Tag Archive for 'workplace relations'

Propositions on the Liberal right week of FAIL

Let’s sum up a few things about the CPRS/leadership shenanigans:

(a) It’s been intriguing to see the focus of political discussion narrow to the Parliamentary dramatics. Journalists – and one suspects, many Liberal MPs – appear to have completely lost sight of the effect that Turnbull’s stand might be having on the public. I’d be very surprised if there isn’t a lot of sympathy for him and his position. Yet those normally obsessed with Newspoll now equate politics with a bunch of lunatics gathered in Nick Minchin’s office, rather than even stopping to think about how all this might be playing with voters. I wonder whether Newspoll will be asking questions about the Liberal leadership this weekend – its owners might not like the answers;

(b) The Liberal Right have shown themselves to be completely unelectable crazies. Liberals are not Republicans and Australia is not America. This appears to be news to some, and it’s hard to know why;

(c) Conversely, text messages and phone calls and emails from Liberal party members and Andrew Bolt’s followers do not equate to a shift in public opinion. The Libs’ only chance of being an effective opposition, and gathering votes in the centre, is to go with Turnbull’s position. The much vaunted ‘base’ will not vote Labor in a pink fit, and a stack of Liberal seats would be at risk if a Leader is elected who is a reactionary on Howard era issues such as climate change denialism and industrial relations. That was clear enough from Kevin Andrews’ press conference where most questions were about the past, and his right wing stance. This is John Howard’s poisonous legacy to his party;

(d) Talk of Turnbull’s ‘management style’ is merely code for the Liberal right refusing to be led by one not of their own. ‘Consultation’ means caving in to dinosaurs. Who’s really the arrogant one in this equation? More likely to be Nick Minchin and his mates;

(e) If Turnbull is toppled tomorrow or on Monday, and leaves Parliament, who really believes an Abbott led Liberal Party would retain Wentworth in a by-election? This is the craziness – Members like Michael Johnson in Ryan calling for Turnbull’s ousting while holding a ‘leafy’ and very marginal seat which has many moderate Liberal voters. It’s not the only one. Kelly O’Dwyer in Higgins, for instance, is going to face a lot of pressure to take a stand on climate change and the ETS in the lead up to the by-election for Peter Costello’s former seat. The Liberals’ actual base is multiple and plural, and they can’t hold it by playing only to the revanchists.

Update: Turnbull’s press conference is now on YouTube.

Elsewhere: Politically Homeless.

Elsewhere: Club Troppo, The Stump.

Update: Fresh post – Abbott will stand for the leadership on Monday.

Unequal pay for work of equal value

The persistence, and now the widening, of the gap between men’s and women’s pay is one of the continuing scandals of Australian public life. Despite the fact that unequal pay for work of equal value has been illegal since the Whitlam era, what ought to be a major issue is typically surrounded by obfuscation, if not ignored entirely. In today’s Crikey, Eva Cox has published a useful corrective to many of the myths which serve to excuse, obscure and justify what is a continuing disgrace: Continue reading ‘Unequal pay for work of equal value’

Fair Pay Commission still a misnomer

Julia Gillard has criticised the decision of the Fair Pay Commission to award no increase in the federal minimum wage. She accurately notes that the decision will have an impact on other workers as well, because the safety net is the floor which underpins bargaining.

However, Gillard and Kevin Rudd might themselves bear some of the responsibility for this decision, which will – rightly – be a political problem for the Labor government. The Commission was heavily criticised by Labor in opposition, and next year it’s due to be abolished, its functions rolled into the AIRC’s replacement – Fair Work Australia. If the criticisms made of the process and of the narrow economic orthodoxy of its chair, Professor Ian Harper, have merit, it surely should have been open to the ALP to hand back the wage setting powers to the AIRC earlier. The ’softly, softly’ approach to IR reform is full of contradictions, one of which will unfortunately now impact on those least able to afford to shrug their shoulders at the political game. It isn’t a good look for a Labor government.

