Alex Tighe, Adelaide
Federal workplace relations minister Kevin Andrews visited South Australia earlier this months to publicly declare that the state Labor government "must abandon the Fair Work Bill" because, he claimed, if passed into law it would "take South Australia back to the industrial dark ages".
Andrews blustered to local radio 5AN on March 2 that the draft legislation would re-regulate workplaces and "allow unions have a say over all sorts of things". He claimed that "it's bad law to make industry-wide awards" and "bad law to allow union representatives into the workplace".
According to Andrews, the current steady growth in Australia's gross domestic product (the market value of all goods and services produced) of 4% over the 12 months to December was due to the federal Coalition government allowing "flexibility and choice" for employers and employees.
United Trades and Labour Council secretary Janet Giles responded on local radio by arguing that the Howard government has "a shocking record of their own industrial relations laws and they shouldn't interfere with our state bodies negotiating decent laws for our state".
She argued that the state Labor government "must be reassured that they are doing something positive for workers" if the federal government feels the necessity to intervene so blatantly in state politics by making a 20-page submission outlining apparent problems with the government bill.
The federal government argues that all industrial law should reflect the federal Workplace Relations Act and is especially critical because the draft South Australian law supports the right of unions and other registered organisations, like employer groups, to be involved in bargaining. It also points out that the SA bill doesn't allow for any kind of individual contract (AWAs).
The SA draft legislation has taken more than two years to develop and has involved a wide-ranging review of the current system, along with community, industry and union consultation. The current draft is out for public comment at .
The Fair Work bill certainly does propose some reforms that attempt to underpin basic entitlements such as minimum wages and conditions for all workers by allowing a basic award. It also tries to prevent the abuse of people who are outworkers or given the label of "contractor" by putting mechanisms in place to ensure they receive basic payments.
The bill also provides some ability for labour-hire workers to be paid the same rates as other workers in the company where they carry out work. Currently, labour-hire workers have conditions vastly different to the people they work alongside.
The bill tries to improve access to unfair dismissal provisions for casual and contract workers when they have been employed for extended and regular periods.
Amy McDonell, a Socialist Alliance Senate candidate, argued that the proposed changes should be welcomed. "Huge numbers of young people work in casual and part-time jobs for really long periods of time. Why should it be okay for them to be dumped, simply because they turn 20, without being able to claim they were sacked unfairly?", she asked.
McDonnell said that she knew people who were employed for most of the year on a contract through labour hire, but were laid off before Christmas and started again in the same factory at the end of January.
She also supported union representatives being able to enter a workplace. "How are young people going to find out about their rights and unions if they never get to see or meet anyone from the union?", she asked.
From 91×ÔÅÄÂÛ̳ Weekly, March 10, 2004.
Visit the