CCF has joined a number of other employer organisations in raising serious concerns in relation to the Fair Work Bill introduced by the Government last year.
CCF has joined a number of other employer organisations in raising serious concerns in relation to the Fair Work Bill introduced by the Government last year.
A Senate Committee is currently inquiring into the Bill. The inquiry is important as the Government does not control the Senate and it may be possible to seek some reform which will improve the new arrangements.
There are two major aspects of the Bill of concern to members. Firstly, the changes in the bargaining arrangements and secondly changes in the Right of Entry provisions. In both cases there is enhanced power to unions at a cost to the ability of employers to either bargain or deal with matters directly with their employees.
Unions have gained considerable powers in relation to agreement making. Collective bargaining is at the heart of the new agreement framework. The new Bill abolishes the concept of employee collective agreements and union collective agreements. Non union agreements will only be possible where there are no union members or where the union chooses not to be covered by the Agreement. Where an employee is a union member and they do not appoint a bargaining representative, the union will automatically become their bargaining representative ie by default.
We have argued strongly that members must be allowed to negotiate directly with their own workforce without the imposition of a union and that any appointment of a bargaining representative must be a positive act.
Secondly, the Right of Entry provisions provide greater access to unions. We have fundamentally argued that right of entry must be linked to having a member on site and that inspection of any records or documents if they don’t relate to a member must be on an order of Fair Work Australia (like the current provisions).
There are a number of other provisions in the Bill of concern, such as new rules about transfer of business and as yet unresolved decision about what specific laws will be kept for the building and construction industry.
Please click here to view a copy of our submission