30 September 2007
ACTU calls on Australian Government to exert maximum pressure on Burma’s military regime
As the violence against peaceful pro-democracy protesters in Burma continues and the UN’s Special Envoy begins his visit to the country, it is time for the Australian Government to exert maximum pressure on Burma’s military junta the ACTU said today.
Sharan Burrow, President of the Australian Council of Trade Unions, who is also President of the global union body, the International Confederation of Trade Unions, said today:
“Australia has provided international leadership at critical moments in the cases of Cambodia and East Timor and it is Burma that deserves our attention now.
“Foreign Minister Downer should take the lead. This is not a dress rehearsal.
“The ACTU is deeply concerned by the Burmese military junta’s recent violence against pro-democracy opponents of the regime, including Buddhist monks.
“If further loss of life is to be averted, the regime must be placed under the maximum possible international pressure, including by the use of effective economic sanctions which should cover the key sectors of timber, energy and mining.
“Sanctions are what made the difference in South Africa and we must use whatever tools we have, including economic sanctions, to push for real change in Burma now.
“It is also essential that China, India and Singapore, the governments with most influence over the Burmese military regime, exert maximum pressure in support of the UN’s call on the Burmese military to end the violence and to find a solution to the country’s political crisis.
“The regime should release all political prisoners, including Daw Aung Sang Suu Kyi and the six labour advocates recently sentenced to up to 28 years imprisonment for their involvement in Labour Day activities on May 1.
“Steps are also needed to alleviate economic hardship and to introduce serious political reforms in Burma, including starting a real dialogue with the political opposition.
“The Burmese military must understand the tremendous damage their actions are causing throughout the country. They should immediately end the violence, accept a return to democracy and respect human rights.
“The Australian Foreign Minister should take these issues up directly with China, India and Singapore, the current ASEAN chair,” said Ms Burrow.
Trade unionists have joined candlelight vigils and protests in Canberra, Sydney, Melbourne and Perth this week, and in cities around the world in solidarity with democracy supporters in Burma.
Despite strong condemnation by the United Nations, the Burmese military junta has refused to show any concrete practical steps to ending the widespread use of forced labour, unions remain banned and many workers earn less than $1 a day.
Add your voice to the protest sign the petition: www.avaaz.org/en/stand_with_burma/h.php/
28 September 2007
Govt admits fairness test farce is getting worse - despite $93 million ad blitz
Despite a $93 million taxpayer funded pro-WorkChoices ad blitz, the Workplace Authority has today provided more evidence that the Howard Government's 'fairness test' simply is not working.
In a statement issued today, the Workplace Authority admits it is bogged down checking more than 110,000 workplace agreements lodged since the test was introduced in May more than four months ago and that employers are having major troubles dealing with the extra red tape.
ACTU President Sharan Burrow said today:
"The Workplace Authority is throwing its hands up in despair.
"No matter how hard it tries, it cannot make the Howard Government's IR laws fair for employees or practical for employers.
"The backlog of workplace agreements that have not been checked is still getting bigger.
"The Workplace Authority admitted several weeks ago it had a mountain of more than 110,000 job agreements still to be checked.
"With more than 7,000 new workplace agreements being lodged each week and only around 5,000 able to be checked, the backlog is continuing to grow by an extra 2,000 job agreements a week.
"This means it could take more than a year for workers to find out if they have been paid properly.
"It is an absolute disgrace that the Howard Government is wasting so much taxpayers' money on blatantly political pro-WorkChoices ads while the reality is that the IR laws are a mess and the fairness test is a joke.
"The basic problem the Workplace Authority has is that the Howard Government's WorkChoices IR laws are fundamentally flawed - they are unfair, unworkable and un-Australian," said Ms Burrow.
More information:
· Employers urged to supply info to pass fairness test - Workplace Authority media statement
· Farcical 'happy workers' Fairness Statement issued by Workplace Authority
· New, complex Fairness Test additional information form issued by Workplace Authority
· Source: http://www.workplaceauthority.gov.au/graphics.asp?showdoc=/employers/lodgingAgreement.asp
27 September 2007
Workplace Minister wants to move more young workers onto AWAs
Workplace Minister Joe Hockey's comments on Brisbane radio today are confirmation the Liberal Party intends to push more kids onto AWAs if the Howard Government wins the coming election.
Australian Council of Trade Unions (ACTU) President Sharan Burrow said:
"Minister Hockey's comments show his Government has turned its back on young workers.
"His comments are bizarre and totally out of touch with reality.
A recent government-funded study found that some young workers in cafes, shops and bars had lost between 25 and up to 31 per cent of their take home pay under WorkChoices.
