New bill to end the AWA's
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New bill to end the AWA's
http://news.ninemsn.com.au/article.aspx?id=300253AWA
bill in parliament in 2008: Gillard
Sunday Dec 2 12:05 AEDT
One of the first acts of the new Labor government next year will be to introduce legislation ending Australian Workplace Agreements (AWAs) but unfair dismissal laws will remain unchanged until perhaps mid-year.
Deputy Prime Minister Julia Gillard said a transition bill would go to cabinet before Christmas and be presented to the opening of parliament next year, ending the ability of employers to make AWAs.
But she conceded a second substantial piece of legislation reinstating unfair dismissal laws, delivering on the rest of Labor's election promise, would take longer.
"We will get that into the parliament as soon as it can be done. Obviously we want to draft it in a consultative way including having an exposure draft so that will take a number of months," she told Network Ten on Sunday.
"People should anticipate seeing that in the parliament in the first half of next year."
Ms Gillard, whose portfolios include minister for employment and workplace relations, said Labor could not undo all of the harm of Work Choices overnight.
"We need to legislate for change. We want to legislate in a careful and measured way," she said
"We want to get the legislation right. The last thing we want to do with the substantial piece of legislation is do what the Howard government did with Work Choices, which is draft it poorly and amend it again and again and again.
"We want to get it right first time and take the time necessary to do that. But from that piece of legislation on, Work Choices will be over."
New Opposition Leader Brendan Nelson warned last week the coalition would not simply roll over on Work Choices.
"We will not support legislation or policy which undermines the employment prospects of everyday Australians," he said. "It is extremely important that we have and we support an environment that continues to see jobs grow."
Ms Gillard said the coalition needed to be reminded that the people have spoken.
"We would be saying to the Liberal Party and to the National Party that the Australian people have spoken and they have asked for a fair and balanced industrial relations system," she said.
"This wasn't a marginal part of the last election campaign. It was a key part of the election campaign. We'd ask for the will of the Australian people to be honoured."
Ms Gillard said the head of the Workplace Authority Barbara Bennett would have a job for some time yet.
"The Workplace Authority still has work to do," she said.
"In fact it has 140,000 Australian Workplace Agreements in a ginormous pile to get through. The authority will have to do that.
"It has a role to play also in our transition plan. Of course from 2010 we want to create a one-stop shop in Fair Work Australia."
Meanwhile, Opposition Leader Brendan Nelson says he's got the message on the former government's unpopular Work Choices policy loud and clear.
He said Work Choices played a major role in losing the election for the coalition.
But Dr Nelson said that didn't mean the opposition would roll over and back government moves to get rid of AWAs and reinstate unfair dismissal laws.
He said the opposition wanted to see government legislation before it made up its mind.
"I will wait until we have a look at the legislation," he told ABC television.
"We know there are a number of lessons from the election. One of them is a significant number of Australians chose to vote for Mr Rudd on the basis of what they understood Work Choices was about.
"I have got that message. We have got the message.
"We also think it is very important that we don't do anything to reduce the chance of any of our kids or any of us being able to get a job or keep a job."
Work Choices was perhaps the crucial issue in attracting support for Labor during the election campaign.
Dr Nelson said there would clearly have to be a significant discussion with parliamentary colleagues before the opposition adopted any position.
He denied he was having a bet each way.
Asked if he accepted the incoming government had a definite mandate to repeal Work Choices, he replied: "I will not use that expression in relation to a number of issues.
"I do believe very strongly that one of the key reasons there was a change of government, apart from longevity of our government ... was Work Choices."
Dr Nelson said he was not prepared to commit the opposition to any position on Work Choices before seeing the government's legislation.
"But I can assure you the message has been received and we will be examining it very carefully before we do anything precipitate as far as job security is concerned," he said.
Meanwhile, Workplace Ombudsman Nicholas Wilson has warned employers not to pressure workers into signing AWAs ahead of their abolition by the incoming Labor government.
Telstra has been named among a host of employers seeking to get staff onto the controversial contracts before Prime Minister-elect Kevin Rudd introduces laws next year stopping the signing of new AWAs and phasing out existing ones.
