Glossy spin at Work Choices seminar

May 3, 2006
Issue 

Niko Leka

Department of Employment and Workplace Relations (DEWR) officers had told me the seminar about Work Choices was to inform employees, employers and interested others. Within moments of it starting, however, it was clear that the bosses were the real target audience.

An overview of the law was given by DEWR, hosted by Kath. Then Kim, from the Office of the Employment Advocate (OEA), guided us on making an agreement under the new law.

Kath had a slick power-point presentation and attendees each received a DEWR show bag containing the speaker's slides, 10 "fact sheets" about Work Choices, a promotional booklet, a Work Choices pen and mouse-pad, and a large Work Choices poster. Kim had guides for employers on how to make six different kinds of agreements and its own fact sheet on "prohibited content". For glossy spin, it easily rivalled anything produced by pharmaceutical companies.

We were told that "protection against unlawful termination remains", "employees have the right to join a union" and "the right to lawful industrial action when negotiating a new agreement remains". But what wasn't said is just how difficult and expensive protection against unlawful termination will be. Also passed over was that the right to take industrial action is now crippled; it is only legal during the bargaining period.

Pay, it was explained, is no longer an "allowable matter" in an award. Forget about pay rates being the purpose of negotiating an award; pay will be covered by the "scale" that forms part of the "standard" — a set of legislated minimum conditions.

The seminar mantra was that if an award or agreement was "more favourable" than the "standard", then the award or agreement would apply. But, should the standard be more favourable, it would apply. Given that so many awards offer less than $12.75 an hour and less than four weeks' annual leave, it's a bit like McDonald's halving junior pay rates then offering "free hamburgers" to volunteers for the Salvation Army red shield appeal.

To make an agreement, we were told, you follow a simple six-step flow chart, step one being all about employees being able to "collectively" bargain and "bargaining" agents whom either side can appoint. But union membership, industrial action, disclosing details of your agreement, remedies for unfair dismissal, attending union meetings and "matters that do not pertain to the employment relationship" are criminal enough to earn a hefty fine.

During question time, I asked Kath and Kim to clarify what rights employees have to withhold their labour. "What?", they chorused, before explaining all the restrictions on this "right". But someone in the audience corrected them: it is still legal to walk off the job if it's an occupational health and safety matter. There were no further questions and we were out half an hour early.

I started handing out my leaflets with the cartoon that said it all: "Question: Will the new workplace laws cause the sky to fall? Answer: No, if anything, you should feel the distance between you and the sky slowly increase." Pictured was an "executive salaries" cloud floating higher and higher. Far below, a scattering of workers are sinking deeper and deeper into the earth.

[Niko Leka is a member of the NSW Nurses Association and the Socialist Alliance in Newcastle.]

From Green Left Weekly, May 3, 2006.
Visit the Green Left Weekly home page.


You need Green Left, and we need you!

Green Left is funded by contributions from readers and supporters. Help us reach our funding target.

Make a One-off Donation or choose from one of our Monthly Donation options.

Become a supporter to get the digital edition for $5 per month or the print edition for $10 per month. One-time payment options are available.

You can also call 1800 634 206 to make a donation or to become a supporter. Thank you.