ISSUE No.7_August 2006

_CONTENTS

01_

pay rises to flow to workers under nsw state awards

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  a fair go for all in the NSW State system      
 

The NSW Government has highlighted the inequity of Work Choices following the successful application by thousands of workers under NSW State Awards to get an extra $20 a week in their next pay.

 

Workers in a range of industries including the retail, club employees, electricians, cleaners, home care workers, parking attendants and fitness centre workers were successful with their applications which were made possible as a result of last month's NSW State Wage Case decision.

 

Unfortunately, tens of thousands of workers who were previously covered by NSW awards in these professions but have been forced to work under the new Work Choices regime, have missed out.

         
 

"These workers are now at the mercy of the Howard Government's Fair Pay Commission which will decide if they deserve any increase in their minimum wage."

John Della Bosca

     
 

Workers shouldn't hold their breath though as the Commission will not make a decision until much later this year.

 

And there is no certainty they will get a fair outcome as fairness no longer has to be considered under the Commission's statutory requirements.

 

Their chances of fairness are very remote considering the Federal Minister for Workplace Relations has claimed minimum wages in Australia are $70 a week too high and has publicly criticised the $20 increase for NSW workers.

 

Also, Professor Ian Harper, the Howard Government's appointment to head the Commission has confirmed that under Work Choices minimum wage rises may not flow through to the different awards and that real wages could fall.

 

This is the real evidence that these unfair laws are going to bite even harder and the basic living standards of workers are going to be stripped away.

 

That is why we need the unfair Work Choices system thrown out and replaced with a system that reflects traditional Australian values like a fair go for all, an independent umpire and a genuine safety net for vulnerable workers and their families.

 

     

02_

a vital new safety initiative for business

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A new WorkCover kit and on-line assessment tool to help small and medium businesses improve safety, has been launched by the NSW Government.

   

 

 

 

 

 

The 'Serious About Safe Business' program, launched at Erina on the Central Coast, provides businesses with practical steps to put in place simple safety systems.

   
 
 

 

Launch of the 'Serious About Safe Business' program at kitchen maker 'Les Martin Kitchens' on the NSW Central Coast

 

 

A major innovation of the program is that it allows employers to assess their own safety systems, make any necessary improvements, and be recognised for their achievements by WorkCover.

 

The new program is the latest initiative in the NSW Government's continuing drive to assist and advise small and medium sized businesses.

 

WorkCover's Business Assistance Unit conducts free workshops and seminars across NSW each week, taking accurate and free workplace safety information direct to the regions and to individual workplaces through its new safety bus.

 

Small businesses can ask for help from WorkCover either through a free one-on-one session with a Business Advisory Officer or through attending one of the many free workshops held throughout the State.

 

Copies of the safety kit are available from WorkCover on 13 10 50.

 

The online assessment tool and details of upcoming workshops can be found at  www.workcover.nsw.gov.au

 
           

Workplace injuries are at their lowest levels in 18 years in NSW and coupled with the Government's success in reforming the WorkCover scheme, workers compensation premiums have been reduced by 15 per cent in just ten months.

 
         
         

03_

Agreed principles on safety must not be watered down under work choices

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nsw will not compromise on vital safety protections

     
 

The Iemma Government has today called on the Commonwealth to uphold Australia's workplace safety protections and not water them down under a Work Choices style attack.

 

The NSW Government said it is extremely concerned that the Howard Government is reneging on its commitment not to reduce these vital protections.

 

The Council Of Australian Governments, COAG, agreed there be no reduction in safety standards, and the work of the Australian Safety and Compensation Council (ASCC) was supposed to be subject to that principle.

 

An ASCC meeting in Melbourne has now claimed this principle is only meant to be a guide.

 

The NSW Government does not accept such a fundamental principle can be compromised and the Government will not stand by as the Commonwealth subtly reduces safety standards.

