Tim Gooden
The Howard government’s Building Industry Task Force is using the “freedom of association” provisions in the Workplace Relations Act (WRA) to take legal action against the Victorian Labor government. It is trying to prove that the latter illegally gave preferential treatment to companies with union-negotiated wage agreements.
The relevant section of the WRA says that whether a person is, or is not, in a union, they should not be discriminated against. Canberra is trying to use this provision against the Bracks government, which tendered out demolition work favouring companies with union-negotiated wage agreements.
Howard and his workplace relations minister Kevin Andrews have made it clear that the government will not award contracts to companies that have union-negotiated wage agreements. Canberra prefers to give contracts to companies that pay workers less, have poor safety records and don’t guarantee workers’ entitlements.
Andrews claims that the state government is breaching the WRA. But choosing companies that look after their workers is not a crime.
In fact the federal government breaches its own laws by withholding funding to state governments, universities and TAFEs unless they force their staff onto individual contracts (AWAs; and only selecting companies that sign on to the Federal Building Industry Code that stipulates individual contracts.
The federal government was in breach of contract when it stopped work on the new Australian Postal Centre in Tullamarine, Victoria, until it found a builder who did not have a union-negotiated wage agreement. It withheld federal government funding of Victorian GST taxes on the Geelong Bypass until the state government signed the building code.
All this begs the question of exactly who is breaking the law or, at least, acting dishonestly? When it comes to selecting companies for government contracts is it okay to pay workers less and drive down conditions by setting up a framework allowing employers to do what they want? No, this is shameful and hypocritical.
Yet when a state government hires employers who provide more decent conditions for their workers, the Howard government tries to make out they are criminals.
It seems the “freedom of association” provisions are only as good as those who interpret them. If it’s good enough for Howard to tender to companies who want to force workers onto lower wages through AWAs, it’s good enough for the Bracks government to sub-contract to companies with union-negotiated wage agreements that maintain workers’ wages and conditions and protect entitlements.
[Tim Gooden is the Secretary of the Geelong Trades Hall Council.]
From Green Left Weekly, September 28, 2005.
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