It represents the some of the most draconian industrial provisions the country has seen in the past one hundred years. While there is no doubt that many workers will be far worse off, much of the legislation is aimed at destroying the ability of trade unions to effectively represent members in workplace disputes.

Unions face fines of up to $33 000 for a range of breaches, while individuals may be personally liable for up to $6 600. Extreme controls are placed around “prohibited content” in workplace agreements or enterprise bargaining schemes and “objectionable matters” in awards. Under these proposals, merely asking for any one of a range of provisions to be included in a bargaining agreement will incur penalties.

These matters include:

• Seeking union involvement in dispute resolution;
• Protection from unfair dismissal;
• Asking an employer to commit to future collective bargaining;
• Leave to attend union training, dispute resolution training, or union picnic days;
• Seeking to include changes to employment conditions as allowable matters;
• Maximum or minimum hours of work for part-time employees;
• Restrictions on the range or duration of training arrangements;
• Any other matter the Minister deems “objectionable”.

A worker asking for any of these to be included in their agreement could be fined. A union advising a worker to seek these provisions will also face fines.

Unions also face tight restrictions on right of entry conditions at workplaces. Union access will be denied to workplaces where there are no members of the union employed.

Inspections can only take place when a union member at a workplace has requested a union visit. Officials must give 24 hours notice to an employer of intention to visit and intention to inspect records of employment and wages.

Union officials may only speak to members of their organisation; they may not speak to any other employees. Workplaces where all employees are on Australian Workplace Agreement’s will be off-limits to unions.

The legislation includes means for the Minister to effectively ban industrial action deemed to adversely affect an employer or which threatens to the endanger lives, safety and welfare of the population or “cause significant damage to the Australian economy or an important part of it”.

Industrial action undertaken in support of any provisions deemed to be “prohibited” or “objectionable” will also be made illegal and punishable by massive fines for individuals and unions.

Workers in the building industry face up to six moths imprisonment for refusing to provide information, either in face-to-face interviews, or via documents or by failing to answer questions that may incriminate themselves. Anyone revealing the identity of anyone who is a party to an AWA could face six months in jail.

The laws make it increasingly difficult for workers to bargain collectively and hand over power to employers to impose conditions via Australian Workplace Agreements. The affect of the legislation is to force more workers into individual contracts where their employers dictate terms.

This legislation marks a return to a distant era of the Australian industrial landscape and harks back to some of the draconian rules of the 19th Century.

They are dangerous. Australia’s proud democratic systems have been built up over past 200 years and have largely grown out of the struggle of working people for fairness and representation. Tearing up this country’s social charter is not the most sensible way of launching us into the 21st Century. It is however an effective means of attempting to silence the growing chorus of dissent this government faces. It is a policy doomed to fail.

John Kelly

VTHC Website Coordinator