 

NSW will work with the Commonwealth to harmonise safety laws only on the basis that existing protections are not compromised.

 

At every meeting of the ASCC, the Commonwealth has tried to water down these agreed principles or attempted to remove them completely.

 

NSW will participate at future meetings only on the basis the ASCC works within the agreed principles - not as a guideline - but as the very basis of any discussions.

 

NSW has Australia's leading occupational health and safety regime and the lowest incidence of workplace injury in 18 years and we are not about to give that away.

 

 
 

 

 

 

 

 

The Four Principles

 

* The use of a tripartite approach, where the concerns and suggestions of the states, unions and employer groups are properly considered;

 

* Observance of COAG's directive that there is no reduction in safety standards or current levels of support for injured workers;

 

* A considered analysis of the implications for compliance efforts required by employers, and regulators to ensure any increased consistency extends to enforcement of standards; and,

 

* Proper consideration be given to the resource implications for employers, and also regulators involved in administering any increase in uniform laws.

 

Workplace Relations Ministerial Council 19 May 2006

 

 
 
         

04_

NSW submission to senate inquiry into independent contractors bill

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young workers to become vulnerable

     
 

A Senate Inquiry in Canberra has extracted several revealing admissions from the Federal Department of Workplace Relations (DEWR) which has forced the Howard Government to come clean about the real threat to workers' rights and conditions posed by its new Independent Contractors Bill.

 

DEWR has let the cat out of the bag, admitting that the real aim of this Bill is to further strip workers of conditions and entitlements.

 

Under direct questioning, federal bureaucrats had no choice but to concede a number of unpalatable truths.

 

They admitted that under the proposed legislation:

 

* Workers as young as thirteen or fourteen years of age could be forced to become contractors, with or without the consent of a parent or guardian.

 

* Workers could be forced to accept less than the federal minimum wage and that contracts would not have to meet the Work Choices Fair Pay and Conditions Standards.

 

* There would be no mechanism in the legislation to redress pay inequality in female dominated industries.

 

* They had no conclusive answer on whether rejecting an offer to independently contract would be treated the same as rejecting a job offer.

 

 

 

 

 

In NSW we are starting to get a clearer picture of what is in store for hard-working Australian families.

 

Contracting is a completely legitimate way to do business and earn a living, but it must not be used to undermine job security and transfer risk to the worker.

 

In the absence of any terms of reference for the Senate Inquiry looking into the Independent Contractors Bill, the NSW Government has made a submission arguing that contracting arrangements must be entered into freely, without duress and with full understanding on both sides.

 

The NSW Government endorses the view that independent contractors should not be subjected to excessive regulation, but this Bill doesn't achieve that.

 

The NSW Government encourages anyone adversely affected by Work Choices to have their say by visiting the NSW Government's Fair Go website at www.fairgo.nsw.gov.au or calling the Fair Go Hotline on

131 628.

 
         

05_

business struggles to come to grips with new federal industrial laws

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The introduction of the Howard Government's complex Work Choices legislation is proving to be a massive burden for small business operators who are struggling with the new requirements and additional administrative costs.

 

Some of the findings contained in a recent MYOB Small Business Survey special focus report included:

 

40 per cent of those surveyed had a poor understanding of the legislation

 

40 per cent of small businesses believe the legislation is unfair to employees

 

only 9 per cent said they were planning to use the legislation

 
     
 

Unlike the complex Federal legislation, the NSW industrial relations system is simple and easy to understand and based on a culture of co-operation and education.

     
 

Unfortunately with the introduction of Work Choices, many businesses are having to invest in expensive payroll systems to help them record onerous details about each of their employees to ensure they are meeting the new laws.

 

They are also spending more of their own time negotiating with staff over pay and entitlements.

 

In NSW, the Office of Industrial Relations runs workshops that will give businesses the information and skills they need to build more productive workplaces and help create a healthier economy.

 

These workshops provide information on staff recruitment and on general workplace issues.