"Placing undue pressure on a worker to sign an AWA is unfair, utterly unlawful and will not be tolerated," Mr Wilson said in a statement.
"The community expects that workers will be treated fairly and employers are warned that the Workplace Ombudsman will not hesitate to prosecute those who apply or attempt to apply such pressure on workers."
The Workplace Ombudsman has successfully prosecuted two cases in which employers placed duress on their staff to sign AWAs.
Another nine cases involving alleged duress are currently in train.
Mr Wilson urged employees who felt they were being unduly pressured into signing an AWA to contact the Workplace Ombudsman's office.
Maybe this government will actually keep their promise. Would be interesting if they pull it off.
bill in parliament in 2008: Gillard
Sunday Dec 2 12:05 AEDT
One of the first acts of the new Labor government next year will be to introduce legislation ending Australian Workplace Agreements (AWAs) but unfair dismissal laws will remain unchanged until perhaps mid-year.
Deputy Prime Minister Julia Gillard said a transition bill would go to cabinet before Christmas and be presented to the opening of parliament next year, ending the ability of employers to make AWAs.
But she conceded a second substantial piece of legislation reinstating unfair dismissal laws, delivering on the rest of Labor's election promise, would take longer.
"We will get that into the parliament as soon as it can be done. Obviously we want to draft it in a consultative way including having an exposure draft so that will take a number of months," she told Network Ten on Sunday.
"People should anticipate seeing that in the parliament in the first half of next year."
Ms Gillard, whose portfolios include minister for employment and workplace relations, said Labor could not undo all of the harm of Work Choices overnight.
"We need to legislate for change. We want to legislate in a careful and measured way," she said
"We want to get the legislation right. The last thing we want to do with the substantial piece of legislation is do what the Howard government did with Work Choices, which is draft it poorly and amend it again and again and again.
"We want to get it right first time and take the time necessary to do that. But from that piece of legislation on, Work Choices will be over."
New Opposition Leader Brendan Nelson warned last week the coalition would not simply roll over on Work Choices.
"We will not support legislation or policy which undermines the employment prospects of everyday Australians," he said. "It is extremely important that we have and we support an environment that continues to see jobs grow."
Ms Gillard said the coalition needed to be reminded that the people have spoken.
"We would be saying to the Liberal Party and to the National Party that the Australian people have spoken and they have asked for a fair and balanced industrial relations system," she said.
"This wasn't a marginal part of the last election campaign. It was a key part of the election campaign. We'd ask for the will of the Australian people to be honoured."
Ms Gillard said the head of the Workplace Authority Barbara Bennett would have a job for some time yet.
"The Workplace Authority still has work to do," she said.
"In fact it has 140,000 Australian Workplace Agreements in a ginormous pile to get through. The authority will have to do that.
"It has a role to play also in our transition plan. Of course from 2010 we want to create a one-stop shop in Fair Work Australia."
Meanwhile, Opposition Leader Brendan Nelson says he's got the message on the former government's unpopular Work Choices policy loud and clear.
He said Work Choices played a major role in losing the election for the coalition.
But Dr Nelson said that didn't mean the opposition would roll over and back government moves to get rid of AWAs and reinstate unfair dismissal laws.
He said the opposition wanted to see government legislation before it made up its mind.
"I will wait until we have a look at the legislation," he told ABC television.
"We know there are a number of lessons from the election. One of them is a significant number of Australians chose to vote for Mr Rudd on the basis of what they understood Work Choices was about.
"I have got that message. We have got the message.
"We also think it is very important that we don't do anything to reduce the chance of any of our kids or any of us being able to get a job or keep a job."
Work Choices was perhaps the crucial issue in attracting support for Labor during the election campaign.
Dr Nelson said there would clearly have to be a significant discussion with parliamentary colleagues before the opposition adopted any position.
He denied he was having a bet each way.
Asked if he accepted the incoming government had a definite mandate to repeal Work Choices, he replied: "I will not use that expression in relation to a number of issues.
"I do believe very strongly that one of the key reasons there was a change of government, apart from longevity of our government ... was Work Choices."
Dr Nelson said he was not prepared to commit the opposition to any position on Work Choices before seeing the government's legislation.
