Federal and State IR Systems Dave Robinson UnionsWA

UnionsWA Council Resolution UnionsWA’s position in relation to a unitary national industrial relations system is that: Any such system must not diminish the rights and entitlements of employees and their unions in representing them; Any agreement between the states and the commonwealth must ensure stability of the system and only be subject to change following an agreed majority decision of the states and the commonwealth; Should agreement be reached on a new national system then members of the WAIRC should be incorporated into ‘Fair Work Australia’;

A strong award safety net A broad safety net exists which; is regularly adjusted so that it remains relevant to market conditions and community standards; extends to all categories of employees; can deal with matters beyond those contained in the standards list; and for award free workers includes orders of general application.

A robust good faith bargaining system The law: protects the right of employees to bargain in good faith with their employer (or a group of employers) on any matter they choose; and allows employees to take protected industrial action in support of bargaining provided the action is democratically authorised, notice is given, and the employees are engaged in good faith bargaining.

Effective dispute resolution procedures An independent body exists able to utilise the full range of dispute resolution process and arbitration and: can determine disputes about entitlements arising under the safety net; can determine disputes about industrial matters; can determine bargaining disputes, where it is in the public interest to do so; and can determine disputes arising under a workplace agreement (unless a different dispute resolution procedure is agreed).

Protection against unfair treatment An independent tribunal exists to; review the contracts of employees and other workers for unfair terms and conditions; review the fairness of dismissal for all employees, without any qualifying period; and review awards and workplace agreements to ensure that the principle of equal remuneration is respected.

Protection of freedom of association The law protects employees’ rights to act collectively by: prohibiting all forms of industrial victimisation; prohibiting employers from offering employees inducements not to act collectively; providing access to rapid and effective remedies for breaches of employees’ right to associate; and providing for a cooling-off period before an employer may sue employees or unions for acting collectively.

Access to information and assistance The law: protects employees’ rights to seek advice at the workplace from unions; protects employees’ rights to receive assistance from properly trained and resourced union delegates; protects the capacity of unions to enter workplaces to enforce industrial laws, without undue restriction; and continues to allow State-registered unions to operate.