Industrial relations campaign update
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Pre-eminent labour lawyer Josh Bornstein argues (as I have) that far from being a plan for the 21st Century, the Government’s proposals will return us to the situation that prevailed in the 1800s. He explains that “freedom of contract” is based on a fictional equality between employer and employee:
In very few cases employees actually bargain over their contract of employment, because in very few cases do they have real bargaining power. … In many workplaces, this inequality of bargaining power is illustrated by the existence of identical contracts of employment signed by employees. Sceptics are invited to ask Telstra for copies of the AWAs it has with its call centre employees. The fundamental problem with these contracts is that they are pro-forma “agreements” created by the employer and unilaterally imposed on its employees.
In other words, it’s not about flexible, individual agreements at all. It’s about stripping employees of their bargaining power by making it hard for them to support each other in negotiations.
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Michelle Grattan says Peter Costello’s “unfair dismissals for all” comment “could hardly have been accidental — the transcript was signed off by his office”, and wonders whether it was a smart tactical decision (outside his leadership jockeying). She points to yet another poll that reveals Australians overwhelmingly oppose the unfair dismissal plan.
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There’s another voter who was certainly annoyed by Costello’s policy announcement — Barnaby Joyce, whose vote in the Senate will be crucial. He doesn’t like scrapping unfair dismissal laws for big companies because “[o]ne day you’ll turn up for work and get sacked because some middle manager doesn’t like the look on your face.” Joyce says it’s hard enough to support an exemption for companies with 100 employees, let alone scrapping workers’ protection altogether.
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If Joyce decides to stand up for Queensland, the Government will have to look elsewhere for support. Fortunately, Family First’s Stephen Fielding has given an early indication that he won’t support the proposals:
I think workers and their families will be surprised and shocked to learn the Government intends to remove the guarantee that these workers will be paid on public holidays. Workers will not accept the idea that lunch breaks may not be guaranteed.
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Legal experts think the Government’s draft legislation is too complex, and won’t be ready until next year. Kevin Andrews says it will be introduced to parliament in September or October.
I predict the Govt will do a deal with Family First to introduce some sort of draconian net filtering/censorship to secure their vote on IR reform, and will probably throw more money for bush services to secure Barnaby’s vote.
Then again they could do a deal with Andrew Murray from the Democrats as I ss him as a conservative type sho would roll over like Meg Lees did.
I doubt Family First will pass these IR reforms, they are just another incarnation of Senator Brian Harradine. Family First are a Christian based party, so lets not forget that the overwhelming gist of the bible is to respect and stand up for others in the community and to have a strong sense of social democracy. They are fundamentalists…no doubt about that, but if they take the parts about abortion and homosexuality literally, they should take the bits about social justice and democracy as seriously. Family First wont support the liberals on IR reform and the last thing the Democrats need is another big compromise on IR reform. It would be their final nail so to speak…
We just need one brave National to stand up…
Now if I was cynical, I would think that a lot of the IR reforms are ambit claims and what better way to “straighten” the Senate out than to position Family First as a responsible party of moderation? There are several senior liberals who have links with FFP and this way the Greens become irrelevant.
“Become irrelevent”?
Surely “remain irrelevent” is more accurate…
Fair enough, but you know what I’m getting at.
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