Scott Morrison wants businesses and unions to “drop their weapons” and come up with a new industrial relations system. Easier said than done.
Here are some of the sticking points that threaten to put tribalism back on the table.
Better off overall test
One of the biggest points of contention is the better off overall test, or the BOOT, that ensures workers cannot be worse off in any changes to enterprise agreements.
Employer groups want to weaken the test, with the Business Council of Australia (BCA) saying it should return to the looser “no disadvantage test” that was in place under WorkChoices. BCA chief executive Jennifer Westacott last year said the BOOT was a “productivity killer”.
Unions oppose this, saying it would allow employers to pay people less than current legal minimums. When asked about the test, Morrison said he would leave it to employers and unions.
Simplified awards
“Simplifying awards” has become shorthand for reducing the scope or value of the award safety net. The BCA wants to see awards simplified to the point they only deal with nine employment conditions. The number of awards has already been cut from more than 2000 in 2006, to just 121 today. This is one area where some common ground might become apparent.
Casual and insecure work
Unions have long campaigned against rising levels of casual insecure work in Australia, which has been exposed by the crisis. The Australian Council of Trade Unions (ACTU) has criticised the government for failing to include short-term casual workers in the JobKeeper scheme. A recent Federal Court ruling has fallen in their favour, finding that — despite being employed as “casuals” and having a 25% pay loading — workers on regular and predictable hours for years with one company were legally permanent employees. Business groups say this will put small businesses out of business as they will be unable to hire staff.
Fair Work Commission
Employer groups want to scale back the power of the Fair Work Commission to regulate wages and conditions. The mining employer association, the Australian Mines and Metals Association, has previously said the commission should be abolished. The ACTU has previously said the FWC has lost its independence and needs more teeth.
“Weapons down, take off your pants, forget history …. and hand Scotty From Marketing the Vaseline.”
“A recent Federal Court ruling has fallen in their favour, finding that — despite being employed as “casuals” and having a 25% pay loading — workers on regular and predictable hours for years with one company were legally permanent employees. Business groups say this will put small businesses out of business as they will be unable to hire staff. ”
If small businesses can’t afford new workers and can’t compete without new workers, then surely the business should be allowed to fold?
The business cannot be viable.
Yes Wayne, it’s utter crap. If the small business can keep a person on for regular hours for years, casually, they can afford to make them permanent. If they don’t employs casuals on regular hours for years, the court decision doesn’t apply.
PM Scotty, the failed marketing exec, aint no Bob Hawke. Where is the budding BH wannabe? Not on the treasury benches, not on the apposition benches, look here, look there, look for a secret code under the chair. Yeah, nah, governance failure is occurring at the political level, in business and the public sector where Leadership Is replaced by Political dog fighters who surround themselves with sycophants. Sports rorts et al, can’t happen without Loyal soldiers. Franken Fearless has retired, the position filled by Ah Slik Kerr.
Why has the labour movement tolerated workers being employed not by the enterprises they work for but by a dodgy ‘labour hire’ firm? When the enterprises that take advantage of these dodgy businesses are in highly unionised environments like mining and hospitals it becomes quite confusing to old socialists like myself.
Get rid of these Mickey-mouse ‘labour hire’ shonks and make these firms employ their workers honestly! Why are most miners not employed by mining companies? Why are so many of the nurses and wardsfolk that look after us in hospital not employed by the hospital, public or private?
I’m confused. Could it be that the only reason is to avoid the cost of permanent employment?
Why you ask ? Indeed . Perhaps Labor is historically outflanked and defuncting/defunking away ?
All good questions. Labor has lost it’s way. All those bright young university trained staffers and their flipping focus group monkey dances.
If you never struggled a day in your life your identity will eventually adopt the rosy glasses of the self-satisfied, privately-educated wunderkid. It doesn’t matter what organic political party you nominally subscribe. You will end up just cutting the rope beneath you an let the unfortunate proles manage as best they can.
The only weapon the ACTU has left is its begging bowl and it’s banging its own head with it.