Nikki Ulasowski, Perth
"The workers' compensation legislation in this state is the worst in Australia, and what's being proposed will make sure that it remains the worst in Australia", Kevin Reynolds told Green Left Weekly on February 10.
Reynolds is the Western Australian secretary of the construction division of the Construction, Forestry, Mining and Energy Union (CFMEU). He was commenting on the WA Labor government's proposed changes to workers' compensation legislation, made public by employment protection minister John Kobelke on January 29.
Reynolds highlighted two areas of the proposed changes that were problematic. "We're concerned about the government's move to try to reduce the ability for workers to take common law action. We believe that a lot of workers would be better off without common law but that needs a system where there is no cap on the maximum that they are able to get."
Reynolds noted that in NSW, where it is hard for workers seeking workers' compensation to access common law, there is no cap on their entitlements. "If you're a 30-year-old and you have a serious accident and you can't go back to work, you can stay on workers' comp until you are 65." In WA, however, once the maximum $135,000 payment has been exhausted "you're on the scrap-heap", said Reynolds.
Maritime Union of Australia WA assistant secretary Ian Bray also believes that the proposed legislation "doesn't go far enough in the cap". He said that the WA MUA leadership believes "there should be no cap for workers who are injured. What that means is that if you have a severe injury at work, that exceeds six or eight weeks, they can take you off the pay because it exceeds the cap.
"What we're saying is that you should be eligible to stay on compo on full entitlements until you are fully recovered. That needs significant overhauling."
Reynolds also explained that "under the current legislation, after four weeks on workers' compensation you step down to 85% of your wage — now that's the worst in Australia. Even in Tasmania it's 13 weeks, in NSW it's 12 months, and this government is proposing to introduce eight weeks, so that is still five weeks behind Tasmania!"
Bray added that the union wanted to include journeys to and from work in the legislation. "That is a very real issue for our workers. More than 50% of our members are exposed to hazards on the way to and from work and aren't covered by the compensation."
The unions have begun discussions with Kobelke over the proposed legislation. "We told him his proposals stunk, that we weren't going to go along with it and if there weren't changes we would be campaigning", said Reynolds.
Bray also added: "The campaign needs to be stepped up and that means large protests. It may be the protests are in the forms of marches and media saturation to bring awareness of what we are trying to achieve as a union movement. It could follow all the way through to debate over preselection and who's seeking it in the upcoming [state] elections in 12 months."
From Green Left Weekly, February 18, 2004.
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