By Melanie Sjoberg
ADELAIDE — Chris White, assistant secretary of the United Trades and Labour Council, has expressed concern at the dramatically increased powers of the industrial relations minister under a bill currently before state parliament.
"The almost dictatorial powers given to the minister mean that working conditions could be changed at the stroke of a pen and without consultation", said White.
The bill allows unions to be excluded from enterprise bargaining agreements unless "prescribed notice has been given to employees and the majority of employees authorise the union in writing to act on behalf of the group". It then prevents unions having any right to be heard during the approval of an agreement.
Awards are to have a place "where appropriate". This essentially means that the enterprise agreement will take precedence, and only aspects of the award that are included will apply, until the agreement is rescinded. There is no right of appeal against approval, rescinding or variation of an agreement.
The bill opens the potential for intervention and control by government in an unprecedented manner.
"For example, under the new bill, the minister can define an industrial matter, along with what can be considered by the Industrial Commission for arbitration. The government, as an employer, may be in dispute with a public sector union and the issue is referred to the commission, but then the minister rushes a change through that means the commission cannot deal with the matter", White explained.
"The minister can also define whether a union is operating in the best interests of its members and circumvent the Industrial Commission by referring matters to the Supreme Court irrespective of the state of proceedings in a particular dispute."
There are aspects of the bill that have further detrimental effects for women. There is no mention of equity within the objectives, and tests for the approval of enterprise agreements don't include equal opportunity. Similarly, the narrowing of scope for awards removes the ability to cover piece workers, the majority of whom are women.
Briefings of unions and community groups have been conducted by UTLC with a view to organising a united response.