"But I can assure you the message has been received and we will be examining it very carefully before we do anything precipitate as far as job security is concerned," he said.
Meanwhile, Workplace Ombudsman Nicholas Wilson has warned employers not to pressure workers into signing AWAs ahead of their abolition by the incoming Labor government.
Telstra has been named among a host of employers seeking to get staff onto the controversial contracts before Prime Minister-elect Kevin Rudd introduces laws next year stopping the signing of new AWAs and phasing out existing ones.
"Placing undue pressure on a worker to sign an AWA is unfair, utterly unlawful and will not be tolerated," Mr Wilson said in a statement.
"The community expects that workers will be treated fairly and employers are warned that the Workplace Ombudsman will not hesitate to prosecute those who apply or attempt to apply such pressure on workers."
The Workplace Ombudsman has successfully prosecuted two cases in which employers placed duress on their staff to sign AWAs.
Another nine cases involving alleged duress are currently in train.
Mr Wilson urged employees who felt they were being unduly pressured into signing an AWA to contact the Workplace Ombudsman's office.
Maybe this government will actually keep their promise. Would be interesting if they pull it off.
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Unless of course you can get an AWA that has better conditions than your peers!
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That indicates more about your worth to the company that you work for than it does about the legislation.
It has never been legal to place duress on workers to sign an AWA. If dismissed they would be protected by the unlawful dismissal laws in Workchoices. Something many people seem unaware of - which is not suprising given the crap served up by ACTU advertising.
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PAF....
Take a breath and try to remember last weekend.
Howard moved out of the Lodge after he was walloped in the election....
In the boxes the removalists took away to be shredded were the work choices paper work and AWA's....
Take a breath and try to remember last weekend.
Howard moved out of the Lodge after he was walloped in the election....
In the boxes the removalists took away to be shredded were the work choices paper work and AWA's....
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PAF....I think your quote of only 1% of AWA's failing the fairness test is about accurate as the promise that there would never be a GST under a Liberal government led by John Howard.Now if you can't get that part right why do you think that the majority of Australians voted to get rid of Howard....
JOHN Howard's industrial laws were branded a shambles last night, with the revelation that half of all wage deals checked by the Coalition's workplace watchdog have failed the "fairness test" and been sent back to employers for correction.
The Workplace Authority confirmed 26,833 agreements had been knocked back for failing to comply with minimum standards since the Prime Minister introduced the fairness test in May.
Once deals are rejected, employers have 14 days to fix problems or have them permanently cancelled, with employees entitled to backpay.
Figures released yesterday by Workplace Authority chief Barbara Bennett show an enormous backlog of 142,000 individual and collective wage agreements - almost 80 per cent of all those lodged - are still waiting to be fully checked.
The high number of wage deals either rejected or awaiting checks comes amid complaints from employers that the Government's fairness test has become a bureaucratic nightmare.
Mr Howard announced the fairness test in May to quell concerns that under his Work Choices laws, workers could have their penalty rates and other conditions traded away with nothing in return.
Previously, all Australian Workplace Agreements and collective wage deals were checked only if employees lodged a complaint.
The test requires that all agreements must be vetted by the Workplace Authority to ensure employees receive penalty rates or equivalent compensation before they can be approved.
Figures released by Ms Bennett yesterday show that since May, 49.2 per cent of 54,436 wage agreements ruled to be subject to the Government's fairness test have not met requirements and have been sent back to employers.
The figures released yesterday come a month after Ms Bennett revealed she had issued a blanket ruling to fail 25,000 wage agreements because employers had received "a reasonable window" to submit them.
Unions seized on the latest figures last night, declaring they showed the Howard Government's fairness test had failed workers.
The Workplace Authority confirmed 26,833 agreements had been knocked back for failing to comply with minimum standards since the Prime Minister introduced the fairness test in May.
Once deals are rejected, employers have 14 days to fix problems or have them permanently cancelled, with employees entitled to backpay.
Figures released yesterday by Workplace Authority chief Barbara Bennett show an enormous backlog of 142,000 individual and collective wage agreements - almost 80 per cent of all those lodged - are still waiting to be fully checked.