"It is absurd to suggest a young worker aged 16, 17 or 18 has an equal bargaining position with the manager of a multi-national fast food chain.
"The fact is that under WorkChoices, young workers have been the most vulnerable and have suffered big cuts to their pay and conditions.
"The Minister should explain to Brooke O'Mara, a twenty year old who worked for a diving tour company in Cairns, why it was legal under WorkChoices for her to be paid less than $3 an hour.
"Mr Hockey should also explain why Renee Pittman, a 17 year old café worker from Brisbane, lost $80 a week when she signed an AWA individual contract under WorkChoices.
"Yesterday the Howard Government launched a new review of pay rates for juniors and trainees.
"Unions are very worried this review is just a cover up for the Government's plan to cut the wages and conditions of more young workers if it wins the election," said Ms Burrow.
Mr Hockey's Bizarre Comments:
"The kids are negotiating mobile phone contracts worth literally thousands of dollars a year," Mr Hockey told ABC Radio.
"In some cases, they are borrowing money for cars, they are going and borrowing money for overseas trips - yet they can't negotiate a contract?"
... Mr Hockey said he would "love to be on AWA".
"But that is for other people," he said.
"…I'd happily trade off everything." (AAP News Wire, 27 September)
Junior wage review another sign Govt will go further on IR
A review of pay rates for young workers and trainees launched 26 September by the Howard Govt's pay setting body is a worrying sign that the Coalition will go further on IR and that young workers could suffer a further drop in their pay and conditions after the election says the ACTU.
The pay review for junior workers and trainees has been launched the same day the NSW Government has found workers aged under 18 were underpaid more than $45,000 by the Chilli's restaurant chain that used the WorkChoices IR laws to exploit its young staff.
It also comes as more than 20,000 workers and their families rallied in Melbourne to call for a change of Government to prevent the Liberal and National Parties going further on IR.
ACTU President Sharan Burrow said:
"The Federal election is an opportunity for working families to vote against the WorkChoices IR laws, to prevent the Liberals going further on IR, and to protect the rights and working conditions of their children.
"The launch of a new review of pay rates for juniors and trainees clearly shows the Howard Government will go further on IR if it is re-elected.
"Unions are worried this review is just a stalking horse for another push by the Government to further cut the wages and conditions and rights of young workers.
"There have already been repeated examples of young workers having their pay and conditions cut under WorkChoices. In just the last week we have seen reports of:
· Young workers underpaid more than $12,000 by an actor starring in the Government's WorkChoices ads who also ran a painting business in Melbourne.
· Young workers under 18 being ripped off more than $45,000 by Chilli's restaurant outlets.
· An ongoing investigation into the exploitation of young trolley collectors in SA who have been underpaid more than $250,000.
· Young staff in cafes and take-away outlets in the Victorian seaside town of Warrnambool found to have been underpaid and kept 'off the books'.
"Last weekend it was appalling that the Minister for Workplace Relations Joe Hockey failed to condemn a WorkChoices business ad that features convicted criminals. Instead of unreservedly condemning the WorkChoices advertisement Mr Hockey tried to defend it.
"And today we see Mr Hockey criticising a new report that under-age workers were systematically exploited by a restaurant chain when he should be making sure vulnerable workers are protected.
"Young workers have been abandoned by the Howard Government and left without the legal rights they need," said Ms Burrow.
21 September 2007
Contract cleaning company says AWAs are 'pointless' as another employer dumps Liberals' IR laws
Reports that another large employer, the Australian Cleaning Contractors Association, has labelled the Government's IR laws 'farcical' and 'pointless' and plans to halt the use of AWAs is further evidence that the Howard Government's WorkChoices IR laws are in disarray says the ACTU.
A newspaper report today states the Australian Cleaning Contractors Association which represents 150 contract cleaning companies is on the verge of dumping Australian Workplace Agreements because they find them 'complex and confusing'.
The Australian Cleaning Contractors Association says the Government's workplace relations system has become "farcical" and "pointless" and is now considering returning to the award system or enterprise agreements. (SMH, p3, 21/9/07)
"We had an AWA system in place that was getting rid of all the problems and complexities of awards, and now it's more complex and confusing," said the association's executive director, John Laws.
ACTU President Sharan Burrow said:
"We have always known these laws are bad for workers and we are now seeing employers decide they are also bad for business.
"This week we have seen local councils that employ 50,000 workers writing to the Workplace Minister Joe Hockey saying they want to drop out of WorkChoices.
