Enterprise 'agreement' a sham
By Dave Wright
HOBART — Tasmania's new industrial legislation was put to the test last week when the first of several new enterprise agreements came before the new enterprise commissioner.
Delta Hydraulics was given approval to implement the new agreement, which replaces the Metal and Engineering Award. More than a quarter of the work force voted against the proposal, but were denied access to the hearing by enterprise commissioner Bevan Johnsen.
When asked why this was so by one of the workers, Johnsen replied that those workers were not a party to the agreement and therefore could not intervene in the commission. However, they were still bound by the agreement.
Johnsen said, "Whether this is fair or unfair is not for me to say. It is the structure of the legislation."
He added, "The powers of an enterprise commissioner are not of conciliation or arbitration. I do not have the power to investigate public interest or fairness. I have on obligation to make certain the requirements of the act are fulfilled."
The "agreement" slashes penalty rates and conditions. There is also a secrecy clause attached to it.
Jim Bacon, secretary of the Tasmanian Trades and Labour Council, was critical of the agreement and slammed the process surrounding it. He said that the next step by the council may be to take the decision to the Supreme Court.