The following abridged letter from Zwelinzima Vavi, general secretary of Congress of South African Trade Unions, was handed to the Australian High Commissioner on June 13.
Workers' interests in Australia are being increasingly undermined. The right-wing government has now become a serial offender against the principles that sit at the heart of the International Labour Organisation's core labour standards. Unions internationally, and global union federations, have been forced to embark on a campaign of mass solidarity to assist Australian workers to counter this offensive threat.
In particular COSATU notes with deep concern that the passage of the Workplace Relations Amendment (Work Choices) Act 2005 has substantially exacerbated Australia's longstanding failure to comply with its obligations under ILO Conventions 87 (Freedom of Association and Protection of the Right to Organize) and 98 (Right to Organize and Collective Bargaining).
We are concerned about Australian compliance with Convention 87, which is centred on the right to strike, an integral corollary of the right to bargain collectively.
COSATU has been critical of the Australian law in the following respects: industrial action cannot be taken in support of multi-employer agreements; the matters which may be the objectives of industrial action are restricted and do not extend to claims for strike pay; and all sympathy action, even in support of lawful industrial action, is prohibited.
As from 1 July, radical changes to the labour laws will take place. For example, a company in Australia can impose the same individual contracts company-wide to all its employees, with no negotiations. It can strip away established conditions, including penalty rates, shift allowances, overtime rates, certainty of hours and protection for established conditions. It can waive the threat of dismissal over their heads if they don't sign.
It is shocking that union activity is being criminalised and union members attempting to bargain for unfair dismissal-activists are being sacked wilfully. Although they may be given other reasons for dismissal, we know now that when union members agitate for a collective agreement or stand up against unsafe practices they are increasingly targeted.
In Australia today, industrial lawlessness on the part of the employers is rampant. These laws are not fair or just. They not only fail the test of ILO standards, they are an assault against the working people of Australia and they are not a legacy we will leave to the working class of the future.
From Green Left Weekly, June 28, 2006.
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