The high number of wage deals either rejected or awaiting checks comes amid complaints from employers that the Government's fairness test has become a bureaucratic nightmare.
Mr Howard announced the fairness test in May to quell concerns that under his Work Choices laws, workers could have their penalty rates and other conditions traded away with nothing in return.
Previously, all Australian Workplace Agreements and collective wage deals were checked only if employees lodged a complaint.
The test requires that all agreements must be vetted by the Workplace Authority to ensure employees receive penalty rates or equivalent compensation before they can be approved.
Figures released by Ms Bennett yesterday show that since May, 49.2 per cent of 54,436 wage agreements ruled to be subject to the Government's fairness test have not met requirements and have been sent back to employers.
The figures released yesterday come a month after Ms Bennett revealed she had issued a blanket ruling to fail 25,000 wage agreements because employers had received "a reasonable window" to submit them.
Unions seized on the latest figures last night, declaring they showed the Howard Government's fairness test had failed workers.
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There is nothing inherently wrong with the concept of an AWAs, provided the legislative frame work exists to protect minimum conditions and exclude employee exploitation – something the previous Government should have included in the original WorkChoices legislation.
Many years ago Labour mounted a campaign against John Hewson’s GST – which Labour promptly introduced when in Government.
The Unions successfully mounted a fear campaign around AWAs and WorkChoices. I suspect AWAs, under another name and with legislative employee protected minimum conditions, will remain. What is the alternative – an archaic Award system that has long since passed it’s use by date?
Already the Government is allowing AWAs to remain for the WA mining industry and employees earning over $75,000 per annum – and how many airline pilots earn less than $75,000 per annum?
I wouldn’t be holding your breath waiting for an Australian Utopia with increased wages, lower interest rates, reduced taxation and lower living costs.
Many years ago Labour mounted a campaign against John Hewson’s GST – which Labour promptly introduced when in Government.
The Unions successfully mounted a fear campaign around AWAs and WorkChoices. I suspect AWAs, under another name and with legislative employee protected minimum conditions, will remain. What is the alternative – an archaic Award system that has long since passed it’s use by date?
Already the Government is allowing AWAs to remain for the WA mining industry and employees earning over $75,000 per annum – and how many airline pilots earn less than $75,000 per annum?
I wouldn’t be holding your breath waiting for an Australian Utopia with increased wages, lower interest rates, reduced taxation and lower living costs.
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"What about the nearly 50% of AWA's failing the fairness test..."
The October monthly report shows that:
* 29,089 agreements were lodged in October;
* 181,915 agreements have been actioned out of the 183,203 lodged since the introduction of the Fairness Test;
* 66,070 key decisions have been made informing employers and employees about whether their agreements are subject to the Fairness Test and whether the agreement meets the requirements of the Fairness Test;
* 27,603 agreements in total have passed the Fairness Test, with 90% passing without the need for any changes;
* 1,826 agreements in total have ceased to operate. Ceased agreements are referred to the Workplace Ombudsman to ensure that employees receive any back pay they are entitled to.
* 29,089 agreements were lodged in October;
* 181,915 agreements have been actioned out of the 183,203 lodged since the introduction of the Fairness Test;
* 66,070 key decisions have been made informing employers and employees about whether their agreements are subject to the Fairness Test and whether the agreement meets the requirements of the Fairness Test;
* 27,603 agreements in total have passed the Fairness Test, with 90% passing without the need for any changes;
* 1,826 agreements in total have ceased to operate. Ceased agreements are referred to the Workplace Ombudsman to ensure that employees receive any back pay they are entitled to.
Far more than 1% of Australian workers did not receive their full entitlements under the previous Award system!!!
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Where on earth did that piece of poppycock propaganda come from???
My quote came from the Australian..a small newspaper you might see if you go into any newspaper shop in the country...
It quotes figures from Workplace Authority chief Barbara Bennett....start reading guy's....
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Many years ago Labour mounted a campaign against John Hewson’s GST – which Labour promptly introduced when in Government.
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Yes, my error, my apologies. PAF is correct - originally a Keating concept, proposed by Hewson.
