The Howard Government's radical industrial relations reforms unfairly curtail our rights at work, cut the amount of time Australians can spend with family, and erode job security.
This year, working people face an important choice: how should we vote to protect our rights at work and those of our children? Here are some factsheets, comparing Labor's policy to the Howard Government's IR laws to help you make that choice.
Election choice summary factsheet: Who is better able to protect your rights at work?
A 2 page, A4 sized PDF factsheet comparing the Liberals' and Labor's industrial relations policy. This factsheet is in colour but can be printed and photocopied easily in black and white.
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Fairness Test Factsheet
A 2 page, A4 sized PDF factsheet discussing the so-called Fairness Test. The ‘fairness test’ does not guarantee workers get full financial compensation for the losing their penalty rates, overtime pay, public holiday pay, annual leave loading, or other award conditions they lose under the Federal Government’s industrial relations laws.
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Unfair dismissal factsheet
This 2 page A4 PDF factsheet gives you a simple comparison of the Howard Government's abolition of unfair dismissal rights, versus Labor's restoration of unfair dismissal protections.
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Collective bargaining factsheet
This factsheet explores Labor's commitment to abolishing AWA individual contracts, and the fact that Labor will give workers the right to collectively bargain with their employer when the majority of workers want to.
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Safety net factsheet
This 2 page A4 PDF factsheet explores Labor's strong system of awards and 10 minimum employment standards that must be upheld. It is contrasted to the Howard Government's IR laws where people can be left worse off compared with the safety net.
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Industrial umpires factsheet
This 2 page A4 PDF factsheet compares the Howard Government's "fair Pay Commission" with Labor's simple, fair independent umpire.
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Below you can find The Facts about WorkChoices as it was introduced in 2006, before John Howard made the cosmetic changes outlined in the Factsheet about the so-called Fairness Test.
1. Unfair dismissal
The Howard Government has attacked job security, leaving 4 million employees vulnerable to unfair dismissal.
- Workers
employed by businesses with fewer than 100 staff lose the right to
unfair dismissal protection. This means employees are no longer allowed
to seek reinstatement or compensation if they are sacked because of
harsh, unreasonable or unjust treatment.
- People employed by
companies with more than 100 staff keep right to claim unfair
dismissal, but workers in large companies are not safe either.
Employees will not be regarded as unfairly dismissed if employers state
their sacking was for "operational reasons."
- All employees keep
right to claim unlawful dismissal, if they are sacked on the basis of
discriminatory grounds such as race, religion, gender, pregnancy and
union or political affiliation. However, these claims have to be fought
in court with costs for the employee nearing $30,000.
2. AWA Individual contracts
AWA are individual contracts that can undermine workers' rights. The Howard Government’s laws allow employers to:
- Single out employees, introducing poorer working conditions on to them one at a time.
- Have more control over your working hours and make more people casual.
- Get rid of work rights like weekend, shift and public holiday rates; overtime; redundancy pay and allowances.
3. Change the way minimum wages are set to make them lower
The
Government wants minimum wages in Australia to be lower. This will
reduce the living standards for many people who are only just keeping
their heads above water.
- For more than 100 years
minimum wages in Australia have been set, reviewed and increased by an
independent body, the Australian Industrial Relations Commission. This
system ensures that low paid workers and their families are not left
behind.
- Under the Howard Government’s IR changes, the
independent umpire – the Industrial Relations Commission – no longer
sets minimum wage rates.
- Minimum wages to be set by a so-called
"Fair Pay Commission" tasked only with ensuring the economy is
competitive – not with balancing the dual needs of a strong economy and
wage fairness.
4. Award safety net replaced with just five minimum conditions
Most
of the minimum pay rates and working conditions we take for granted are
guaranteed in State or Federal awards, which also underpin workplace
agreements. All new employees can be required to sign an agreement and
have no right to demand the award.
The Government’s new laws state five conditions will form the minimum standard for all wage agreements:
- A minimum wage based on job classification starting at $484 a week.
- Four weeks' paid annual leave, of which two weeks can be cashed out at the request of an employee.
- Paid
personal/carer's leave, including sick leave, of 10 days a year, plus a
further two days of unpaid carer's leave if you have exhausted all your
paid leave.
- Parental leave of up to 52 weeks unpaid after the birth or adoption of a child for the primary caregiver.
- A standard working week of 38 hours, averaged over a year, but not tightly enforced.
5. Australians' access to unions restricted
The
Howard Government’s new IR laws will affect everyone's right to get
help when they need it most. The Government has made it harder for
unions to protect and represent employees by:
- Making it harder for employees to ask unions to make workplace visits.
- Making it harder for unions to legally take industrial action when negotiations break down.
- Increasing penalties for unions and workers.
6. Powers of the independent Industrial Relations Commission weakened
The
Government has weakened the powers of the independent umpire in the
workplace by stopping it from setting minimum wage rates or considering
new award conditions.
- The AIRC loses power to set minimum wages, hear test cases to alter awards and arbitrate disputes.
- Instead
of the independent Industrial Relations Commissions, the Howard
Government has created the so-called Australian Fair Pay Commission.
- The
AFPC will not be required to consider fairness when setting minimum
wages. Nor will it set wages in the context of living standards in the
community generally.