What would fair and balanced Australian workplace laws look like to you?

Question

Julia Gillard - Shadow Minister for Employment, Industrial Relations and Social Inclusion

Answer 1

We all know there are lazy and troublesome employees, but there are also some dreadful bosses out there! Just because someone runs a business does NOT mean they are going to be law abiding and respectful of their employee's rights.

The law needs to take both these things into account.

Employers should NOT have to be stuck with an employee who is unsatisfactory, troublemaking or just doesn't 'fit' the workplace.

BUT, an employee who does their best, is honest and hard working shouldn't just be dumped because the employer wants to hire someone better looking or just wants a break from paying wages this week.

Balanced workplace laws would take both these factors into account.

Additionally, the role of collective bargaining is very important for many people in our community, and workers should be able to choose to negotiate terms and consitions with their employers through their trade union or other labour organisation, if they wish.

At the same time, given the changing employment marketplace and trends in the way people think about the place of work in their life, it is also important to make it possible for people to negotiate directly with their employer, and to have access to good advice and information to support them in doing this.

It's time the Australian workforce and our employers stopped thinking of each other as enemies. Neither of us is going to get very far without the other, we need to work co-operatively to achieve the best results.

We need legislation to reinforce a spirit of co-operation and goodwill, not to create artifical adversarial situations from which no winners can reasonably emerge.

Cheers :-)

Answer 2

A fair and balanced industrial relations system would remove this nonsensical situation which allows employers to terminate an employee and then rehire them on inferior conditions. Once a contract of employment has been signed both parties should stick to it.

Unionism should be permitted in every workplace. However, union powers should be looked at and in some instances revisited. The bully boy tactics seen of late, particularly in the blue collar sector, should be a thing of the past. For too long these unions have held too much power and too much influence. This must change.

Small business is another minefield. Under the old system small business owners could be taken to court for unfair dismissal when an employee was clearly unsatisfactory and their employment should have easily been terminated. Under the new system they can terminate an employee for any reason whether it be fair or not and the employee has little or no protection. There needs to be some middle ground that is fair to both sides.

Answer 3

Ms Gillard. Thank You For Asking This Question.
To Me A Fair And Balanced Workplace, To Me Is A Place Where Everybody Has Fair Rights.
Not Being Threatened To Be Sacked Just Because You're Not Happy With Your Pay Or Complaining About Your Workplace Conditions Or Even Forced To Do Unmentionable Things Your Boss Tells You To.

Thank God For The Workplace Onbidsman.

Answer 4

Basically just that - fair & balanced.
Protections for workers built in to protect workers against exploitation, discrimination, victimisation, UNFAIR dismissal, unsafe work environments etc.
I think there needs to be an independent umpire with real power.
I realize this is going back to what sort of was but I feel that if Howards Workplace reforms stay in place we will just go back further to the early days of unions & the violent, bitter clashes that occurred between unions , employers & strike breakers.
Unions have their place & are only as strong as their members.
The excesses that the union movement are accused of only became possible because the economy was strong, there was low unemployment & workers were earning a reasonable wage.
Employers were willing to agree to almost anything to keep production up & if you spoil a kid you get a brat. The unions became a big brat.
Its interesting to look at who is paying for a lot of the adds that support Howard's industrial reforms - chambers of manufactureres, farmers federation, retailers associations. Could these groups be described as employer unions?
Its a fact that if workers get a fair go unions loose power very quickly.
Put in place a fair system & no-one will have to worry about the power of unions. They'll become workplace social groups.
But put people in a situation where they are not getting a fair go or are being exploited & its the nature of Australians particularly that they will fight back & then we will be back to the bad old days with a vengence

Answer 5

OK, so in the real world we all know that not everyone can be pleased. That is why there is always such controversy over any government decision made. All we can aim for is the fairest overall result.

Employees need security. The average person spends most of their time stressing about money, housing affordability and their future. A fair minimum wage and an unfair dismissal policy would be a good place to start.

But we have to remember business makes up a large part of the voting citizens. So we also need to reassure employers that they are not stuck with lazy, unethical employees. That there is a course of actions to be taken (responsibly) that can insure they have high integrity staff members.

Safety, security and stability is what most Australian's want. We are not a high pressure nation. People aren't greedy in comparison to many of our world neighbours. They just want a fair go.

