Resolution Australian unions – working for a better life

Australian unions aim to make the future better for our children and future generations.
We are committed to the needs and interests of all working Australians and their families.
We believe in fairness, justice, and respect for the rights of all people, here and across the globe.
We seek a society that fosters community and a collective approach, in which everyone is valued and respected for their contribution. Where equality of opportunity and outcomes is achieved irrespective of gender, age, religion, race or sexual preference.
We strive for equitable access to the benefits of society and to safeguard people’s democratic right to participate and have their say.
This Congress has endorsed a new union agenda for job security, workers’ rights and a better Australia.
This agenda builds on existing policies and the six priorities previously set by ACTU Executive: a voice for working Australians; improving wages and working; creating a fairer Australia; growing union membership; organising our workplaces, industries and sectors; connecting with our communities.
It addresses the following priority areas:
A plan for the future of work that gives workers:
• Safe, secure and rewarding jobs in sustainable industries;
• The right to organise and bargain collectively;
• Fair wages, pay equity for women, and family-friendly working conditions;
• Access to training, skill development and support throughout their careers;
• A rich and rewarding life outside work, including in retirement; and
• Jobs that provide greater security for individuals and for the planet.
An organising and growth strategy that:
• Safeguards and extends the same rights for all workers;
• Builds strong, democratic and growing unions which are effective in representing their members;
• Closely involves the wider community and other organisations on shared issues of concern;
• Is able to influence and achieve lasting political and social change.
A vision for a fairer society where:
• Everyone has access to good healthcare, appropriate housing, quality education and other essential community services;
• The lives of working people are made easier and our communities are strengthened through access to transport, communications, and public services;
• The most vulnerable members of the community are supported to enable their participation in economic and social life;
• Laws are applied equally to all citizens;
• Government plays a positive role in stabilising the business cycle to secure jobs and living standards;
• The economy provides benefits to the whole community;
• There is action to end the disadvantage for Indigenous Australians;
• Australia participates in international arenas to promote peace, security, human rights, labour standards and prosperity through fair trade arrangements; and
• There is strong and urgent action to tackle climate change.
Our immediate priorities are to protect workers from effect of the global financial crisis, to create the highest standard of OHS protections, and secure one set of laws with equal rights for all workers.
To deliver these priorities unions commit to campaign and grow. Unions will campaign in the workplace, the community and politically to improve workers’ rights and achieve a fairer society.

New IR laws are a major step forward for Australian workers

New industrial relations laws passed by the Federal Parliament today are a major step forward for working Australians and the nation.

The laws will provide working families with stronger rights and protection in the economic downturn, says the ACTU.

They give employees strong collective bargaining rights and represent the beginning of a new era of industrial relations that promises to be good for both working families and the economy.

ACTU President Sharan Burrow said the passage of the Fair Work Law marks an historic moment in restoring workers’ rights.

“After a decade of attacks on working people by the Liberal and National Parties the tide has turned,” said Ms Burrow.

“While the Liberal Party remains hopelessly devoted to WorkChoices, the Australian people want workers’ rights restored.

“Everyone involved in the Your Rights at Work Campaign and all those who voted against WorkChoices will be relieved to see the laws pass through Parliament.

“We can take pride in what we have achieved.”

Ms Burrow said the new laws would deliver:

• Genuine rights for workers to collectively bargain and be represented by their union.

• Unfair dismissal protection for all workers — with workers in smaller businesses having a longer qualifying period.

• A robust new safety net of awards and national standards, along with a fair and transparent process for setting minimum wages.

• An industrial umpire with the teeth to safeguard workers’ rights.

Gillard’s last-minute deal saves Fair Work Bill

THE Deputy Prime Minister, Julia Gillard, has stared down the Opposition to secure a last-minute Senate deal that will guard the Federal Government’s industrial relations legislation and complete the dismantling of the Coalition’s Work Choices system.

In an intense Parliamentary tussle, the Family First senator Steve Fielding switched sides yesterday to back the Government’s Fair Work Bill after Ms Gillard agreed to his request to phase in new unfair dismissal laws.

The deal leaves Labor’s legislation intact, including the central sticking point, the Government’s insistence that special unfair dismissal rules for small businesses should only apply to employers with fewer than 15 employees. It clears the way for the legislation – which introduces 10 minimum employment entitlements, creates a single workplace regulator and increase legal support for unions and collective bargaining – to start coming into effect on July 1.

Ms Gillard said it showed what could be achieved when people who opposed “the disgraceful Work Choices laws” and were committed to fairness worked together.

“What has been starkly revealed in this debate is the complete political humiliation of the Liberal Party, which stood in the way of the Australian people,” Ms Gillard said. “The Liberals failed to move one constructive amendment and are now consigned to the political fringes, where their extreme workplace laws have always been.”

The Opposition Leader, Malcolm Turnbull, said he had taken “a strong and principled stand” on small business unfair dismissal rules. He said the new law would destroy jobs because small business owners would be less inclined to hire staff.

