Fair Work Act

If Labor wins government on May 21 unionists must press for the right to strike, argues Chris White.

While essential workers kept society running through the pandemic, governments and bosses worked assiduously to undermine their pay and conditions. Federico Fuentes reports.

Attorney-General Christian Porter has made it easier for employers to take advantage of the economic crisis brought on by COVID-19, writes Lisbeth Latham.

The Sydney University branch of the National Tertiary Education Union (NTEU) held a forum on campus on June 13 to discuss how to organise to rewin the right to strike.

Professor John Buchanan, from the University of Sydney Business School, told the forum: "The current Fair Work Act (FWA), introduced by the previous Labor government, is the second worst industrial relations legislation in Australian history, after John Howard's Work Choices.

In response to the decision by the Fair Work Commission (FWC) to order Sydney train drivers to suspend their planned 24-hour strike on January 29, ACTU secretary Sally McManus declared: "The right to strike in Australia is close to being dead."

The time has come to scrap the misnamed Fair Work Act (FWA) and introduce genuine pro-worker and pro-union industrial relations legislation in this country.

Rising pressure on federal employment minister Michaelia Cash to resign over her cover-up of the illegal actions by former Australian Building and Construction Commission (ABCC) head Nigel Hadgkiss merely underlines the fact that Australia’s industrial relations system is badly broken.

Compensation paid to 7-Eleven workers by 7-Eleven's head office has so far reached $110 million — an average of $39,000 for each of the 2832 claims by workers who were underpaid by franchisees.

The payout is much greater than fines that could be imposed under existing laws, raising questions about whether the federal government's proposed law to protect vulnerable workers will go far enough in holding similar conduct to account.

CFMEU members and police

The Australian Building and Construction Commission (ABCC) and Registered Organisations bills passed in the House of Representatives on October 18. These bills, first introduced by the Tony Abbott government in 2013, were twice rejected by the Senate, triggering the double dissolution election earlier this year. 

This is the latest attempt to extend the John Howard era’s union busting agenda. The ABCC was first established by the Howard government in 2005, targeting the militant unions that covered workers in the construction industry. It was opposed by the union movement.

The federal government has published a proposed law to restrict the rights of firefighters and other emergency service workers. The new law will amend the Fair Work Act to ban enterprise agreements covering workers employed by a “designated emergency management body” from containing “objectionable” terms — including requirements for management to consult with the relevant union.
Mass meetings of members of the United Firefighters Union (UFU) on July 26 voted to endorse in principle two proposed enterprise agreements negotiated with the Victorian state government. One agreement covers workers employed by the Metropolitan Fire Brigade (MFB), while the other covers the Country Fire Authority (CFA). The two agreements provide for pay rises and cover a wide range of other issues including rostering, staffing levels and occupational health and safety.
Prime Minister Malcolm Turnbull said he will amend the Fair Work Act to make it possible for the federal government to block the proposed new enterprise agreement for firefighters employed by Victoria's Country Fire Authority (CFA). Turnbull said he will introduce legislation in the first sitting week of the new parliament to expand the list of "objectionable terms" that cannot be included in enterprise agreements.