We all need to look after one another. A country is a very fragile eco-system that needs to have balance. We may not be able to have everything we want as honest, working Australians, but we sure can do with a fair workplace. Our rights should be protected, but I believe so should companies rights. After all, a successful company (with boundaries) will benefit us all in the long run.

Answer 6

They would look like the current workplace laws. Without penalty rates I don't have to worry about my employer trying to convince me to work overtime, like back in the 90's for a few extra dollars. I'd prefer an overall wage increase. As for getting sacked, well thats the nature of the beast. If they don't want me I'll find someone that does. As long as the economy is strong I won't have trouble finding another job. Anything that is going to put the brakes on the current economic conditions is a bad thing, and the mining boom is driven by the current IR laws. Housing is the real problem, not IR laws. The day I can afford to buy a house in this city will be a great day. Do something to bring the housing price down and nobody will care about those penalty rates, etc.

Answer 7

The very fact that you say "laws" disappoints me.

Regulations is a preferable term, as many people are in many different situations. Surely you have heard of how say, small businesses and the older generation of the working class that continue to work have different needs. If you are going to continue with fair and balanced workplace laws, you will need to make it function for everyone. It must allow for flexibility for those who want it, but it must not allow the employer or the employee to be taken advantage of.

Fair and just laws, or better yet, regulations or business standards/conventions, will have the benefit of decreasing the unemployment rate. It will make trades more approachable, as the working class is the one that has the highest element of risk when it comes to steady and fair employment here in Australia.

The Laws should not require any special Commission to judge what is fair and what is not- it should be easily accessible to the public,and it should be in a plain, simple language. There would be no need for a special commission to see what is fair and what is not- it should be contestable in a court of law, with the appropriate penalties. This will deter offences as it will be more "criminal" as opposed to the term of "creative accounting."

Fair and balanced workplace laws should not discriminate in any way. Unfortunately, whilst there are workplace training programs, there is discrimination against the aged and others who seem to be "less effective" employees. Everyone has the right to the fair go. A basis for this "sound business", (where those with a tendency to get injured might get fired even when afterwards they might effectively work for decades) is in the hospital system. Improve this and waiting times in particular, and layoffs will significantly decrease.

This might not seem directly related, but it is. This would affect how the laws would be phrased. Likewise, the effect of hiring employees out of Australia should be considered. If there is suitable labour nearby, it would jjust to consider them first.

Finally, unions. If there are proper workplace laws, they will no longer be needed. But, you must remember that employers have the priorities. Workplace laws should allow these priorities to be fulfilled without unfair treatment to employees. There should also be something separate for farmers and possibly for the military and police forces, if they are in dangerous situations.

P.S: Shadow Minister Gillard, do understand what must be done on the federal level and what must be done on the state level. And, here is a great piece of advice... Tell the truth. Even if you have policies that are worse, the people want a honest politician. Or better yet, an entire party. Be completely honest and it will humanise you. Those that say that is a bad thing should be reminded that this a democracy and that everyone fails sometime. An honest image will keep you power, maybe even by sheer gratitude and would send an excellent message to the opposition and to nations all around the world.

If you, or anyone else in your party needs advice and has the guts to ask me, do not hesitate to do so. I know more than anyone thinks. With politics, things rarely change.

Answer 8

Bring back the unions. In the time that I have been working, the impression I have gotten from my employers is that being a union member is not on and you will be penalised for mentioning it to colleagues by not getting promoted no matter how hard you work. The last place I worked for started putting new employees on contracts which require them to work a minimum of 2.5 hours overtime a week and if you did anymore than that tough titties they wouldn't pay you the overtime. (This is not a small business, this is a multi national conglumorate making millions of dollars a year) My boss at the time said that WorkChoices would be the death of the employee rights and it is certainly turning out that way.

I feel that the truly small business ie less than 10 employed people should have the right to hire and fire at will. Businesses which have more people should NOT be able to do this. I work in an extremely small business ie 2 people employed and my boss should have the capacity to hire and fire me at will (not that they would - workers are too hard to find in this state WA).

I would the minimum wage to be increased as one person pointed out the lowest paid jobs are the dirtiest, hardest jobs to do. For someone to do them, no matter how desperate they are, the wage should be some incentive to applying for the job and get of the dole.

The unemployment rate should accurately reflect the number of people in permanent employment NOT the casual or part time employed.

