ISSUE 10 November 2006

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01_

one million Australian Workplace Agreements

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NSW Calls for a fair approach

     
   

Recently the Howard Government arrogantly celebrated what they said was the signing of the one millionth Australian Workplace Agreement (AWA).

 

In NSW we say this is cause to mourn the loss of Australian values and family life.

 

Mr Howard is content to celebrate the creation of his anti-family, sign-it-or-else workplace culture, but how many of Mr Howard's million fellow Australians were confronted with an AWA and bullied into signing it?

 

A recent survey by the Commonwealth's Employment Advocate shows every AWA traded away at least one protected award condition since the introduction of Work Choices.

 

That is a lot of people who have been hurt by these unfair laws and shows Mr Howard's undertaking about five protected award conditions are worthless.

     
 

 

The survey also shows 22 per cent of agreements did not provide for a wage increase during the life of the agreement, some of which can last up to five years.

 

Other Australian Workplace Agreement survey results reveal:

 

* 64% did not retain leave loading

* 63% did not retain penalty rates

* 52% did not retain shift loadings

* 44% did not retain substitute public holidays

* 41% did not retain gazetted public holidays

* 27% removed public holiday pay.

 

Work Choices is changing Australia by ditching workplace values like the fair go.

 

Far from boosting the economy, there is no evidence that Work Choices is directly responsible for creating one new job. Collaboration and innovation have always been Australia's secret weapon in international competition and Mr Howard has throw that out in favour of conflict, complexity and unfairness.

 

"With companies reducing entitlements during economic boom times, it raises concerns about what would happen to people's workplace conditions if there is an economic slow down"

John Della Bosca

The Iemma Government will continue to do all it can to protect the entitlements of NSW families and that is why the Government is challenging the Commonwealth in the High Court.

 

Unlike the NSW Opposition, the Iemma Government is doing all it can to shield workers and their families from Work Choices.

 

The NSW Opposition leader, Peter Debnam, has vowed to hand over NSW families to the Work Choices system if elected next year. Mr Debnam will not stand up to Canberra.

 

We need this unfair system thrown out and a new system designed that reflects traditional Australian values like a fair go for all, an independent umpire and a genuine safety net for vulnerable workers and families.

     
         

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new workcover service to assist employers

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NSW Government providing more help for business

     
 

A new service to make it easier for employers when purchasing a workers compensation policy has been introduced by the NSW Government.

 

The changing nature of employment has meant some employers have faced difficulty in understanding who should be included under their workers compensation policy.

     
 

The new service has been designed to deliver consistent rulings and greater certainty for employers about the cost of their workers compensation premiums.

         
   

Employers can now contact WorkCover's new advice service for assistance, or use the interactive web-based self-assessment tool, to help them determine who is a genuine contractor and who is an employee for workers compensation purposes.

 

The NSW Government wants to ensure no business is subsidising its competitor and that everyone pays the correct premium - no more, no less.

 

In complex cases, the new service will allow employers to apply to WorkCover for a definitive and binding ruling to determine the status of a worker for premium calculation purposes.

 

The introduction of the service follows extensive consultation with employers and key stakeholder groups, who assisted in the development of the model.

 

These latest improvements are part of the NSW Government's ongoing program to reduce red tape, cut costs and to simplify doing business in NSW.

 

In just 12 months, the Iemma Government has reduced WorkCover premium rates by 20 per cent, increased benefits for injured workers and introduced a new incentive program to reduce the cost of employing apprentices.

 

For more information about the new service call the private rulings hotline on 1800 024 205 or visit the website http://www.workcover.nsw.gov.au

     
         

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commonwealth refuses to act on 457 visas

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undercutting australian values and undercutting the going rate

     
 

NSW Minister for Industrial Relations, John Della Bosca, entering the meeting of

Workplace Relations Ministers Council in Melbourne

     
 

 

The NSW Government has accused the Commonwealth of turning its back on the exploitation of overseas workers who were unaware of Australian wages and conditions.

 

At a recent meeting of Workplace Relations Ministers Council, the Commonwealth was also presented with evidence of 457 visas being used to lower wages for Australian workers.

 

Federal Minister for Workplace Relations, Kevin Andrews, heard concerns expressed by NSW, Queensland and Western Australia, but refused to take effective action to stop the rorting, with the Commonwealth pledging only to 'monitor' the issue.

 

At that meeting, the Iemma Government said the combination of 457 visas and Work Choices was being used to;

 

* lower wages

* exploit overseas workers who were unaware of Australian wages and conditions, and

* allow employers and the Commonwealth to escape any responsibility to train our workforce.

 

Most disturbing are the recent figures which show the number of temporary workers coming to Australia increased by 45 per cent in 2005/06.

 

People working in Australia should get Australian rates of pay and it's clear that 457 visas are being used just to undercut the going rate.

 

The combination of Work Choices and 457 visas is bad news for Australia and for the low-wage temporary staff brought here to do a job cheaply and then shipped home.

 

Before Work Choices, there were decent minimum standards that could be enforced.