"The national retailer Spotlight has also this week announced it is fed up with the WorkChoices laws and has abandoned the use of AWAs for its 6,000 staff.
"The Government's WorkChoices IR laws are in tatters with major employers jumping ship almost every day and more and more workers saying they are worse off under the laws," said Ms Burrow.
19 September 2007
50,000 council workers want out of WorkChoices as more employers turn their back on Liberals' IR laws
The decision of 152 councils to discontinue their push to be covered by the Federal Government's IR laws is further evidence that business support for WorkChoices is unravelling the ACTU said today.
"We have always known these laws are bad for workers and we are now seeing businesses decide they are also bad for employers," said ACTU President Sharan Burrow.
It has been reported today that NSW local councils want to take 50,000 employees out of WorkChoices.
This follows news that national retailer Spotlight is fed up with the WorkChoices laws and has abandoned the use of AWAs for its 6,000 staff.
ACTU President Sharan Burrow said:
"The Howard Government's WorkChoices IR laws are a disaster for workers and an unworkable mess for employers.
"There are now more than 110,000 employees and their managers waiting for the Workplace Authority to individually check the job contracts that have been signed since May.
"Every day an extra 1,200 job contracts are lodged with the Workplace Authority which simply cannot keep up with the task of checking every agreement.
"WorkChoices is an unmitigated disaster for workers and employers alike.
"The laws should be scrapped," said Ms Burrow.
Spotlight decision shows IR laws are bad for workers and bad for business
Spotlight has said it will abandon the use of AWA individual contracts after it was found they would leave 460 of its staff worse off through the loss of penalty rates.
ACTU President Sharan Burrow said:
“This decision by Spotlight to give up on the Liberals’ unfair AWAs confirms they are bad for workers and are also bad for businesses.
“They are demonstrably bad for the 460 workers at Spotlight that lost their penalty rates and had their take home pay cut under the company’s recent attempt to introduce unfair AWAs.
“Spotlight management has also confirmed that they find AWAs inefficient and bad for their business as a national retailer.
“There are around 110,000 workers still waiting for their AWA individual contracts to be checked to see if they are fair.
“This massive backlog means there is no doubt we will see emerge in the coming months thousands more workers like those at Spotlight who have suffered unfair cuts to their pay and conditions under the Howard Government’s IR laws.
“Unions are also concerned this case could add to pressure on the Howard Government to dump the ‘Fairness test’ after the election in order to salvage support for AWA individual contracts among employers.
“John Howard, Peter Costello and other senior Coalition figures are already on the record as saying they intend to go further on industrial relations reform.
“In fact, Peter Costello refused to rule out getting rid of the ‘Fairness test’ in an interview with Laurie Oakes on the Channel 9 Sunday Program 6/5/07:
LAURIE OAKES: Now if the Government survives this election, it's widely assumed that John Howard will step down in the next term, I assume you expect that as well. Do you guarantee if that happens that a Costello Government would not repeal or water down the fairness test the Prime Minister introduced?
PETER COSTELLO: Well I'm not going to speculate on what might happen after the election…
“This move by Spotlight shows the Liberals could be forced to amend or axe the ‘Fairness test’ after the election to make AWAs more attractive to major employers,“ said Ms Burrow.
14 September 2007
Alarming growth in risk to workers’ health & safety rights under Howard-Costello Govt
New figures released today show there has been an alarming growth in the number of workers whose health and safety rights are at risk under the Howard Government’s poorly resourced workers’ compensation scheme, ‘Comcare’.
In the last year the Howard Government’s ‘Comcare’ workers’ compensation system grew by an additional 75,000 employees and on current trends the scheme will double in size in just four years — growing to cover more than 560,000 workers by 2010.
Unions are concerned there are reduced entitlements for workers under the Federal Comcare system and that, with such rapid growth, there are simply not enough inspectors to ensure workplace health and safety standards are maintained.
Workplace Relations Minister Joe Hockey has refused to meet today with his State Government counterparts to discuss concerns over the Federal Government’s unfair WorkChoices IR laws, including workplace health and safety issues.
ACTU President Sharan Burrow said:
“John Howard and Peter Costello plan to go further on industrial relations if they win the next election and workplace health and safety is in their sights too.
“The Coalition changed Federal health and safety laws to encourage large companies to move into the under-resourced ‘Comcare’ system and avoid their responsibilities under the State workers’ compensation schemes.
“This means fewer health and safety rights for workers and in the long term less viable State-based workers’ compensation systems.
“There are approximately only 50 workplace inspectors to cover all of the workers in Comcare, with some States not having even one dedicated Comcare inspector.
