Warning on intrusion by stealth
THE state’s peak business body, the Tasmanian Chamber of Commerce and Industry (TCCI), has warned that the commencement of new workplace laws from July 1 will lead to greater union intrusion in the workplace.
Indeed, hours of the legislation being enacted hospitality workers lodged majority support applications with Fair Work Australia against six high profile hotel chains, demonstrating the reality of business’ concerns.
The TCCI is particularly concerned at the impact of the expanded unfair dismissal provisions that give unions automatic involvement in the agreement-making process.
The TCCI’s chief workplace relations officer David Dilger said the expanded unfair dismissal laws and the privileged place unions have been given to be an automatic part of the process, was a particular concern.
“While the Fair Work Act professes to be about increasing flexibility for business, I doubt whether it can provide enough flexibility in the labour market to increase productivity and be a driver for sustained economic recovery,” Mr Dilger said.
“In Tasmania, where there were so many impediments to job creation for the business sector, the TCCI is worried restricted bargaining practices controlled by unions will mean that opportunities to improve performance, efficiency and employment will be further reduced.
“There is no doubt that the changes mean all workplaces will become more exposed to union pressure than ever before.
“There is a big difference between being able to invite a union into the agreement process and having it exist by default.”
Mr Dilger said while businesses had been provided with advance warnings on some issues such as unfair dismissal and agreement-making, the continued practical effect of a number of changes in the proposed Fair Work Act was likely to go further than anticipated.
He said the immediate lodging of a claim by the Liquor, Hospitality and Miscellaneous Workers Union provided employers with an early view of a new and lop-sided industrial world.
“This is unfortunately the new reality that business faces under Fair Work. One day into the new legislation and the unions took a swipe at their biggest targets. Employers must fear that the worst is still to come.”
“While the applications had yet to be heard or determined by Fair Work Australia, majority support applications were the precursor to towards compelling an employer to engage bargaining with unions.
“This is clearly a case of unions flaunting their new legislative muscles. We remind the union movement that this is not a time for posturing or seeking retribution against employers who previously refused to enter into union agreements.
“A further worry is the ability of unions to make themselves a party to agreements solely because they are a union and not based on a request from the majority of employees. This should highlight to everyone how far this legislation actually goes,” he said.
“The TCCI acknowledges that voters wanted change at the last federal election, but we are concerned that the reforms have swung the pendulum back too far.
“This will make it extremely difficult to achieve the genuine workplace reform, and productivity gains that are in the interests of employees and the economy. ”
Mr Dilger said the economy needed some serious investment, and eroding the confidence of the business community was not the way to provide jobs for Tasmanian families.
“Both employers and employees need to work collaboratively to foster an economic environment for growth and jobs. We must all share an objective of creating more jobs and prosperity.
“At this time of economic stress the union action is not good news for jobs,” Mr Dilger said.