Things you need to know about the Federal Governments plans to change Australias workplace laws:

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Things you need to know about the Federal
Governments plans to change Australias
workplace laws The changes will affect you,
and your family. Legislation has not yet been
presented, but official statements have been made
by the Prime Minister and Ministers.
Worksite Reps Meeting 6 June 2005
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• PSA members and the community want
• Job security
• Reasonable pay and conditions
• A fair system for dealing with workplace issues
  and differences.
• Radical changes are proposed which threaten your
  rights at work.

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• The Federal Government wants to reduce your
  protection by
• Abolishing State Industrial Relations
  Commissions
• Taking away many powers of the Federal
  Commission
• Reducing your entitlements and your ability to
  bargain
• An emphasis on fairness only leads to
  regulatory excess and inefficiency.
• Kevin Andrews, Federal Minister for
  Workplace Relations. 2005

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The Prime Minister describes the Government
proposal as reforms which provide for New
arrangements for setting minimum wages and
conditions A more streamlined
process Greater Award simplification Libe
ralisation of unfair dismissal laws
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ACTU Secretary, Greg Combet describes the
proposed changes as ...an assault on the
rights and living standards of Australian
workers. The industrial relations changes
are biased and extremely unfair. They will
reduce living standards at a time when many
people are just keeping their heads above
water.
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WHAT ARE THE PROPOSED CHANGES?
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1. Remove most employment conditions from
Awards. 2. Change the way minimum wages are
set to make them lower. 3. Use individual
contracts to undercut existing employment
rights and conditions.
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4. Abolish redundancy pay and unfair dismissal
protection for people who work in small
businesses (less than 100 employees) 99 of
companies will be able to sack employees
indiscriminately. 5. Reduce the powers of the
independent Industrial Relations Commission
to settle disputes and set fair minimum
standards at work. 6. Abolish State Industrial
jurisdictions, and their Awards.
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• Protection provided by current Award provisions
  for PSA members which will be lost include
• Overtime and Public Holiday rates
• Travelling time
• Trade Union training leave
• Accommodation and meal allowances
• Motor Vehicle allowances
• Mealtimes and Crib breaks
• Shift allowances
• Occupational Health, Safety and Welfare
  protections
• TOIL entitlements

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HOW WILL THIS OCCUR?
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From 1 July 2005 the Howard Government will have
control of both Houses of Federal
Parliament. The Federal Government has called on
the States to refer (give up) their IR powers
to the Commonwealth. If States do not agree, the
Federal Government proposes to legislate to
assume total control.
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The Australian Constitution provides for the
States to have responsibility for Industrial
matters, except in defined circumstances. In
general terms the Commonwealth only has the
ability to legislate in respect to industrial
matters where such matters affect more than one
State, or where a State refers its IR powers to
the Commonwealth.
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The Constitution (s.51), however, gives the
Commonwealth power in respect to identified
matters, including trade, financial regulation,
taxation and trading or financial corporations.
The Howard Government proposes to use the
Corporations power as the legal basis for the
changes that it proposes. While the Public
Service is not a Corporation, its funding is
significantly controlled by the Federal
Government. Many Public Sector areas are directly
at risk.
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The Commonwealth also directly controls taxation,
and funding to the States. The Commonwealth has
already proposed restrictions on funding in areas
such as Universities and TAFE unless
Universities/States agree to offer Australian
Workplace Agreements (individual
contracts). Australian Workplace Agreements may
operate to the exclusion of Certified Agreements
or prevail over them. No Commission role to
scrutinise Australian Workplace Agreements.
Office of Employee Advocate role is only to
register Agreements.
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• The Federal Governments proposed safety net
  for workers will not be current Awards and
  Agreements, but only 5 conditions established
  through a Government controlled process
• Minimum wages
• Annual leave
• Personal leave
• Parental leave
• Maximum ordinary hours

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IMPACT FOR PSA/CPSU MEMBERS
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Loss of State IR system. Australian Industrial
Relations Commission (IRC) role in conciliation
or arbitration lost. Move to individual
contracts, away from collective
agreements. Restrictions upon union
representation and access. Federal Government
will abolish the IRCs role in setting wages and
establish a Government appointed Australian Fair
Pay Commission to determine a minimum wage.
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WHERE TO FROM HERE?
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Inform members and the community. Lobby
Federal politicians to prevent proposed
changes. Lobby State politicians not to refer
IR powers to Commonwealth.
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Legal challenges to legislation and processes
which may be unconstitutional. Media and other
campaigns. Change Payroll Deductions (PRDs)
payments to Direct Debit for subscriptions, ahead
of Government removing this provision from Awards
and Agreements. Participate in ACTU week of
action from 27 June 1 July (PSA Thurs 30 June,
noon, Senator Vanstones office 81 Flinders
Street, Adelaide).
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