Australian Workplace Agreements

Work choice means No Choice

By David Carey
Federal Secretary (SPSF Group) - CPSU Joint National Secretary

State Public Service unions, and individual union members, will now be able to be fined for industrial action under the new so-called "WorkChoice" laws, announced by the Howard Government yesterday (October 9).

"Even if a State Government keeps their State Industrial Systems, the Federal Government's new laws will still be able to impose orders on, or fine, State unions for breaching orders of the Federal Commission, the AIRC." said David Carey Federal Secretary of the State Public Services Federation.

The State Public Services Federation has pointed to a new, and so far secret, provision in the Federal Government's new workplace laws.

Mr Carey said, "Many employees of State corporations will be transferred to the Federal I R System by the new laws. That is not news to anybody. We knew already that they would go to the Federal system and that if they had less than a hundred employees they would lose unfair dismissal rights.

"But now this will not be the end of it. Now the rest of State Public Servants will be caught by the Federal IR system if they undertake industrial action."

Any " corporation " can now ask the AIRC for orders against the State union, or fines against State unions, for industrial action or bans, even if the action was legal under the State Industrial Law.

Another company only has to claim to the Federal commission it has suffered a "substantial adverse effect" because of the State union industrial action or ban.

Mr Carey said, "You could drive a truck through that definition. What is "substantial", what is "adverse" and what constitutes an" effect" on the corporation" ?

"The fines are now up to $33,000 and the Government has said that it will "review" these fines. These fines and penalties are not going to go down. We cannot imagine that the government will cut these fines."

The 120,000 member State Public Services Federation is the union for all State public servants throughout Australia.

© 2001 Community & Public Sector Union - State Public Services Federation (CPSU-SPSF) - National Office

http://www.cpsu-spsf.asn.au/latest_news/general/20051010_choice.html
Last Modified: 15 Nov 2005