Union deal over Qld compo

October 24, 1995
Issue 

By Bill Mason BRISBANE — The ACTU Queensland branch and the Goss government have finalised a deal to limit workers' access to common law actions over compensation claims. The ACTU had called on workers to march on Parliament House on October 18, but the action was "postponed" two days before. Unions were angry with a government proposal to restrict workers' rights to common law negligence claims against employers in a bid to wipe out a $118 million unfunded liability in the state workers' compensation fund. The government claimed common law pay outs had driven up the unfunded liability, blaming lawyers for encouraging workers to take their bosses to court. The government had proposed increased premiums, higher statutory pay outs — as an incentive not to take employers to court — and a 25% minimum impairment provision for a common law negligence case. ACTU state secretary John Thompson said on October 11 that unions had not been more united against the state Labor government since it came to power in 1989. The compromise deal involves giving workers with severe injuries and impairment a choice of suing the employer for negligence or taking a lump-sum payment, but not both. Workers with minor injuries could be denied access to common law claims. Maximum statutory compensation will be increased from $75,000 to $100,000, and workers will be faced to choose between "the money or the witness box". Employers are unhappy over proposed increases in premiums and a five-year surcharge — although Queensland premiums will still be less than the national average. Some unions have also expressed reservations about the deal. The State Public Services Federation opposes moves to restrict pay outs for claims for work-related stress.

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