1. History  Australia has had a system for 100 years  It has respected the choice of employees of collective representation  Unions were recognised as the agents of employees for “bargaining” and by the institutions like the Commission for Conciliation and Arbitration

2. Australian context…  WorkChoices is perhaps now the most radical departure  Attacks by conservative Govt. have been on specific issues that arose were met by specific legislative responses –Limits on unfair dismissals, allowable matters, etc – over last 12 years  The basics of the Law were not changed

3. What was our system?  Unions were recognised  Members had rights to representation by their union  Unions could get Awards for every worker in a industry  Unions could make Agreements for all on pay and conditions  Industrial action was legal to support claims  An independent Court could hear cases and make local, or national industrial decisions  Anybody could run an “unfair dismissal “ case

4. There are international conventions  The right to freely associate  The right to collective bargain  Not just to engage in collective bargaining but the law should promote collective bargaining  Yet now… Australian laws have no mechanism to make sure employers respect the desire of their workforce to be represented in bargaining towards a collective agreement.

5. International conventions  No 87 protects the rights of workers to establish organisations to represent their industrial interests.  The right to organise  The right of workers to act in concert to protect their interests  The right that the union be recognised by employers

6. Australia’s ratification  Australia has ratified the ILO Conventions 87 and 98 in 1973  Yet Australia has never included an effective obligation on the industrial parties to bargain collectively

7. Australia was active supporter  These rights are rights we as a country have supported  They are rights we have propounded  They are recognised as fundamental human rights  They underpin the core labour standards

8. Australian law now: some details…  Now its all changed.  New law called WorkChoices. March 27 2006  The new law puts individual contracts above all other employment arrangements.  The new law calls these contracts Australian Workplace Agreements (A W A)  Collective arrangements are allowed, but they are worthless in the face of AWA’s  Employment generally now is on a take it or leave it basis  Employment is unilaterally determined by employer

9. Australian legal framework  Yet now… Australian laws have no mechanism to make sure employers respect the desire of their workforce to be represented in bargaining towards a collective agreement.  This is the radical nature of this law  What is the democratic right worth as it is especially undermined by the law

10. Current laws…  Employees may still choose collective representation and seek a collective agreement  But even if you make the choice – it is able to be trashed by unilateral employer action  Or holding a job, or getting a promotion, can now be conditional on taking an AWA  What is the point of your choice?

11. WorkChoices draconian..  “Unfair Dismissal” rights and reinstatement - all but abolished  Massive fines for Unions and workers for asking for “prohibited content”  If you ask for your agreement to have a day off for union OHS training, you can be fined  Building workers now have secret interrogations, fines and jail for suspected breaches of the law

12. Australia the “Serial offender”  The WRA and other Acts, have been the subject of adverse comments in relation to breaches of Convention 98  Failing to promote collective bargaining and favouring individual bargaining over collective bargaining  Permitting an employer to select with whom it bargains  Favouring workplace level bargaining over other forms of bargaining  Restricting the subject matter of agreements

13. The Reaction  Australian unions are as unified as never before. Campaign planning is systematic  Campaign has been the biggest in memory. Massive demonstrations.  Public opinion has swung against the laws  Unions are getting community support  New methods being tried. TV, Radio, polling, targetted seat organisers.  Unions now talking successfully to new “demographic”, Churches charities..etc.

14. The politics  Unions have decided to use a political strategy  the campaign is not about Us - the Unions  the campaign is about the Rights of any worker  the campaign is about …  “Your Rights at Work”

15. ….politics  Public Demonstrations  Education on the Message  Holding the government to account  daily stories on the attacks on workers rights  people who have been dismisssed  people who have had their pay cut overnight  people have been refused union rights

16. New Strategy needs New tactics  We have had to set up new structures  we have set up local union campaign committies  We have trained delegates and members on the issues  We have delegates working with community groups, churches...

17. More resources...  Unions have set up their own “targetted” seats campaign  employed special organisers in each seat  working to change peoples votes  we need to have 6% swing in all seats

18. We are working on a replacement model…  No statutory individual contracts, and the abolition of AWAs.  An independent Tribunal to maintain and improve the safety net, to oversee the bargaining system and to guarantee fair treatment in the workplace.  Rights of union membership and representation. The law retain the registration and eligibility rules, and legislation should uphold the role of unions in a free and democratic society.

20. The model…  Protection from arbitrary or capricious decision-making, and workers to have their grievances heard and determined.  Support for delegates in the workplace.  That rights and entitlements apply to all workers without discrimination, and that discourages artificial arrangements to exclude workers from the protections of the system.

21. More detail for a model law…  Provide that union membership should confer representational rights.  Union members should have the right to collective bargaining, and a general right to representation in discussions with their employer around matters such as grievances, discipline, enforcement of their terms of employment.

22. What would a new Act look like…  The Act should encourage good faith bargaining  The making of a claim to bargain should be open to workers, unions or employers.  Voluntary bargaining, including industrial action, should be available without recourse to the commission

23. What a new Act would look like …  Where a party is not bargaining in good faith, the commission should be able to make “good faith bargaining orders”  Where a party opposes the making of a collective agreement, the views of the majority of workers to be covered by the agreement shall determine the issue.

24. Where to from here  ACTU Congress in October  Policy to be debated in the meantime  The policy will be full policy, not just Bargaining system

25. Can, or why, should SPOCTU help?  Australian Govt. has big influence in Oceania  RAMSI, ECP PNG, etc  Australian officials are pushing Aust. Govt. policy in the region as condition of aid  These policies will flow if local unions are not vigilant.  Oppose these policies being adopted by your Govt.

26. Just a few things to do…?  Join our Demonstrations on 30 November  Get in touch with the ACTU  Hold a demonstration outside the Aust. Embassy or High Commission  Write to the Aust Govt. tell them you will oppose these policies in your country if Australia tries to enforce them  Get “your Rights at Work “ material distribute to your members