 

To register for the workshops, call the NSW Office of Industrial Relations on 9020 4612 or visit www.industrialrelations.nsw.gov.au and go to "Seminars and Workshops".

         
         

06_

workchoices hurts private sector nurses

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NSW shields frontline public sector workers against workchoices

     
       
 

 

The NSW Government is warning nurses in regional NSW about a misleading letter on the impacts of the Howard Government's unfair Work Choices regime.

 

The NSW Government has advised nurses about a letter sent to the NSW Nurses Association which denies nurses will lose award conditions under the new laws.

 

While the Iemma Government has passed laws to protect frontline public sector workers, the fact remains that many thousands of nurses working in the private health sector will still be deeply affected by Workchoices.

 

Nurses working in aged care centres, private hospitals and other non-government facilities cannot be shielded from Work Choices.

 

Many are already being confronted with Australian Workplace Agreements that strip away basic award conditions and many more are now without protection from unfair dismissal.

 

 

 

 

 

 

 

 

 

Personal stories of health care workers affected by WorkChoices

 

* Anne Woodward, a nurse unit manager at the Australian Defence Force's Kapooka Health Centre near Wagga Wagga, sacked for voicing concerns about life-threatening delays. In May, she was given an hour to clear her desk by her 'employer', a private nursing contractor called RED Alliance. As the contractor had less than 100 employees, Anne had no access to unfair dismissal protection as a result of Work Choices.

     
 

Private sector nurses deserve the real protection of the fair and proven NSW Industrial Relations system.

 

The Australian Defence Force have said they bear no responsibility for the sacking and refuse to act. 

 

* Five nurses working for Niola Nursing Home in Parkes, who were made redundant on June 14 after the nursing home told them they must take a pay cut or lose their jobs.

 
 
 

The NSW Government will take whatever action it can to protect workers who will all suffer if the Work Choices legislation is allowed to continue.

 

That is why we have spearheaded a High Court challenge against these laws.

 
     

07_

workcover fraud investigation taskforce doing its job

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protecting the scheme and assisting injured workers

     
 

An extensive six-month investigation by a specially formed WorkCover taskforce has led to the appearance of a  53 year old in a Sydney Court this week, charged with workers compensation fraud.

 

The investigation, which involved close liaison with NSW Police and other State and Federal agencies, represents one of the largest fraud cases uncovered by WorkCover.

 

WorkCover's Chief Executive Officer, Jon Blackwell said it is alleged that that the man dishonestly obtained workers' compensation benefits by deceptive means involving claims totalling in excess of $360,000.

 

"The workers' compensation scheme is there to assist injured workers and  WorkCover is committed to protecting the integrity of the system for the benefit of injured workers and the state's employers," said Mr Blackwell.

 

WorkCover has boosted its fraud investigation resources considerably over the past twelve months.

 

WorkCover now has 27 specialist full-time staff devoted to combating fraud and ensuring premium compliance.

 

Mr Blackwell said that those cheating the system now have a stronger chance than ever of getting caught, face on-the-spot fines or being dealt with by the courts.

 

The latest case is one of many matters involving workers compensation fraud currently before the Courts in NSW.

 

Recent examples of successful prosecutions against those cheating the system include:

 

* A Sydney woman convicted in March 2006 of eight charges of workers compensation fraud was ordered to repay $37,818 restitution along with $9,000 in court costs.

 

* A Central Coast man was convicted of fraudulently obtaining $25,000 for weekly compensation payments. He was sentenced to the maximum 400 hours of community service and ordered to pay court costs.

 

* A physiotherapist was convicted of making false and misleading statements regarding services not provided.  His six month imprisonment was suspended subject to him being of good behaviour for six months. He remade restitution of $17,000 and was ordered to pay $5,000 in court costs.

 

WorkCover encourages any person who becomes aware of any suspected fraud within the workers' compensation system to notify WorkCover on 4321 5755.

     
         
 

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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