The Morrison government is on the cusp of passing a controversial bill that it promises will crackdown on union militancy. In reality, it could spell the end of workplace strikes.
Under the Ensuring Integrity Bill, unions and their officials could receive demerit points for breaking existing laws. Enough points, and they could face deregistration or disqualification.
But the infractions that could risk unions getting shut down, or their officials kicked out, are far-reaching, and include the kinds of strike action that have, in the past, received widespread community support.
Offences include:
- Striking for reasons that aren’t related to an ongoing enterprise bargaining agreement negotiation or proposed changes to an award rate — 300-1000 penalty units
- Submitting paperwork or financial reports late to the union watchdog — 500 penalty units
- Failing to remove a non-financial member from the list — 300 penalty units
- Failing to train an office holder in financial management within six months of them starting — 500 penalty units.
Professor Anthony Forsyth of RMIT’s Graduate Business and Law School told Crikey there were already legal avenues to bring unions into line: employers can seek an order from the Fair Work Commission or the Supreme Court to end a workplace protest, while the government could apply to have a union deregistered if it breaks the law.
He said that there was a link between the bill and the government’s recent moves to further limit secondary protest action.
“There is a clear desire to stifle dissent or dissenting views in the various ways that they have pointed out this legislation will apply in industrial action cases, and to unions,” he said. “It links up with the government’s desire to prevent noisy voices of dissent which is not good for democracy”.
Excellent. And, now I await the Ensuring Integrity Bill (2.0) that will without doubt include demerit points for employers who fail to pay their staff correctly, who fail to provide safe work places or who attempt to subvert the hard won protections on workers entitlements such as meal and rest breaks, leave and special provisions for unexpected situations. Disqualification from owning or operating a business may be the ultimate sanction, although enforced inclusion of workers in the formal operating of the business may also be a suitable remedy. Because, as we know from recent events, employers are breaching all of these basic requirements. So, bring it on Government, a nicely balanced piece of legislation that proves you are not just in it to stifle the workers at the behest of your donors.
And politicians, too – failing to update interest register – 1000 penalty units. Failing to remove a person from mailing list after being requested to do so – 5,000 penalty units. Enough units and you’re kicked out of office.
The CBA is pleading guilty to 87 criminal charges of “Hawking” life insurance.
I assume that the directors and executives will be removed from their positions and banned from the finance industry and the CBA will be deregistered as a company and stopped from practicing.
“It links up with the government’s desire to prevent noisy voices of dissent which is not good for democracy”.
That sounds like noisy voices of dissent are bad for democracy, rather than the act of silencing those voices being bad for democracy.
Perhaps it should be: “It links up with the government’s desire to prevent noisy voices of dissent, which is not good for democracy”.
Also, the right to strike is contained in the Universal Declaration of Human Rights, to which Australia is a signatory.
The right to strike should, therefore, be equally as valid as freedom of speech or freedom of religion.
What is worse really ? Violent Fascists who do a lot of harm to just a few of us, or political Facsists who do a little damage to most of us, over and over again, with no real penalty.
I heard/read somewhere that parts of this legislation are unconstitutional, so maybe it will end up in the High Court?
Which begs the question…why do ordinary workers accept this kind of treatment and vote for a government which restricts their freedoms much more than in any other first world country?
Unbelievable! WAKE UP AUSTRALIA!!
Morrison’s policy of quieting dissent is a bit like the infamous Niemoller quote which essentially said that they first attacked groups I wasn’t involved with, people I might disagree with and socially marginalised groups, thinking that I was safe.
I worry that many people today have been educated to be obedient consumers, not active citizens.
Thats the whole point of neoLiberalism. Consumer first, Citizen second …if not at all.