No chance PM Rudd will revoke that little earner. But can he be trusted not to increase the GST, even on selected goods and services?
No chance PM Rudd will revoke that little earner. But can he be trusted not to increase the GST, even on selected goods and services?
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I have had personal experience in being pressured subtly to sign an AWA. The consequences of not signing were not stated overtly but it was clear that no AWA = no job. We were all asked to return the signed AWA's asap, but at the same time told "no pressure, take your time".
Z.
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Being an aviation refugee from Australia , who has a dream of returning one day . My Question is this ! With the labour laws now being ( rolled back ) better, a world wide pilot shortage . Proof is I may be offred > % 20 to stay in a company hemeraging pilots , why cant we lift our game in Australia for a better future. Its never going to be better than now to get a better deal , if we get smart.
Z, PPRUNE would be pretty boring if there were not people with a different point of view to express.
Its when people attack the player it gets silly...
And if your refering to people who have been in the ADF as a sheltered workshop fine....just remember right now a few of them are getting shot at for a living....does that seem sheltered to you?
Could not put it better myself!!!
Tail Wheel
Its when people attack the player it gets silly...
And if your refering to people who have been in the ADF as a sheltered workshop fine....just remember right now a few of them are getting shot at for a living....does that seem sheltered to you?
Z, PPRUNE would be pretty boring if there were not people with a different point of view to express.
Its when people attack the player it gets silly...
Its when people attack the player it gets silly...
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I recently signed an Agreement that has me and my work colleagues about $10K better off than the 'award'. Would hate to see some union bully-boys have it withdrawn and us end up back on minimum GA wage.....
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An Air Force Officer who works in the penultimate nil accountability closed shop (been there done that, worn the uniform) lecturing those who work (battle?) for companies driven by profit and management bonuses, in turn driven by keeping costs (those pesky workers and their needs). Howard's utopia - its over.
Couldn't even retain his seat.
No. We wanted the rodent out and a return to a society not an economy.
Turnbull gave a glimmer but the right wing inmates in the asylum voted accordingly.
PS How can we have jet drivers on less than 100k a year on international routes, during a pilot shortage?
A pilot shortage where airline's are parking aircraft and 10% is getting you excited?
Couldn't even retain his seat.
You do understand that the election was for which local member you wanted to represent you in parliament?
Turnbull gave a glimmer but the right wing inmates in the asylum voted accordingly.
PS How can we have jet drivers on less than 100k a year on international routes, during a pilot shortage?
recently signed an Agreement that has me and my work colleagues about $10K better off than the 'award'
Last edited by Track Coastal; 2nd Dec 2007 at 11:16.
quote..Air Ace..."Many years ago Labour mounted a campaign against John Hewson’s GST – which Labour promptly introduced when in Government."
Air ace is your information re AWA's as accurate as your GST statement? I can assure you Labor did not introduce the GST. John Howard did after making the famous statement of never ever introducing a GST.
Re AWA's It is illegal to force someone to sign one if already employed but a different story if they apply for a job. Ask the 20 year old girl at the gym I am associated with. She left a 'chain gym' to work there only to get a lawyers letter pointing out that buried in the detail of the AWA she signed was a clause stating she cannot work in any other gym within a 250k radius of a 'chain gym'. Outrageous behavior from the chain. How many 18 year olds look for that type of detail or should be expected too?
You may well ask about the fact that my teenage kids worked for a popular food chain and were payed to the exact minute of any time finished before roster end but would not get paid for any time worked after roster end. I was prepared to take this up with the thief of an owner but was persuaded not to by my kids as when complaints were made by others they just stopped giving them shifts. I can document a number of other instances of what I call exploitation by employers.
I repeat what I have said in earlier posts I am an employer with 250 plus staff working in various businesses so this is not just employer bashing.
Workchoices was a great principle if the world is perfect. Unfortunately it is also full of people willing to exploit others for their own greed. This applies to
employees as well as employers.
Anyway the election is over and Rudd & co will make changes as outlined in their policies and I am confident that all will be well in 3 years time. If not they will get a very short term at the top. It will be interesting to review these election threads and see what actually happened, at the next election.
