Access to Unions
Under the new IR laws, the Howard Government has removed workers' right to get help when they need it most.
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.
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, talk to members and investigate problems. If a worker is covered by an AWA, unions will not be able to check that the agreement meets the minimum requirements. An employee will have to give union officials written permission to check their AWA. Even then, checks to records can only be confined to union members’ paperwork, and the union will have to tell management what they’re checking and who complained to the union. This may in fact be against the International Labour Organisation’s freedom of association conventions.
- Making it harder for unions to legally take industrial action when negotiations break down. If employees would like to take industrial action to support their bargaining, they have to apply to the AIRC to have a secret ballot – and then have to pay 20% of the cost of running the ballot.
- Increasing penalties for unions and workers – you can be fined more than $6,000 simply for asking for unfair dismissal protection to be added to your AWA or collective agreement.
| Before the election of the Howard Government | Since election of Howard Government in 1996 | Under WorkChoices, from 2006 |
|---|
Access to Workplaces: Awards gave unions access to
workplaces.
Unions had a legal right go to
workplaces to check people were
being properly paid.
Bargaining Rights: Industrial Relations Commission focused on fixing disputes instead of fining unions for strikes and other industrial action.
| Access to Workplaces: Minimum 24 hours notice of unions coming to workplaces required, unless
other arrangements agreed in collective agreements.
Unions can only access workplaces
covered by awards or collective
agreements.
Bargaining Rights: Industrial Relations Commission has almost no ability to make parties settle disputes.
Emphasis on banning most strikes.
|
Access to workplaces:
Unions have to give 24 hours written notice, including reason for visit.
No union access to non-member records to check that employers are
paying correctly.
Unions access provisions not allowed in collective agreements.
Bargaining Rights: Complicated secret ballots before all strikes, limits on how long you can be on strike and what you can take strikes for, and much easier for others to apply to end strikes. No ballot process before employer lockouts.
|
Despite the limits placed on unions by the Howard Government, joining a union and having a union on your side is still the best protection you can get for your rights and conditions.
Unions will continue to represent working people, fighting for the right to a safe workplace and a fair day's pay for a fair day's work. Without institutional support workers have to rely on sticking by each other more than ever. If you would like to become involved in a movement protecting workers' rights you can join your relevant union by calling 1300 362 223.
Free confidential assistance can be obtained from the ACTU’s Union Helpline, for both union members and non-members: 1300 362 223.
Download a detailed 12 page booklet containing information about the new laws (PDF).