Elsewhere: Via Andos in comments on another thread, a link to a useful interview on ABC Radio with ACOSS. The point is made that research from the OECD (and from other sources, I might add) debunks the notion that there is a strong correlation between small rises in minimum wages and unemployment.

Update: Matt C notes in comments that the FPC’s own modelling of its previous decisions shows only a minimal effect on unemployment of a decision not to increase the rate.

Elsewhere: Rob Corr.

Update: New post.

What if you held an IR scare and no one came?

I’ve noticed some wild leaps of logic, if that’s the right word, in the “analysis” of Julia Gillard’s Forward With Fairness IR bill. Apparently, everything that may have happened in the past that would scare employers (probably including a return to braces and steel capped docs among the well dressed unionists) will. In almost all cases, if you actually look at the detail of the legislation, the claims made are unsustainable. Ambit claims, presumably…

Andrew Crook had a good piece in Crikey yesterday tracing the origins of all this hoohah:

With business cosying up to Kevin, and Malcolm striving for popular relevance, a cadre of crack News Ltd hacks have been dispatched to wage an IR guerilla war by proxy. Union bashing has been the raison d’ĂȘtre of buttoned-up reporters like Brad Norington for years — when Norington refers to the dreaded return of the ‘IR club’ he could easily be talking about himself. But confronted with a watertight consensus after extensive consultation, the Oz has continued to push an adversarial line that attempts to revive the pitched battles of the 1890s.

On Saturday, Norington re-entered the fray, clearly miffed by the lack of love from the Australian Industry Group’s Heather Ridout. In an excruciating piece, Norington gets close to accusing the business lobby of false consciousness — a charge usually leveled at the Oz’s enemies on the Left. What looks like an off-hand comment about the “weird” direction the IR debate is taken as evidence of a looming stoush. Of course, Ridout’s overall backing of the bill remains strong, subject to qualifications.

Continue reading ‘What if you held an IR scare and no one came?’

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.

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.

Julia Gillard and the unions

Earlier in the year, writing in On Line Opinion, I thought that Labor’s “Forward With Fairness” industrial relations policy was best interpreted as an attempt to entrench a new workplace settlement acceptable to all parties – and I still think that’s the Rudd government’s main game. However, it’s now becoming clearer that an element of union bashing is involved – the tired old Third Way game of establishing supposedly electorally popular distance from teh evil labour movement, and also that the “balance” being struck is tilted quite significantly in the direction of employers. Among other things, this explains the dissent in the ranks of unions toward the lacklustre public performance in holding Labor accountable from Sharan Burrow and Jeff Lawrence. It’s also becoming clearer – with the resurrection of demands for “statutory individual contracts” by Julie Bishop as a condition of Senate passage – that the model hasn’t succeeded in producing consensus.

Julia Gillard outlined the results of consultations and more of the shape of the policy which will be embodied in legislation soon to be introduced into Parliament in an address to the National Press Club yesterday. The transcript is here. Commentary is largely focused on the unfair dismissal changes for small business, and there’s a sample of the reaction in a good article summarising union and academic views in The Age. But equally important are the machinations going on in the Industrial Relations Commission over “modern awards”, where employers have been presenting what are basically award-stripping ambit claims, and some odd interventions from Gillard herself [the process was examined in a previous LP post by Senator Rachel Siewert of The Greens] and the rather weak protections for collective bargaining that have been outlined.

It’s all very well to say that Fair Work Australia will be able to make good faith bargaining orders, but if they’re only weakly enforceable, and if there’s no power to arbitrate in the face of, well, bad faith, then it seems somewhat of a fig leaf. The ongoing legal maneouvring Telstra have engaged in, which has just had a setback with employees rejecting a non-union collective agreement in a Commission ordered ballot, is a case in point. Differential pay offers (which have nothing to do with rewarding merit and performance and everything to do with de-unionisation), legal stalling, failure to recognise bargaining agents and “wait them out” negotiating are all weapons in the armoury of management strategy, and it’s far from clear from what Gillard had to say that these tactics couldn’t be employed by business under the new laws.

Continue reading ‘Julia Gillard and the unions’