Under Labor’s bill businesses with fewer than 15 employees can sack a worker within 12 months of hiring them without redress. After 12 months they will not face redress if they follow a small business fair dismissal code.

Late on Thursday Senator Fielding, the Opposition and the South Australian independent Nick Xenophon used their Senate numbers to extend these rules to more employers by increasing the threshold to businesses with fewer than 20 employees.

But under yesterday’s deal with Senator Fielding the figure will revert to 15 employees. Until January 2011 this will be calculated in terms of full-time equivalent employees. After January 2011 it will be a headcount of employees.

Senator Fielding said the deal buried Work Choices. “Family First voted against Work Choices because it was a dog; it was a dog that bit Australians harshly,” Senator Fielding said.

Earlier yesterday Ms Gillard and Mr Turnbull traded bitter accusations in Parliament.

Mr Turnbull said she was trying to make a “pathetic political point” against the Coalition.

“We are here … because the Deputy Prime Minister is so callously stubborn, so vain, so determined to get the last bit of political value out of this,” Mr Turnbull said.

Ms Gillard said: “Yes, we are stubborn in doing what we said we would do because we believe in telling the Australian people the truth. I can’t wait to see the bumper stickers from the Liberal Party for the next election: ‘Don’t vote Labor, they are too stubborn in delivering what they promised.”‘

Time is drawing near to VOTE NO

A Union message to all Sanitarium Employees

Firstly, we would like to wish all employees a very happy new year and we hope that 2009 brings you health, happiness and a company that respects your right as a union member.

You have now had the opportunity to hear from the management about the proposal for a workplace agreement at Cooranbong.  It is disappointing that as part of this process, Sanitarium management are still refusing your right to have your union, the NUW involved in the making of this agreement.

Every Cooranbong employee needs to be aware that the proposed agreement excludes the union from representing workers at Cooranbong.  No agreement is worth giving away your rights as a worker or to be refused your rights to union representation.

Sanitarium management are fully aware that the Rudd Labor Government is in the process of bringing in new and fair Industrial Relations Legislation so that no worker can be refused their right to have the union negotiate if the union has members on the site.  This is why under the Workchoices Legislation, the company are attempting to have a non-union agreement.  In the coming months, that will change.  The new legislation will bring a much needed balance to all employees in the workplace and by voting for a non-union agreement prior to the new legislation, will severely disadvantage every employee at Cooranbong.   By voting NO however to any proposed agreement, you will ensure that you will be covered by the new legislation in relation to being represented by the union and having your conditions improved and protected.

Apart from the changes to the IR legislation, the proposed agreement in its current form will reduce your pay and conditions over the life of the agreement.  This means that you will be worse off financially than you are today.  Why would anyone vote for an agreement that removes your rights and conditions of employment? Nothing has changed from what we have been saying to workers across the Sanitarium business since we have been meeting with members.  Everything we have said has been proven correct.  Berkeley Vale employees are now locked into a non-union agreement that has removed their working conditions and their right to be represented by the union. Don’t make the same mistake!  This agreement is no different in its intention and its desired outcome for Cooranbong management!

If you vote yes to the proposed agreement in its current form, here are just some of the conditions you will lose:

• Your right to be represented by the union in negotiations and over site matters
• Your Award conditions of employment (allowances, loadings and penalties gone)
• Your rights to be represented by the union in the industrial relations commission
• Your classifications and the applicable rates of pay which could be reduced at any time
• Appropriate shift loadings for certain hours of work
• Public holidays (in the case where certain holidays are specially gazetted by government)
• Take home pay if the company moves to monthly pay as allowed for in the agreement

We are available to have a ‘joint meeting’ with management in front of all employees so you can be sure of making an informed decision in any vote after hearing from BOTH sides in this important decision. Let’s see if Sanitarium Management have anything to hide!