“Workers in high-risk industries such as construction and transport will receive significantly less compensation for permanent impairment injuries under Comcare and the Federal Government has changed the rules making it harder to claim compensation for mental stress.
“Recent changes to the Federal Government’s Comcare Occupational Health and Safety and Compensation scheme have also taken away the right of workers to run their own elections for a health and safety representative and have made it tougher for workers to access health and safety advice.
“Even more alarming is the fact that the Coalition plans further changes to Federal workplace health and safety and compensation laws if it wins the next election”, said Ms Burrow.
Employees covered by ‘ComCare’
· 2006 - 268,164
· 2007 - 343,069
· 2008* - 417,974
· 2009* - 492,879
· 2010* - 567,784
* ACTU estimate based on current trend.
13 September 2007
Workers in cafés, shops & bars have lost up to 1/3 of their pay under WorkChoices: new report
A new government-funded report released today confirms that Australia's 1.7 million retail and hospitality workers have been hit the hardest by the introduction of the WorkChoices IR laws, with some workers losing up to a third of their incomes.
ACTU President Sharan Burrow said:
“This report is further proof that ordinary working Australians have suffered massive cuts to their pay and conditions under the WorkChoices IR laws and it underlines the importance of voting to get rid of the Coalition Government at the coming federal election.”
The study by the University of Sydney's Workplace Research Centre found that some liquor store employees had lost up to 31 per cent of their take home pay, while many who work in bakeries and fast food outlets had seen their wages fall by up to 25 per cent.
The report analysed all 339 collective agreements in hospitality and retail from Victoria, NSW and Queensland that were lodged with the Office of the Employment Advocate between ‘WorkChoices’ taking effect on March 27 last year and December 8.
It found the big losers under WorkChoices were workers on non-union job contracts in the retail and hospitality sectors, with:
· 80 per cent of these agreements removing annual leave loadings,
· 79 per cent dropping laundry allowances
· 76 per cent no longer containing Saturday penalty rates
· 71 per cent removing Sunday penalty rates.
· 68% removing overtime rates,
· 60% axing public holiday penalty rates
· 55% removing paid meal and rest breaks.
The study found that workers in retail had their pay cut by between 2% and 18% on average and hospitality workers lost between 6% and 12% on average.
The cuts to take home pay were mainly due to the loss of penalty rates and the report noted that the real loss would be significantly larger due to the significant loss of other conditions such as paid breaks, annual leave loading and overtime.
The study also noted workers who worked Sunday had their pay reduced in some cases by up to 30%.
Justine Evesson, who led the research team, said employees of smaller business fared the worst while workers in larger businesses, such as department stores and supermarkets, usually fared better, with collective contracts that built on the award minimums.
Two-thirds of the agreements that stripped away these formerly protected award provisions are based on templates provided by lawyers, consultants and employer groups and show next to no sign of individual negotiation or flexibility — the supposed aim of the Howard Government’s IR laws.
The report concluded that: "Redundancy rights and severance pay have been largely eliminated, casual loadings have been significantly reduced, and part-time workers in particular have lost important hours provisions to allow for work-family balance."
“This is a damning report card on the federal government’s disastrous IR laws”, said Ms Burrow.
13 September 2007
Unions warn that Costello will go even further on industrial relations
John Howard’s announcement that he will stand down in favour of Peter Costello is a clear signal that the Liberal Party plans to take a hardline approach to industrial relations and will go even further on its unfair WorkChoices IR laws if it wins the next election says the ACTU.
“When it comes to industrial relations and the rights of Australian workers, Peter Costello is not just the same as John Howard. He is worse,” ACTU Secretary Jeff Lawrence said today.
Unions today warned Peter Costello as Liberal leader would see even more Australians pushed onto AWA individual contracts and a further erosion of unfair dismissal protections for workers.
On AWA individual contracts, Peter Costello has said:
‘We should be trying to move to an industrial relations system where the predominant instrument is the individual contract’… (The Age, 19/2/05)
On unfair dismissals, Peter Costello has said:
‘You could have an exemption [from unfair dismissal protections] for everyone… I can’t tell you there is any magic in the number 100. If this were to work well people were to say well in the years to come it should be extended to all companies I would be very open to the idea.’ (ABL Insight Magazine, 26/7/05)
“Working Australians should be left in no doubt that Peter Costello will go further on WorkChoices and take away more of their rights at work if the Liberals win the next election,” said Mr Lawrence.
Mr Costello is a lifelong industrial relations extremist who is a founding member of the secretive pro-deregulation and pro-big business HR Nicholls Society.
