By Di Quin
MELBOURNE — Victorian workers are being advised by some of their union officials to trust federal Labor to save them from the Kennett government's unprecedented attack on workers' rights. The ACTU has warned the Victorian Trades Hall Council against taking major industrial action before the federal elections in case it jeopardises Labor's chances of being re-elected.
But will re-electing the federal Labor government really save workers from Kennett? While Canberra has made it easier for workers to move from state to federal awards, this may not save Victorian workers from much of Kennett's anti-union legislation and administrative decisions, according to leading industrial relations lawyers.
The Australian Bureau of Statistics estimates that 39.6% of Victorian workers are covered by state awards, 37.9% covered by federal awards and 17.9% not covered by any award. Victorian public servants are in the last category; their wages and conditions were covered by the now repealed Public Service Act.
The state award system was used by some of the weaker and less organised unions because it offered "common rule" coverage — i.e. it covered the employees of all firms in a given industry even if they were not party to the hearings which set these awards.
Even if the unions currently trying to get their members into federal awards beat the Kennett government in court, it is likely that most workers covered by some of the approximately 200 Victorian state awards won't escape by March 1. VTHC secretary John Halfpenny estimates that 500,000 out of 800,000 workers will be still left under state awards. They will be forced into inequitable employment contracts.
While workers who escape into federal awards will not be forced into individual contracts — unless the Coalition wins the federal elections — they will eventually suffer many of the same attacks on wages and conditions through ALP-ACTU-endorsed enterprise bargaining deals. Enterprise bargaining is Labor's slower path to "labor market deregulation", the objective of Kennett's legislation.
Victorian workers who escape into federal awards, or are already covered by them, remain subject to the Employee Relations Act's provisions on "unlawful industrial action" unless the action
"arises out of or is related to a claim, dispute or grievance under, or in connection with that [federal] award".
According to the law firm Slater & Gordon, this limited immunity will not protect employees covered by federal awards when taking action on over award terms and conditions or other matters unconnected with the award. Any industrial action on political issues (such as the Kennett attacks) will have to be authorised by secret ballot, not be capable of being dealt with under the Equal Opportunity Act and not contravene the Employee Relations Act's provisions on "freedom of association".
The "freedom of association" provisions aim to decollectivise the workplace, in the unanimous opinion of the three biggest labour law firms in the state. The section could easily be interpreted to outlaw most recruitment practices of unions, they warn. Fines of $1000 for individuals or $50,000 for unions can be imposed for "unlawful industrial action".
The Essential Services Act and the Vital State Industries Act apply to workers in workplaces deemed "essential" or "vital" by the state government, regardless of whether they are covered by federal awards. These acts ban all industrial action by the workers in these areas and give the state government martial law type powers in their workplaces.
Escaping to a federal award also will not save workers from Kennett's drastic attacks on their rights to workers compensation. The new Workcover Act does not recognise even amputations or the loss of an eye as "serious injuries". It will force most injured workers onto the dole a few months after their injury. Injured workers with working partners may not get even the dole. Women workers are expected to be hit hardest.
Trades Hall is encouraging unions to pressure employers to incorporate most of the entitlements under the previous workers compensation law into their employment contracts or awards. But the first such effort, in the oil industry, has been met with threats by the state government to activate the Vital State Industries Act. Furthermore, after March 1, industrial action to secure such agreements may be deemed unlawful under the Employee Relations Act.
Finally, Labor's "solution" does not address the thousands of job and service cuts brought in by Kennett. Every day, these escalating cuts to services and the growing fear of unemployment are making it harder for unions to organise industrial action in the public sector.
Militant unionists are concerned that if the VTHC-ACTU committee that is supposedly leading the campaign against Kennett's attacks
does not authorise decisive and united industrial and mass action soon, Victorian workers will suffer a serious defeat. Such a defeat would spur on big employers and other state governments into launching similar attacks on workers, jobs and community services like health, education and public transport.
An all-union meeting of shop stewards, delegates and union officials is due to discuss the anti-Kennett campaign on February 4. Its outcome may determine if the campaign succeeds or fails.