By James Vassilopoulos
The Senate Economic References Committee, which examined the Coalition government's Workplace Relations Bill, reported on August 22.
Three reports emanated from the committee: the majority report backed by the ALP, a supplementary report by the Democrats and a minority Coalition report. The reports indicate where the parties stand on the bill, which is due to be debated in parliament as early as this week.
The Coalition members on the committee of course fully supported the proposed industrial relations changes.
The Labor Party has determined to try to block the legislation. If that fails, as seems almost certain, then the ALP will move approximately 300 amendments. It is likely that the bill will pass in some amended form because of the Democrats' willingness to compromise with the Liberals.
The thrust of the ALP's amendments is to return to the Industrial Relations Reform Act 1993, the act. The majority Labor report opposes:
- state awards overriding federal awards;
- the reduction of awards to 18 core conditions;
- the elimination of paid rates awards (over award payments, which 25% of the work force receive);
- reduction of the powers of the Australian Industrial Relations Commission;
- establishment of the Employment Advocate
- severely limiting unions' right of entry to workplaces
- maintenance of junior rates of pay and the new apprentice scheme
But a number of the recommendations by Labor members of the committee are problematic for workers. For example, they do not oppose individual contracts, in the form of Australian Workplace Agreements, but want the IRC to oversee them.
Most significantly, the ALP members support draconian measures for damages for industrial action. Towards the end of the report they state: "... the majority of the Committee therefore recommends that provisions in the Bill which permit the award of damages against unions should be amended in line with the legislation enacted by the Conservative Government of the UK to provide maximum limits on the amount of the award".
So the ALP parliamentarians oppose unlimited damages for industrial action, but support damages in line with what the British Tories allow.
Even, the old Labor industrial relations legislation did have major problems for workers, included enterprise bargaining, individual contracts in the form of Enterprise Flexibility Agreements and sanctions for secondary boycotts — that is, for solidarity actions.
The Democrats produced an illuminating supplementary report. Their media release dated August 22 is headed, "IR reform bill must be amended". This obviously implies that they do not want to block the entire legislation.
The media release states: "We also need to ensure that the industrial relations system delivers the flexibility necessary for employers and employees who are capable jointly and freely of making a fair bargain to be able to do so at an enterprise level". Apparently, that means "fair" individual contracts.
The summary of the Democrat recommendations includes: "that paid rates awards be retained for those industries and occupations where they continue to be needed. That the government's proposals to repeal union officials' right of entry ... be rejected, but that the government consider further provisions to prevent union officials using rights of entry to harass employers."
The Democrats are planning to oppose some of the provisions in the legislation, including abolition of the "conveniently belong" rule (which would mean unions would be in open competition for members), the decrease in the power of the Industrial Relations Commission and youth wages.
But it seems likely that the Democrats will support most of the Coalitions program, including outlawing of compulsory unionism and the closed shop; individual contracts as long as the IRC looks at them; awards being reduced to 18 conditions, with a few possible additions like superannuation; 91×ÔÅÄÂÛ̳ 45D and 45E being put back into the Trade Practices Act, but excluding consumer and environmental boycotts.
The Greens "strongly oppose the Howard government's assault on workplace democracy and basic rights". According to a leaflet put out by the Greens, they plan to try to "block the passage of the Workplace Relations Bill in its present form".