I also worry about the way this country is going. I have two kids who by the time they will be old enough to work we will have an American system where the rich get much richer and poor will continue to get poorer. And this will happen if WorkChoices is continued. My kids will never buy a house/unit/apartment because the wages will be too small to be able to do it.

Long Live the ALP and the unions.

Kevin 07

Answer 9

one that repays the capital of the worker [the time they have]adequately by the worker being able to afford to purchase a home as well as enjoying a time of leisure.
But Wayne Swan said Australians will have to work longer hours, so it looks like the above is out of the question.
until we have a democratic system, and that is inclusive and not one that is for the sole support of party members and those owed favours, we will see the continuance of the fraud that this economy is booming.
It may be okay to con most of the people that the ALP can do any different but the facts are the ALP does not have amongst its ranks those with the depth of insight to alter the course we are on. This has been the most gutless election in History.
In fact if one joined the ALP the one way of being booted out is to actually have ideas that can be articulated that challenged the local incumbant, thus AUstralian politics has become an inclusive little family club there are no differences between the Liberal and the ALP its a joke.
Until one of them grasps the factor, that the whole of the work and social values paradigm is based upon two matters the incentive to gain capital IE ownership of a home and some time to spend with family and friends and when women with babies can stay at home until the kids grow up and play mum if she wants..
Because the ALP is to gutless to take on this issue it no longer represents the workers, I do. The ALP is just as guilty for the inflation of the cost of homes and rents as the Liberals, in due course once I have finished my book Coopracy and Universal capitalism 21st century stuff the notion that the ALP is the workers friend will be shown for what it is, a lie, in many ways the unons hate workers I should know I was in the construction ind for years I have been the victim of union bullies, so has my son. Bosses have never been a problem because I did my job.
It is also a kind of myth that the ALP is full of unionist, in the union they may be, but the have never been part of the workforce they are there because it is an easy road to easy money the fact that the ALP does not allow those with true insight into its ranks means that it is a party of the past and like the Liberals this is the begining of the end for these archaic institution, if you are allowed to read this mark these words; because non of you have identified the actual problem of workers or of climate change I do not mean either the political one or trade considered one I mean something non of you are aware of, you are both setting yourelf up for a fall.
I have solved part of the problem of climate change economics this is a fact that I am happy to debate with any environment minister or treasurer in public any time but eh we don't do debate in Australia we do policy forum days.
I know the ALP has participated in stopping those very means to lower emissions. I can show how i has been involved in making it hell for fture workers, I know its policies are so economically flawed one must question the actual schooling of those in the ALP and the Liberals who are pushing these very immature copy cat policies.
It will take years to alter the course of the economic calibrations so that once again workers are better served by their occupation and there is nothing comng from any one in politics but fraudulent symbolism that are premised on a lie. Google Coopracy the future is nigh . join me.

Answer 10

All workers jobs in a business are at threat by co-workers not performing or stealing or doing other things costing the employer time and money. As a small business owner I do not get paid. The money left over is what we live off. Employees taking time off, being slack, stealing, not working at a minimum standard are all detrimental to the business and my income. Employees would not put up with bosses taking money out of their wallets. So why should small business owners have to put up with it.
Fair workplace laws require the ability for small business to be able to hire and fire people as required to ensure the survival of the enterprise. The majority of businesses operate legally and ethically. The majority of employees also work legally and ethically. Fair workplace laws are required by business and workers to protect each group from the minority of employers and employees that will flaunt the laws. Non compliance by employers and employees occurred before Work Choices, during Work Choices and will continue long after Work Choices is gone.
The most successful businesses are those where the employer and employees work together as a team to achieve the best result for the business. If the business is successful the employees keep their jobs. If the business fails the employees are out of work. Sorry but that is the way it works and no union can change it.

Answer 11

You need to find an even balance if there is any such thing, as you can't have it all the workers way or big companies will disappear and then jobs will be lost. But if a even balance isn't found and its all the boss's way, then the people are really going to struggle to make ends meet, let alone the stress levels will rise and families will suffer.
Why not get both adult members working part time?, for example 4 days work and 3 days off?. This way the women also get out and work and the men get to do their bit for the family and spend time with the children?. The only negative with this is the 4 week holiday that everyone is use to. I think it worth thinking about having a 2 week holiday for everyone, due to the fact that if you take on this approach, they will be having 3 days off a week. With both partners working 4 days each, this will give couples a 8 work day income a week. The couples can also choose to work the same days as their partner or work the opposite days to their partner.