New Howard Govt Law Threatens Right Of Employees To Union Representation

From ACTU http://www.actu.asn.au/public/news/1101960964_22337.html
02 December 2004
Employees faced with unsafe or unfair workplaces will find it harder to access information, advice and support from unions under new laws introduced into Parliament by the Howard Government today.
Commenting on the proposed new ‘right of entry’ laws tabled in Federal Parliament today, ACTU President Sharan Burrow said:
“The very important role that unions play in the community by ensuring workplaces are safe, advising employees of their rights and entitlements and representing union members will be threatened by the Government’s new ‘right of entry’ laws tabled in Parliament today.
Industrial organisers and staff of unions visit workplaces to check their members are safe and to view pay records to ensure employees are being paid according to the relevant award or agreement.

This is part of the day-to-day work of unions and is a fundamental human right.
These unnecessary and intrusive new laws will disrupt this important role and infringe on the right of employees to be effectively represented by unions and to be free from exploitation or abusive work practices.
Employers that have nothing to hide and are happy to allow unions to enter workplaces do not need these new laws. Blocking unions from visiting workplaces will hide from scrutiny bad bosses that underpay or harass their staff and protect sweatshops that overwork people.

Worrying aspects of the Bill include:
A cumbersome and rigid set of requirements for unions seeking to enter workplaces including giving unnecessarily detailed information in a written notice.

Lifetime bans from visiting workplaces for union officers that infringe the law’s strict requirements - a more severe penalty than most drink drivers.

A limit on visiting workplaces to sign up new union members to just twice a year - this is a major restriction on the fundamental right of employees to join a union.

A ban on including ‘right of entry’ provisions in Certified Agreements even when employers consent to union access.

Limitations on the application of State right of entry laws. This will complicate rather than simplify existing State and Federal industrial regulations.

Allowing employers to determine where discussions between employers and employees are held. This could mean discussions are held next to the manager’s office and could stop employees raising personal or sensitive issues such as bullying or harassment.

This proposed new law is clearly an important part of the Howard Government’s radical agenda for workplace relations. It is designed to prevent unions from entering workplaces so that other aspects of their agenda such as casualisation, low pay, job insecurity and the erosion of basic entitlements can take place hidden from view.
This is a fundamentally flawed and dangerous piece of legislation that should be rejected by the Senate and withdrawn by the Government.