THE release of a review into Western Australia’s industrial relations system has attracted a swift response from unions and industry, with claims from the former that the report’s recommendations signal a return to the Howard government’s WorkChoices.
THE release of a review into Western Australia’s industrial relations system has attracted a swift response from unions and industry, with claims from the former that the report’s recommendations signal a return to the Howard government’s WorkChoices.
Commerce Minister Bill Marmion announced that, of the 193 recommendations in the Amendola report (commissioned by former treasurer Troy Buswell), 113 would be “easy to adopt”, while the rest of the recommendations were contentious enough to require stakeholder consultation before receiving cabinet endorsement.
Mr Marmion said the key recommendations would harmonise the state’s industrial relations system with the federal Fair Work Act (2009), while retaining independence for WA.
“By retaining the West Australian system, we have the flexibility of having an industrial relations system that meets the expectations of West Australians,” he said.
As the number of workers under state IR laws has been reduced to 30 per cent with the advent of the Fair Work Act, Mr Marmion said there was an oversupply in the Industrial Relations Commission workforce and ‘streamlining’ was a major part of ‘harmonising’ the state’s IR system with that of the Commonwealth.
The Chamber of Commerce and Industry WA broadly condemned the government’s response, saying it falls well short of what the WA business community needs and will lead to employers being burdened with laws that are bad for business.
UnionsWA boss Simone McGurk said the intricate issues resulting from the review would affect the disputes resolution process.
“One of our big concerns about the changes to the WA Industrial Relations Commission is that they are proposing referring a number of those powers off to various courts, but also there is an ability to award costs in the IRC, and the way the system has worked has meant it has been a user-friendly environment,” she said.
“If costs can be awarded in that jurisdiction, people will think twice about taking their case to be heard.”
State opposition leader Eric Ripper echoed the UnionsWA concerns, highlighting the changed to the IRC’s jurisdiction as a major issue, as well as the potential introduction of individual contracts for employees.
“I call on the Barnett government to immediately rule out a return to individual agreements, which we know have a devastating effect on workers and their families,” Mr Ripper said.
“This is the start of the fourth wave of industrial relations attack in Western Australia.”
Mr Marmion outlined the two key reforms he would be supporting: the right of entry provision (which refers to employers and employees rights to enter workplaces for discussions with counterparts); and unfair dismissal for small business owners.
Ms McGurk also noted these two reforms, but highlighted immediate concerns.
“They are not ruling out individual conditions of employment, they are not ruling out reducing the powers of the IRC, they are not ruling out reducing awards and importantly they seem to be saying they will remove unfair dismissal protection for thousands of people employed in small business,” she said.
Mr Marmion said the government did not hold a strong position on the Amendola report as yet and would be looking to the unions and peak industry bodies such as CCIWA to contribute before presenting legislation to parliament in the second half of next year.
Ms McGurk said the one clear message from the government’s stance was that the Barnett government planned to introduce the “worst features of WorkChoices”.
“People can take away from this report and the government’s response that WorkChoices is alive and well in WA and is exactly what this government wants to introduce for WA workers,” she said.
