Ben Schneiders
February 20, 2012


UNIONS are pushing to make it easier for workers to claim unfair dismissal and for a more activist role for the workplace tribunal in settling industrial disputes.

As part of its submission to the Gillard government's Fair Work Act review, the ACTU wants to make workers in small businesses, defined as fewer than 15 staff, have the same dismissal rights as those in larger businesses.   

Currently, workers in small businesses have a longer qualifying period before they can claim unfair dismissal and can be also more easily dismissed.   


Labor's unfair dismissal laws have led to a doubling in claims since the final year of the Howard government's WorkChoices that made businesses with 100 or fewer staff exempt from claims.

Unions are also pushing for a raft of changes that would make it easier to take industrial action and to ensure that they are able to bargain over a wide range of issues, including job security. The ACTU submission said that should also include economic and social issues directly affecting workers.

Employer groups are pushing in the other direction, and in its submission to the review the Australian Chamber of Commerce and Industry wanted it to be made unlawful for unions to take industrial action over job security, the key issue in the high-profile Qantas dispute.

ACTU secretary Jeff Lawrence said the tribunal should have greater powers and be able to settle disputes where employers were frustrating bargaining. Unions should be able to bargain with employers to expand the right of entry definition in the laws, he said.   

Mr Lawrence said the ACTU's proposed changes worked within the framework of the act and accused employers of running a misleading campaign against the laws. He said the Fair Work system had been good for the economy.

''It's a picture of jobs being created, inflation is still low, there hasn't been a wages breakout … profits are still at an all-time high but employers want to continue to frustrate collective bargaining.''   

The ACTU has also released a survey of more than 2000 people that showed 57 per cent believe any new workplace laws should give employees more reliable work.

About one in seven respondents said new laws should give business more flexibility in employing people.

Mr Lawrence said there was ''no public mood'' to give more power to employers. He said productivity growth, which has flagged for much of the past decade, would not be boosted by cutting pay and conditions.    

Workplace relations minister Bill Shorten announced the review last December and described the Fair Work system as ''robust''. He said any changes to the laws would need to be based on evidence.

The terms of reference for the review include how the laws work in resolving disputes, the role of collective bargaining and the powers of Fair Work Australia.


Read more: http://www.theage.com.au/opinion/political-news/union-push-for-fairer-fair-work-20120219-1th87.html#ixzz1mrJhAje4

I wonder if it could be said, that employers also want more power.   

Armchair_Politician wrote on Feb 20^th, 2012 at 6:12am:




dont you think its unions worrying about their necks than anyone elses....

I would imagine those who work in a small business are less likely to join a union

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no one will be surprised by that comment..lol..

I can see our future country full of union reps... no workers just union reps running round wanting to be in control of everyone..they will probably be down at centrelink on pay day collecting dues for just being able to collect the dole.. I am sure thats because of the hardworking unions..

I just wonder if you and rusty are related

you are so for sending any business to the wall.. that you dont approve of...

imagine a little business 15 employees and they all walk out the union has told them to down tools....they may as well close the doors...

and as for keeping on an employee the laziest mug alive...because some tossed up bloody union has the hide to tell them whats fair and whats not... NO THANK YOU>

how about telling unions to mind their own business..

Said it before, and I will say it again.  Not that it will do any good for some to understand.  People have every right to belong to a union, and every right for that union to represent them.   

Yes and that means your on your own.  So if anything goes wrong, don't expect the union to help you then.  Fair enough?.   

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Never needed or been in  a union in my life.

On the job application form at two places I worked had a question......'are you a member of a union'?

Guess what crook.............if you answered YES you didn't get the job.

They were well run happy work places.

BTW crook anyone can go to Fair Work with a complaint. You don't have to belong to a union to do that.