Impact Of New Industrial Relation Laws

Impact of the Industrial Relations Reform

Summary

* Remove protection from unfair dismissal for millions of workers.

* Make it easier for employers to push workers onto individual contracts that undercut take home pay and employment conditions.

* Strip back award conditions.

* Make it easier for employers to cut penalty rates, overtime pay, holiday loadings, public holidays, redundancy pay and work allowances.

* Make many ordinary union activities illegal.

* Reduce the power of the Industrial Relations Commission.

* Change the way minimum wages are set to make them lower.

1. Unfair dismissal

* Workers employed by businesses with fewer than 100 staff lose the right to unfair dismissal protection. This means employees are no longer allowed to seek reinstatement or compensation if they are sacked because of harsh, unreasonable or unjust treatment.

* People employed by companies with more than 100 staff keep right to claim unfair dismissal, but workers in large companies are not safe either. Employees will not be regarded as unfairly dismissed if employers state their sacking was for "operational reasons."

* All employees keep right to claim unlawful dismissal, if they are sacked on the basis of discriminatory grounds such as race, religion, gender, pregnancy and union or political affiliation. However, these claims have to be fought in court with costs for the employee nearing $30,000.

2. New workplace agreements:

Under the new laws any new workplace agreement will only have to include five basic conditions:

* a minimum wage - currently $12.75 per hour (less for workers under 21)

* annual leave of 4 weeks per year - 2 weeks of which can be 'cashed out'

* sick/carers' leave of 10 days per annum

* a 38 hour working week - which can be averaged out to avoid the payment of overtime

* unpaid parental leave of 52 weeks

The Federal Government has said that anything in excess of these minimum conditions is now up for grabs.That means many of the conditions which are now included in your award or enterprise agreement are no longer guaranteed including:

* rostered days off

* payment for public holidays

* annual leave loading

* overtime payments

* penalty rates for shift and weekend work

* meal, travel, clothing, tool, higher duties and other allowances

* paid maternity leave

* part-time loadings

* existing casual loadings

* redundancy pay

In any new workplace agreement workers will have to negotiate with their employer to try and ensure their conditions are not cutback.

3. Individual contracts:

The new laws significantly increase the power of employers to put workers onto AWAs (negotiated between an employer and each individual worker) and make it harder for employees to collectively bargain.

Under the new laws AWA individual contracts:

* can be offered as a condition of employment - if you can be refused the job

* can be offered by employers at any time regardless of collective or enterprise agreement is already operating

* can contain pay and conditions that are less than what same job in the same workplace receive

* can pay less than any existing enterprise agreement in

* can contain pay and conditions which are lower than

* need only contain five minimum conditions (listed on

* can remain in force for up to five years

* will