Tag Archive for 'WorkChoices'

Gillard’s new IR laws and the business response

Julia Gillard is certainly capable of a sophisticated negotiating strategy, and it’s been interesting to observe that the process of formulating the legislation to implement Forward With Fairness and replace WorkChoices - while managed largely behind closed doors - was accompanied over the year by a fair bit of crowing from business that they’d extracted more concessions than in the two documents released before last year’s election. However, the ALP caucus and the ACTU also belatedly secured more of what they wanted - particularly in last resort arbitration, multi-enterprise bargaining for low paid workers, good faith bargaining and union entry and records inspections rights. I wouldn’t be entirely surprised if such changes were always contemplated, and certainly explicit attention to the needs of workers with poor bargaining power spread across a number of work sites (for instance cleaners or employees in light manufacturing) was part of the election policy. What is entirely predictable is the tenor of the business reaction, which you can get a sense of quickly by reading this story from yesterday’s Australian. Unions are back and the sky will fall in! In fact, the points business objects to really just serve to underpin bargaining. There’s an element of balancing equity with efficiency, which has always been part of the IR framework in Australia, but we certainly haven’t “gone back to the future”. In many ways, the legislation could legitimately have gone further in redressing some of the imbalance of power in the bargaining process.

If, although as one would imagine there’s some equivocation going on, the opposition allow the laws to pass substantially unaltered, the business whining will be futile. That in itself may push the opposition into a more negative stance. The passage of the laws through the Senate early next year could get interesting.

Rudd one year on

Well, having opened a thread that perhaps proves that Ute Man is still out there but not actually supporting Emo Man, it behoves me, I guess, to have a bit of a say about the tenure of the Rudd government to date. To some degree all these sorts of anniversaries are somewhat artificial, as you can easily see in the United States with the fetish of the “first hundred days”. Governments will eventually be judged by the electorate in due season, as Kevin Rudd would say, and as almost all politicians intone (particularly those who are dissatisfied with their contemporary popularity), in the end they will be judged by history - whose verdict is perhaps as mythical as the Judgement of Paris, but never mind that. However, as I was suggesting, if politics and public discussion is cruelled by the vagaries and obsessions of an ever shorter media cycle, a year really is a long time in government, and it is worth taking stock.

It can also be interesting to compare first term governments at this stage of the electoral cycle, and here the obvious contrast - despite all the media beatups - is the absence of major scandal and ministerial resignations compared to both the Hawke and Howard governments. That doesn’t, of course, imply that all the Labor ministers are fabulous, but it is worth observing.

One of the things that’s interested me in the discussion that had already began quite a while before we reached the actual milestone is that in both comments on this blog and in conversations with some friends I’ve seen the sentiment expressed that simply avoiding hearing a daily litany of horrors from the Howard crew is Rudd’s greatest achievement. It might, and no doubt will, be objected that - “lefties would say that, wouldn’t they?” But I think there are a couple of points here. First, there is no doubt that a government with a more humanitarian tinge and an appreciation of propriety and ethics is to be welcomed, and that sentiment - along with the promise keeping - will be a contributor to Labor’s continuing lead in the polls. Secondly, I think The Howard Years has been interestingly timed to stimulate some comparison and to reinforce the whole sense of relief that we don’t have that turgid mob to kick around any more.

But, again, one thing that wore out the Coalition’s welcome with the electorate was the constant “rabbits out of the hat” and the whole bag of divisive tricks, along with the internal ructions and the cockiness of ministers. I agree that the Liberals are still playing at the same game in many ways. John Howard was elected in 1996 as a safe pair of hands and the Libs were “the party of order”, if you like. By the end of their fourth term, they looked like the risky and unsafe proposition and Kevin Rudd’s calm demeanour undoubtedly contributed much to Labor’s victory. WorkChoices was also probably the biggest single mistake the Coalition made, and the related apprehension that worse would follow and more leadership instability also condemned the Howard government to defeat.

But what of policy, and that shibboleth beloved of the punditariat, “the narrative”? Continue reading ‘Rudd one year on’

Government moving too slowly on IR; Essential Research 57-43

…45% of Australians think so, according to this fortnight’s Essential Research poll. As a bit of an addendum to my earlier post about Julia Gillard’s speech last week to the National Press Club on the detail of the Forward with Fairness bills which will shortly be introduced into parliament, I should also note that many Labor MPs have been concerned by reports they’re receiving from constituents about continuing abuses of workplace power. This is more the everyday bastardry that WorkChoices encouraged, rather than the headline anti-union moves of big corporations like Telstra. A lot of voters assumed that WorkChoices had already been “torn up”, and there’s significant pressure on Gillard to bring forward some of the implementation dates for aspects of the new legislation.

The whole “keep business satisfied” implementation agenda might have seemed like a good idea last year. It’s not looking so flash now, particularly as the ACTU finally wakes up to the fact that they’ve effectively been locked out of the policy making process.

Elsewhere: More discussion of the poll at The Poll Bludger. Also interesting is the comparison with ratings of attributes between Malcolm Turnbull and Kevin Rudd (with the proviso that the data on Rudd dates from June). Turnbull will be worried at the 47% “out of touch” figure. How do you actually turn that around? Brendan Nelson didn’t do so by emoting and going trucking.

Like a hole in the head

…Was it clever politics for the Liberal Party to preselect one of the (junior) architects of WorkChoices, Jamie Briggs, for the Mayo by-election?

Elsewhere: Pavlov’s Cat isn’t impressed. Tim Dunlop on the spectre of WorkChoices.

Guest post by Senator Rachel Siewert: Award modernisation - what’s going on?

This issue is something I’d planned to write about but have lacked time to do so. Some very important changes to the legal regulation of working conditions are being made in this country largely beneath the radar of media scrutiny - outside the business press. So I’m happy to post this contribution from Greens Senator for Western Australia, Rachel Siewert. - MB

Senator Rachel Siewert is the Australian Greens spokesperson on Industrial Relations.

Massive upheaval is occurring to Australia’s standard employment conditions and minimum wages, with little to no understanding or public attention.

The ‘award modernisation’ process currently underway in the AIRC, following a request from the Workplace Relations Minister, Julia Gillard, will impact on all Australian workers … either directly through loss of conditions or indirectly through lowering the base from which agreements can be made.

While the Rudd Government likes to compare its IR policy with Work Choices (…so it can say things are slightly better than they might have been), a better way of evaluating their policy is to look at the industrial relations system that existed in Australia before the aberration of Work Choices. On this test the Government is failing to provide adequate protection for workers.

Continue reading ‘Guest post by Senator Rachel Siewert: Award modernisation - what’s going on?’