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The Forum > Article Comments > Beef-up bargaining to retain fairness for workers > Comments

Beef-up bargaining to retain fairness for workers : Comments

By Krystian Seibert and Alex Collins, published 29/12/2005

Christian Seibert and Alex Collins argue the new industrial relations laws give uneven bargaining power to employers and employees.

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There can only be one logical conclusion, which is to add power to big business, so that they will drive the cost of labour down over time. I do not agree that the award system was inflexable, for example the award I worked under gave the employer a 12 hour frame 6am-6pm in which they could work me, they were able to pay someone who they believed made a greater contribution than others above award payment, the award system was only a minimum set of conditions, which now may be lost. I can see the most affected by this legislation are unskilled or semi skilled workers like myself [Purchasing Officer] whose skills are not recognised as such. We are paid a pittance now, and expected to work overtime without pay, so for some of us nothing will change except our wages will be eroded away over time. If you check the ABS site on employment/wages you will find the lowest paid section of the workforce is "retail" sadly they will be the people hit hardest and first, to start the ball rolling. They don't have a strong union, they are not militant, rather they tend to be subserviant, which will be to their detriment. John Howard said when he regained the leadership of the Liberal Party that he was the most conservative leader the Liberal Party had ever had, in his last years as PM we are now seeing exactly what he meant, his disguist of the working class, his arrogance and pomposity, his history of untruths sum up someone who will be remembered as Australia's most divisive ever PM.
Posted by SHONGA, Thursday, 29 December 2005 7:59:57 PM
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I went through Industrial relations for unfair dismissal. I was not actually fired but verbally abused and totally humilated so was no left no choice. I got a lawyer, they got one. Went off to court. The judge seemed annoyed we never made any attempt to reach an agreement and told us to go away and try to find a resolution between ourselves I had tried email after email to try and get some apology or resolution from the management of the company I worked for. Nothing. No response at all. Sounds like a lawyer told them to keep silent.

They may have even agreed that I was unfairly treated by another employee but no way were they going to admit it. My contract with the company had been dishounoured on their part. They said stuff changes and that I better change my attitude because the way my contract read was not possible anymore. So they basically said my end of the contract stood firm but theirs was open to change in cirumstance.

So I took the offer, paid the lawyer and paid the 30% tax and was left with a few hundred dollars. I lost thousands upon thousands in lost income because of one evil employee.

This is what we are losing in IR reforms, how much worse can it get?
Posted by Verdant, Thursday, 29 December 2005 9:12:21 PM
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Verdant,

Thank you for sharing your story.

There will be no bargaining. The employer is the master. That's the idea though with the new laws.

Mr Howard will give you $4000 to fight an unfair dismissal. That won't get you through the door to fight.
Posted by FRIEDRICH, Friday, 30 December 2005 6:13:00 AM
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Well I got into a pickle because someone left and I took their work on for a short time because the people that were supposed to it were saying "not my job". Then someone else left and I was asked just to help out with their work as well just till someone was recruited. Then the boss left and the new boss recruited someone but said they were to help them out, not me. Asked for an assistant, was told they had gone over budget because the new boss had hired like three assistants to help him out.

So a lesson to all, do not take on extra work without a change in contract. Never even think about it. You take it for week it is yours forever. And if it means working 60-70 hours a week you just have to do it, otherwise you have an attitude problem. And never divide the hours you work into your pay to find out your actual hourly rate. Flipping burgers will suddenly an attractive career option.
Posted by Verdant, Friday, 30 December 2005 6:06:04 PM
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The problem also lies in the fact that statistically, 80% of the population is employed by small business.

Small business mainly consists of less than one hundred employees.

The Industrial Relations proposed and now past in our parliament gives the employer, with less that one hundred employees, the right to dismiss without just cause.

Small businesses arguement with the original unfair dismissal laws was that they could not weed out any bad apples that they may employ and the unfair dismissal laws was something in their way. Although their were written award guidelines with regards to a fair dismissal process.

So the head of the Australian small business employee has been literally given to small business employers.

This is going to destabilise small business by linking an already insecure, undermanned environment that the employee has to work in, to an environment offering absolutely no job security to the employee, creating social attitude.

The success to any business is training and retaining their staff but whether small business will realise this or weld their mighty new power in their novice, with the tools of the new Industrial Laws in the name of profit and GDP, will only find themselves losing market share to the corporation and competition with employees seeking the safety of companies employing more than one hundred people.

The brain drain effect will expose many to extinction.
Posted by Suebdootwo, Sunday, 1 January 2006 11:48:00 PM
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"In the US, at any workplace where more than 50 per cent of employees want to bargain collectively, their employer is required to bargain in good faith".
That sounds like Unionism, doesn't it.

I belong to a union and still feel that collective bargaining is what unions do best.
Unions can afford to go to court. Individuals cannot, even with $4000. Most Lawyers will be smiling all the way to their tax haven off shore.

When you hear politicians and business speak of increasing 'productivity', Change the word to 'profit' and if business make more profit then the profit needs to be shared equally amongst those who create the profit, the company owners, shareholders and workers.

When a person dies with a personal fortune of $7 BILLION, I consider that to be obscene. When millionaires do not consider themselves to be well of, I shake my head in disbelief. How much money does a person need? How much POWER does a person want ?
Posted by Coyote, Tuesday, 3 January 2006 8:39:48 AM
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