HistoryHistory

Australia has had a system for 100 yearsAustralia has had a system for 100 years It has respected the choice of employees It has respected the choice of employees

of collective representationof collective representation Unions were recognised as the agents of Unions were recognised as the agents of

employees for “bargaining” and by the employees for “bargaining” and by the institutions like the Commission for institutions like the Commission for Conciliation and ArbitrationConciliation and Arbitration

Australian context…Australian context… WorkChoices is perhaps now the WorkChoices is perhaps now the

most radical departuremost radical departure Attacks by conservative Govt. have Attacks by conservative Govt. have

been on specific issues that arose been on specific issues that arose were met by specific legislative were met by specific legislative responses responses – Limits on unfair dismissals, Limits on unfair dismissals,

allowable matters, etcallowable matters, etc– over last 12 yearsover last 12 years

The basics of the Law were not The basics of the Law were not changedchanged

What was our system?What was our system? Unions were recognisedUnions were recognised Members had rights to representation by their Members had rights to representation by their

unionunion Unions could get Awards for every worker in a Unions could get Awards for every worker in a

industryindustry Unions could make Agreements for all on pay and Unions could make Agreements for all on pay and

conditionsconditions

Industrial action was legal to support claimsIndustrial action was legal to support claims

An independent Court could hear cases and make An independent Court could hear cases and make local, or national industrial decisionslocal, or national industrial decisions

Anybody could run an “unfair dismissal “ case Anybody could run an “unfair dismissal “ case

There are international conventionsThere are international conventions

The right to freely associateThe right to freely associate The right to collective bargainThe right to collective bargain Not just to engage in collective bargaining Not just to engage in collective bargaining

but the law should but the law should promotepromote collective collective bargainingbargaining

Yet now… Australian laws have no Yet now… Australian laws have no mechanism to make sure employers mechanism to make sure employers respect the desire of their workforce to be respect the desire of their workforce to be represented in bargaining towards a represented in bargaining towards a collective agreement.collective agreement.

International conventionsInternational conventions

No 87 protects the rights of workers No 87 protects the rights of workers to establish organisations to to establish organisations to represent their industrial interests.represent their industrial interests.

The right to organiseThe right to organise The right of workers to act in concert The right of workers to act in concert

to protect their intereststo protect their interests The right that the union be The right that the union be

recognised by employersrecognised by employers

Australia’s ratificationAustralia’s ratification

Australia has ratified the ILO Australia has ratified the ILO Conventions 87 and 98 in 1973 Conventions 87 and 98 in 1973

Yet Australia has never included an Yet Australia has never included an effective obligation on the industrial effective obligation on the industrial parties to bargain collectivelyparties to bargain collectively

Australia was active supporterAustralia was active supporter

These rights are rights we as a These rights are rights we as a country have supportedcountry have supported

They are rights we have propoundedThey are rights we have propounded They are recognised as fundamental They are recognised as fundamental

human rightshuman rights They underpin the core labour They underpin the core labour

standardsstandards

Australian law now: some Australian law now: some details…details…

Now its all changed. Now its all changed. New law called New law called WorkChoices. March 27 2006WorkChoices. March 27 2006 The new law puts individual contracts above all The new law puts individual contracts above all

other employment arrangements.other employment arrangements. The new law calls these contracts The new law calls these contracts Australian Australian

Workplace AgreementsWorkplace Agreements (A W A) (A W A) Collective arrangements are allowed, but they are Collective arrangements are allowed, but they are

worthless in the face of AWA’s worthless in the face of AWA’s Employment generally now is on a take it or leave Employment generally now is on a take it or leave

it basisit basis Employment is unilaterally determined by Employment is unilaterally determined by

employeremployer

Australian legal frameworkAustralian legal framework

Yet now… Australian laws have no Yet now… Australian laws have no mechanism to make sure employers mechanism to make sure employers respect the desire of their workforce to be respect the desire of their workforce to be represented in bargaining towards a represented in bargaining towards a collective agreement.collective agreement.

This is the radical nature of this lawThis is the radical nature of this law

What is the democratic right worth as it is What is the democratic right worth as it is especially undermined by the lawespecially undermined by the law

Current laws…Current laws… Employees may still choose Employees may still choose

collective representation and seek a collective representation and seek a collective agreementcollective agreement

But even if you make the choice – it But even if you make the choice – it is able to be trashed by unilateral is able to be trashed by unilateral employer actionemployer action

Or holding a job, or getting a Or holding a job, or getting a promotion, can now be conditional promotion, can now be conditional on taking an AWAon taking an AWA

What is the point of your choice? What is the point of your choice?

WorkChoices draconian..WorkChoices draconian..

““Unfair Dismissal” rights and Unfair Dismissal” rights and reinstatement - all but abolishedreinstatement - all but abolished

Massive fines for Unions and workers Massive fines for Unions and workers for asking for “prohibited content”for asking for “prohibited content”

If you If you askask for your agreement to have for your agreement to have a day off for union OHS training, you a day off for union OHS training, you can be finedcan be fined

Building workers now have secret Building workers now have secret interrogations, fines and jail for interrogations, fines and jail for suspected breaches of the lawsuspected breaches of the law

Australia the “Serial offender”Australia the “Serial offender” The WRA and other Acts, have been the The WRA and other Acts, have been the

subject of adverse comments in relation to subject of adverse comments in relation to breaches of Convention 98breaches of Convention 98

Failing to promote collective bargaining Failing to promote collective bargaining and favouring individual bargaining over and favouring individual bargaining over collective bargainingcollective bargaining

Permitting an employer to select with Permitting an employer to select with whom it bargainswhom it bargains

Favouring workplace level bargaining over Favouring workplace level bargaining over other forms of bargainingother forms of bargaining

Restricting the subject matter of Restricting the subject matter of agreementsagreements

The ReactionThe Reaction

Australian unions are as unified as never Australian unions are as unified as never before. Campaign planning is systematicbefore. Campaign planning is systematic

Campaign has been the biggest in Campaign has been the biggest in memory. Massive demonstrations.memory. Massive demonstrations.