Peter Costello began his career in the 1980s as a barrister in high-profile anti-worker legal fights such as the Dollar Sweets case in which low paid factory workers who had already been sacked were sued by the company and stood to lose their family homes.
12 September 2007
Another employer uses ‘operational reasons’ excuse under Liberals’ IR laws to sack staff
The ACTU today blamed the Howard Government’s IR laws for making it easier to sack long-term workers, following revelations that two video library attendants were sacked after eight years service at Video City stores in Devonport and Burnie, Tasmania.
The long-serving workers were sacked earlier this year, with the employer stating that the dismissals were for ‘operational reasons’ — an excuse which allows large companies to sack workers unfairly under the WorkChoices IR laws.
ACTU Secretary Jeff Lawrence said today:
“Job security for workers is becoming a thing of the past under WorkChoices.
“The new IR laws have given employers too much power and have made it much easier for workers to be sacked even if they are hard-working, loyal employees.
“A new university study by Dr Anthony Forsyth of Monash University released this week has confirmed the WorkChoices IR laws have given employers wide powers to sack staff unfairly and that employers are implementing ‘brazen labour cost-cutting strategies’ under the guise of ‘operational reasons’.
“The study found that the ‘operational reasons’ exemption under WorkChoices is allowing large employers to dismiss employees and replace them with lower-paid workers.
“The report shows that if the boss doesn’t like you or wants to employ someone on an AWA individual contract more cheaply, you can be shown the door, no matter how long you have served.
“It shows that the ‘operational reasons’ exclusion under the Coalition’s IR laws is being interpreted very widely and is being used by employers to evade unfair dismissal complaints even in cases that have only a very remote link to the economic, technological or operational needs of the business concerned.
“The exposure of employees to unfair or arbitrary dismissal is being highlighted in a new television advertisement that the ACTU is currently screening nationally.
“The advertisement features Andrew Cruickshank and his family. Mr Cruickshank was sacked for ‘operational reasons’ from his job at a major retailer only to find his position readvertised within weeks for $25,000 less.
“If the Coalition Government is re-elected even more workers are going to face this sort of unfair treatment. The only way to stop it is to vote against the Liberals and Nationals,” said Mr Lawrence.
The Tasmanian branch of the LHMU has today lodged an application in the Federal Court to contest the dismissal of the two employees.
More information:
6 September 2007
Despite $37 million IR ad campaign only one in ten AWAs undergo ‘Fairness Test’
A new official report released today shows that despite a $37 million taxpayer funded IR advertising campaign to promote the Howard Government’s new workplace watchdog, it has checked only one in ten AWA individual contracts since the introduction of the so-called ’Fairness Test’.
The report shows there are lengthy delays in the operation of the Howard Government’s so-called ‘Fairness Test’ and a massive backlog of more than 110,000 workers who are yet to have their workplace agreements checked by the Workplace Authority and to know they are being paid correctly.
Figures released today by the Howard Government’s Workplace Authority show that 123,100 workplace agreements have been lodged in the four months since the introduction of the new ‘fairness test’ on 7 May 2007 and yet only 12,749 assessments (10%) have been finalised.
The figures also show that a significant number of the agreements are not passing the test, with workers facing the loss of penalty rates, overtime pay and other award conditions without adequate compensation.
The Workplace Authority report also shows that despite the massive taxpayer-funded advertising campaign, employers are still trying to use the Howard Govt’s IR laws to cut the wages and conditions of their employees and that women workers in the retail and hospitality sectors are particularly at risk.
One example cited by the Workplace Authority that failed the ‘Fairness Test’ is a female food and beverage worker at a hotel who was employed under an AWA individual contract that removed penalty rates and shift loadings, with the worker suffering a cut to her take home pay of $156 a week.
Another example that failed the ‘Fairness Test’ concerns a female shop assistant employed on an AWA individual contract that removed penalty rates, overtime pay and shift loading — cutting her pay by $42 a week.
ACTU Secretary Jeff Lawrence said:
“The massive backlog and long delay in checking AWAs confirm that the so-called Fairness Test is a farce and the Workplace Authority’s advertisements are a monumental waste of taxpayers’ money.
“There is a huge backlog with workers waiting more than four months to have their agreements checked and a disturbingly high number of workers whose boss is still trying to rip them off by removing their penalty rates, overtime pay, shift loadings and other award conditions.
“The only way to make sure that workers are treated fairly is to get rid of the Howard Government’s unfair WorkChoices IR laws.
“The WorkChoices laws are fundamentally unfair and no amount of window dressing can disguise this basic fact,” said Mr Lawrence.
More information: See Workplace Authority Report attached
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