Why the IR changes Frighten Me? (Pt1)
The press has been awash with the changes the proposed Industrial changes will bring. The unions have certainly begun the debate but the government has poured tens of millions of dollars to promote the legislation.
I'm trying to wrap me brain around it all but this is a little of what concerns me so far ...
1. Unfair dismissal of all workers -
All workers will be able to be dismissed on grounds that include "the operational requirements" of the employer's business. That is, employees who are dismissed for arbitrary and invalid reasons based on their conduct will be excluded from taking unfair dismissal proceedings provided the employer can show that at least one other reason for dismissal was the operational requirements of the business. [SMH]
2. Unfair dismissal from small buisness -
I always thought unfair is unfair! The Government will amend the federal laws to remove protection against unfair dismissal for employees of small and medium business — roughly half of all employees. It will even make it illegal for collective or individual agreements to protect workers against unfair dismissal. [The Age]
3. It's unlawful to sack someone for not signing an Individual Work Agreement but... -
If you are sacked, you can go to the Industrial Relations Commission to seek reinstatement, but it can only mediate. In the end, sacked workers can enforce the law only by a costly court case, which could only be afforded if one has a job! [The Age]
4. Right to sue for unfair dissmissal -
It will be more difficult to successfully sue for unfair dismissal when employees are forced out of employment, by placing the burden on them to prove that they were constructively dismissed (or forced to resign). [SMH]
5. Faliure to protect minimum employment levels -
The government states that workplace agreements "need simply set out how the new agreement will either change or remove [allowances, penalty rates, shift/overtime loadings, rest breaks, etc] in that agreement". [SMH]
As I struggle with these changes there could be more ...
I'm trying to wrap me brain around it all but this is a little of what concerns me so far ...
1. Unfair dismissal of all workers -
All workers will be able to be dismissed on grounds that include "the operational requirements" of the employer's business. That is, employees who are dismissed for arbitrary and invalid reasons based on their conduct will be excluded from taking unfair dismissal proceedings provided the employer can show that at least one other reason for dismissal was the operational requirements of the business. [SMH]
2. Unfair dismissal from small buisness -
I always thought unfair is unfair! The Government will amend the federal laws to remove protection against unfair dismissal for employees of small and medium business — roughly half of all employees. It will even make it illegal for collective or individual agreements to protect workers against unfair dismissal. [The Age]
3. It's unlawful to sack someone for not signing an Individual Work Agreement but... -
If you are sacked, you can go to the Industrial Relations Commission to seek reinstatement, but it can only mediate. In the end, sacked workers can enforce the law only by a costly court case, which could only be afforded if one has a job! [The Age]
4. Right to sue for unfair dissmissal -
It will be more difficult to successfully sue for unfair dismissal when employees are forced out of employment, by placing the burden on them to prove that they were constructively dismissed (or forced to resign). [SMH]
5. Faliure to protect minimum employment levels -
The government states that workplace agreements "need simply set out how the new agreement will either change or remove [allowances, penalty rates, shift/overtime loadings, rest breaks, etc] in that agreement". [SMH]
As I struggle with these changes there could be more ...
posted by Jeff at 5:55 pm
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