 

Nurses on 457 visas employed by the NSW Government have pay and conditions supported by a state award, backed up by the powerful Industrial Relations Commission.

 

In contrast, workers who fall under the Commonwealth's defective Work Choices system have virtually no safety nets, no powerful independent umpire and no way of negotiating genuine Australian pay rates and conditions.

 

In NSW we have local labour willing to work and willing to learn and they should not be undercut by a Commonwealth Government allowing guest workers on low pay rates.

         
         

04_

amendments to state industrial laws and injured worker protections

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NSW Government providing greater safety for workers

     
 

Public consultation over amendments to State industrial relations laws, including greater protections for injured workers, has now closed with the new legislation to be in place before Christmas.

 

The NSW Industrial Relations Act that protected workers from being sacked if they were injured at work has been under threat from Mr Howard's unfair and complex industrial relations laws.

 

Under the changes being proposed by the Iemma Government, these protections would be transferred to workers compensation legislation so Work Choices could not override them.

 

Under Work Choices, there's nothing stopping an unscrupulous employer from sacking a worker who's injured on the job, leaving them on the scrap heap.

 

In NSW alone, there are about 49,000 employment-related injuries every year - without these changes many vulnerable workers are under the real threat of losing their job.

 

To view a copy of the NSW Government's draft bill, go to www.fairgo.nsw.gov.au.

 

Other amendments to the Industrial Relations Act include:

 

* Protecting employees against victimisation or dismissal for raising legitimate occupational health and safety issues at work

 

* Strengthening the powers of the NSW Industrial Relations Commission to jointly sit with other State and Territory commissions to hear industrial cases of national importance  taking over the roles and functions stripped from the Australian Industrial Relations Commission by the Howard Government

 

* Authorising the NSW Industrial Relations Commission to provide alternate dispute resolution services to parties caught under Work Choices if the parties nominate it to do so.

 

 
   
         

05_

new code to ensure safe working near powerlines

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The NSW Government has released a new Code of Practice to reduce the health and safety risks associated with work carried out near overhead power lines

     
 

The new WorkCover 'Code of Practice: Work Near Overhead Power Lines' will improve safety for all work carried out in such areas with potential safety risks.

 

This includes crane operation, mobile plant and equipment, scaffolding, tree and vegetation management, and farming.

 

Since 2000, nine workers have been electrocuted after coming into contact with overhead power lines.

 

The code replaces an existing industry guideline, and provides employers, self-employed people, workers and contractors with a practical guide on how to identify, assess and eliminate the hazards related to this type of work.

 

 

The Occupational Health and Safety Regulation 2001 requires employers to ensure that workers and their plant, tools, equipment or materials do not come into close proximity with overhead power lines.

 

The only exceptions are when a written risk assessment and safe system of work have been prepared, and when the work is carried out in accordance with the requirements of the relevant electricity supply authority.

 

The code specifies the distances for people, cranes, vehicles and mobile plant when working near overhead power lines.

 

The new code is a major step forward in ensuring safer conditions for all workers involved in tasks that may require them to be in the vicinity of powerlines. 

 

The new code can be downloaded at www.workcover.nsw.gov.au

 

06_

nsw labour day - more relevant than ever

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The need for workplace protections and balancing work and family - more important than ever

     
 

This year's Labour Day was a good time to reflect how important workplace protections are to the Australian lifestyle and to think about how seriously under threat they are in 2006 from Peter Debnam and John Howard 'in lockstep' on Work Choices.

 

Labour Day has been a public holiday since 1885, when it was called the Eight Hour Day.

 

Eight hours to work, eight hours to play and eight hours to sleep was the rallying cry.

     
 

The balance between work and family is now badly tilted for many hard-working families as a result of the Liberals' Work Choices system

         
 

The threat of instant dismissal and the scrapping of protection for overtime and weekend penalty rates is forcing Australians to work longer for less.

 

The Iemma Government is standing up to Canberra and defending these historic protections in the High Court.

 

Work Choices means we are now seeing entire workforces imported into Australia working for less than Australian rates of pay and conditions.

 

Australian companies, using and training Australian workers and paying Australian rates of pay, are struggling to compete against companies encouraged by the Howard Government's policies to exploit visiting workers.

 

The Iemma Government has called on the Commonwealth to scrap Work Choices and start again on an Australian industrial relations system based on Australian values.

 

The Iemma Government is taking up the battle on behalf of working families, because their wages and conditions are under attack from Work Choices.

 

Labour Day is a good time to reflect how important it is to have workplace protections and to consider how seriously under threat they are from the extreme elements of the Liberal Party in Canberra and Macquarie Street.

 

Minister for Industrial Relations

John Della Bosca

     
         

Publisher Information

JOHN DELLA BOSCA MLC
Level 30, GMT, 1 FARRER PLACE, SYDNEY
TELEPHONE 02 9228 4777 FACSIMILE 02 9228 4392

office@smos.nsw.gov.au

Copyright 2006. Reproduction prohibited.
 

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