Public opinion has swung against the lawsPublic opinion has swung against the laws Unions are getting community supportUnions are getting community support New methods being tried. TV, Radio, New methods being tried. TV, Radio,

polling, targetted seat organisers.polling, targetted seat organisers. Unions now talking successfully to new Unions now talking successfully to new

“demographic”, Churches charities..etc.“demographic”, Churches charities..etc.

The politics The politics

Unions have decided to use a Unions have decided to use a political strategypolitical strategy

the campaign is not about Us - the the campaign is not about Us - the UnionsUnions

the campaign is about the Rights of the campaign is about the Rights of any workerany worker

the campaign is about …the campaign is about … ““Your Rights at Work”Your Rights at Work”

…….politics.politics Public DemonstrationsPublic Demonstrations Education on the MessageEducation on the Message Holding the government to accountHolding the government to account daily stories on the attacks on daily stories on the attacks on

workers rightsworkers rights people who have been dismisssedpeople who have been dismisssed people who have had their pay cut people who have had their pay cut

overnightovernight people have been refused union people have been refused union

rightsrights

New Strategy needs New New Strategy needs New tactics tactics

We have had to set up new We have had to set up new structuresstructures

we have set up local union campaign we have set up local union campaign committiescommitties

We have trained delegates and We have trained delegates and members on the issuesmembers on the issues

We have delegates working with We have delegates working with community groups, churches ...community groups, churches ...

More resources...More resources...

Unions have set up their own Unions have set up their own “targetted” seats campaign“targetted” seats campaign

employed special organisers in each employed special organisers in each seatseat

working to change peoples votesworking to change peoples votes we need to have 6% swing in all we need to have 6% swing in all

seatsseats

We are working on a We are working on a replacement model…replacement model…

No statutory individual contracts, and the No statutory individual contracts, and the abolition of AWAs.abolition of AWAs.

An independent Tribunal to maintain and An independent Tribunal to maintain and improve the safety net, to oversee the improve the safety net, to oversee the bargaining system and to guarantee fair bargaining system and to guarantee fair treatment in the workplace.treatment in the workplace.

Rights of union membership and Rights of union membership and representation. The law retain the representation. The law retain the registration and eligibility rules, and registration and eligibility rules, and legislation should uphold the role of unions legislation should uphold the role of unions in a free and democratic society.in a free and democratic society.

The model…The model…

Protection from arbitrary or capricious Protection from arbitrary or capricious decision-making, and workers to have decision-making, and workers to have their grievances heard and determined.their grievances heard and determined.

Support for delegates in the workplace.Support for delegates in the workplace. That rights and entitlements apply to all That rights and entitlements apply to all

workers without discrimination, and that workers without discrimination, and that discourages artificial arrangements to discourages artificial arrangements to exclude workers from the protections of exclude workers from the protections of the system.the system.

More detail for a model law…More detail for a model law…

Provide that union membership Provide that union membership should confer representational rights.should confer representational rights.

Union members should have the Union members should have the right to collective bargaining, and a right to collective bargaining, and a general right to representation in general right to representation in discussions with their employer discussions with their employer around matters such as grievances, around matters such as grievances, discipline, enforcement of their terms discipline, enforcement of their terms of employment.of employment.

What would a new Act look like…What would a new Act look like…

The Act should encourage good faith The Act should encourage good faith bargainingbargaining

The making of a claim to bargain The making of a claim to bargain should be open to workers , unions or should be open to workers , unions or employers.employers.

Voluntary bargaining, including Voluntary bargaining, including industrial action , should be available industrial action , should be available without recourse to the commissionwithout recourse to the commission

What a new Act would look like …What a new Act would look like …

Where a party is not bargaining in Where a party is not bargaining in good faith , the commission should good faith , the commission should be able to make “good faith be able to make “good faith bargaining orders”bargaining orders”

Where a party opposes the making of Where a party opposes the making of a collective agreement, the views of a collective agreement, the views of the majority of workers to be covered the majority of workers to be covered by the agreement shall determine by the agreement shall determine the issue.the issue.

Where to from hereWhere to from here

ACTU Congress in OctoberACTU Congress in October Policy to be debated in the Policy to be debated in the

meantimemeantime The policy will be full policy, not just The policy will be full policy, not just

Bargaining systemBargaining system

Can, or why, should SPOCTU Can, or why, should SPOCTU help?help?

Australian Govt. has big influence in Australian Govt. has big influence in OceaniaOceania

RAMSI, ECP PNG, etcRAMSI, ECP PNG, etc Australian officials are pushing Aust. Govt. Australian officials are pushing Aust. Govt.

policy in the region as condition of aidpolicy in the region as condition of aid These policies will flow if local unions are These policies will flow if local unions are

not vigilant.not vigilant. Oppose these policies being adopted by Oppose these policies being adopted by

your Govt.your Govt.

Just a few things to do…?Just a few things to do…?

Join our Demonstrations on 30 NovemberJoin our Demonstrations on 30 November Get in touch with the ACTUGet in touch with the ACTU Hold a demonstration outside the Aust. Hold a demonstration outside the Aust.

Embassy or High CommissionEmbassy or High Commission Write to the Aust Govt. tell them you will Write to the Aust Govt. tell them you will

oppose these policies in your country if oppose these policies in your country if Australia tries to enforce themAustralia tries to enforce them

Get “your Rights at Work “ material Get “your Rights at Work “ material distribute to your membersdistribute to your members