Air ace is your information re AWA's as accurate as your GST statement? I can assure you Labor did not introduce the GST. John Howard did after making the famous statement of never ever introducing a GST.
Re AWA's It is illegal to force someone to sign one if already employed but a different story if they apply for a job. Ask the 20 year old girl at the gym I am associated with. She left a 'chain gym' to work there only to get a lawyers letter pointing out that buried in the detail of the AWA she signed was a clause stating she cannot work in any other gym within a 250k radius of a 'chain gym'. Outrageous behavior from the chain. How many 18 year olds look for that type of detail or should be expected too?
You may well ask about the fact that my teenage kids worked for a popular food chain and were payed to the exact minute of any time finished before roster end but would not get paid for any time worked after roster end. I was prepared to take this up with the thief of an owner but was persuaded not to by my kids as when complaints were made by others they just stopped giving them shifts. I can document a number of other instances of what I call exploitation by employers.
I repeat what I have said in earlier posts I am an employer with 250 plus staff working in various businesses so this is not just employer bashing.
Workchoices was a great principle if the world is perfect. Unfortunately it is also full of people willing to exploit others for their own greed. This applies to
employees as well as employers.
Anyway the election is over and Rudd & co will make changes as outlined in their policies and I am confident that all will be well in 3 years time. If not they will get a very short term at the top. It will be interesting to review these election threads and see what actually happened, at the next election.
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Maxter
I acknowledged my failing memory:
Are you suggesting this is exclusively a product of WorkChoices and never happened under the previous antiquated Award system??????
Second and third sentence: Are you suggesting this is exclusively a product of WorkChoices and never happened under the previous antiquated Award system??????
In that we agree!!
quote..Air Ace..."Many years ago Labour mounted a campaign against John Hewson’s GST – which Labour promptly introduced when in Government."
Yes, my error, my apologies. PAF is correct - originally a Keating concept, proposed by Hewson.
You may well ask about the fact that my teenage kids worked for a popular food chain and were payed to the exact minute of any time finished before roster end but would not get paid for any time worked after roster end. I was prepared to take this up with the thief of an owner but was persuaded not to by my kids as when complaints were made by others they just stopped giving them shifts. I can document a number of other instances of what I call exploitation by employers.
Workchoices was a great principle if the world is perfect. Unfortunately it is also full of people willing to exploit others for their own greed. This applies to employees as well as employers.
Anyway the election is over and Rudd & co will make changes as outlined in their policies and I am confident that all will be well in 3 years time. If not they will get a very short term at the top.
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PAF and Air-Ace....
AWA's are great 'IF'.......you have something to bargain with.
With the boom in the mining industry plus the fact that not everyone wants to work in a remote area in those conditions then those who do will be able to dictate their terms and conditions from a stronger position.
With the pilot shortage a pilot would be able to negotiate a better package than if there was a surplus of pilots.
Not ever group within society has that advantage and so collective bargaining still has an overall advantage.
My quote was from the Australian newspaper regarding the fairness test.I don't think that anyone has ever described the Australian as an ACTU propaganda unit.
The figures released were from the head of the work choices department.
Howard had to bring in the fairness test to alleviate concerns that AWA's could be less beneficial than the employee's previous award.The fact is that nearly half of the AWA's failed Howards test....
If there was no attempt by some employers to make the most of WorkChoices then there would have been no need for a fairness test.....
AWA's are great 'IF'.......you have something to bargain with.
With the boom in the mining industry plus the fact that not everyone wants to work in a remote area in those conditions then those who do will be able to dictate their terms and conditions from a stronger position.
With the pilot shortage a pilot would be able to negotiate a better package than if there was a surplus of pilots.
Not ever group within society has that advantage and so collective bargaining still has an overall advantage.
My quote was from the Australian newspaper regarding the fairness test.I don't think that anyone has ever described the Australian as an ACTU propaganda unit.
The figures released were from the head of the work choices department.
Howard had to bring in the fairness test to alleviate concerns that AWA's could be less beneficial than the employee's previous award.The fact is that nearly half of the AWA's failed Howards test....
If there was no attempt by some employers to make the most of WorkChoices then there would have been no need for a fairness test.....