VOTE NO to the Management Agreement

Introduction of the Fair Work Bill 2008

1. A new national safety net comprised:
o 10 National Employment Standards (38 hour standard week and no unreasonable overtime; parental, annual, personal, long service, and community leave; flexible work for parents; notice and redundancy pay; public holidays; and information on hiring) applicable to all employees regardless of their occupation, industry or level of seniority; and
o Modern awards that cover most (but not all) matters that have been traditionally regulated by awards in both the federal and State systems; and
o minimum wages for award free employees, set by FWA.
The laws guarantee that safety net will be regularly reviewed to ensure minimum wages and conditions are maintained and adjusted over time and adjusted having regard to economic factors, living standards and the needs of the low paid.
2. The restoration of unfair dismissal rights to employees denied them under WorkChoices, and the extension of unfair dismissal rights to other groups of employees, subject to employees having served either a 6 or 12 month qualifying period. FWA can look at the circumstances of the dismissal, including where the employer claims the dismissal was for operational reasons. In businesses employing fewer than 15 employees FWA will enquire whether the employer has complied with a new unfair dismissal code;
3. New rules regarding agreements and bargaining. The key features are:
o There will be collective agreements that cannot undercut the national employment standards and must ensure every employee covered by the agreement is better off overall that they would be on the award. There will be no new statutory individual contracts, although the phase-out rules allow existing AWAs to remain operative until replaced with a new agreement, even if they provide for conditions that do not meet the “better off overall test”. A union with a member can be bound by an agreement.
o Bargaining must occur in good faith. FWA can resolve disputes about the scope of agreements (ie who should be covered) and whether the majority of employees support bargaining for an agreement. FWA can make such orders as a necessary to ensure good faith bargaining occurs.
o Parties can bargain about a broader range of matters than under any previous laws, including matters that relate to the employer’s relationship with the employees or with a union that will be covered by the agreement, or about payroll deductions. Agreements must contain a disputes clause that provides for an independent party to settle a dispute, although the mechanism to resolve the dispute is left to the parties. There will still be restrictions on unlawful content. While the laws retain the existing uncertainty about whether a matter “pertains” to the employment relationship, FWA will not supervise this and agreements can be validly made that include (unenforceable) clauses about matters that do not pertain.
2
o FWA can facilitate multi employer bargaining for low paid employees. This includes requiring the employers, or other parties such as head contractors, who determine the employment arrangements of low paid employees to participate in multi employer bargaining. As a last resort, FWA can arbitrate wage claims in this stream.
o FWA can settle bargaining disputes where a party persistently breaches good faith orders, where low paid bargaining has failed or where harmful industrial action is occurring.
o There have been limited changes to the rules relating to industrial action, which can only be protected during bargaining, and only if authorized by a secret ballot. Secret ballots can be conducted prior to the expiry of the current agreement; and the acting in concert provisions have been removed. Pattern bargaining remains unprotected, but genuine bargaining at each enterprise for common claims is not pattern bargaining. Strike pay remains unlawful. Where the strike is unprotected employers must dock a minimum of four hours pay, where protected employers need only dock for the period of the stoppage.
4. New rights to be consulted and represented at work, and new protections against unfair treatment. Employees have a right to be represented and it will be unlawful to disadvantage an employee because they seek to be represented, to join a union, or are active in their union. Awards will provide for consultation and representation at work, and workplace agreements must provide for consultation and representation at work. Employees will have better access to advice at work as union right of entry cannot be overridden, unions regain the right to inspect non-member records to ensure the laws are not being breached and there are some new rules to prevent employers frustrating union entry
5. The establishment of a new independent industrial tribunal Fair Work Australia. FWA will: set and adjust minimum wages and awards; supervise good faith bargaining and industrial action; make workplace determinations in certain circumstances where bargaining fails; determine unfair dismissal claims and disputes regarding right of entry, stand down and transfer of business; and deal with grievances through mediation, or with the consent of the parties, through arbitration.
The new Fair Work Divisions of the Federal Court and Federal Magistrates Court will be given new powers to deal, in an informal manner, with breaches of awards, agreements and than national employment standards.

ACTU:TIME TO DELIVER YOUR RIGHTS AT WORK

Sneaky Deal Exposed!

STATE WAGE CASE 2008

The Grocery Products Manufacturing (State)Award Adjustments.

Sneak a non-union agreement “WE’RE NOT GONNA TAKE IT”

Sanitarium management intends to ignore the fairness principles enshrined in the Rudd Labor Government’s IR Legislation and in particular to ‘agreement making’ and to be able to be represented by your union if you choose.  Instead, by attempting to force workers into a non-union agreement now before the changes to the new legislation are enacted, it gives Sanitarium the thing that they crave for most; to avoid having to negotiate with the union and to wipe away the legitimate right the union has in representing members on site.  It will also give management the power again to do anything they like just as they did prior to your union’s involvement.

In short, Sanitarium are worried that if they don’t sneak through a non-union agreement now under the previous Howard Government’s Workchoices Legislation, they will be forced to negotiate with the union under the new Rudd Labor Government’s Forward with Fairness Agreement making changes.  The key points that Sanitarium want to ignore under the upcoming new legislation are:

Julia Gillard press club speech on the 17^th September 2008:

 

 

we’re not gonna take it.

WORKING CLASS HERO:

WHAT HAVE THE UNIONS EVER DONE FOR US:

posted on the blog in 1-11-07 by a worker

Just as we predicted, Sanitarium Management has now stooped to an all-time low by refusing workers their democratic right to have the union represent them after they ‘railroaded’ workers to accept a non-union agreement at Berkeley Vale. These workers by agreeing to accept a non-union agreement has allowed Sanitarium to prevent the union coming on site to represent or speak to its members. Cooranbong Management now intend to hurt their workers in the same way but you can put a stop to this by fighting back and supporting your UNION.

Let’s Never forget Sanitarium’s real agenda:

1. Get an unenforcable agreement where your rights and conditions can be taken away at any time after you accept the ‘Employee Agreement’.

2. There is little or no avenue for the union or the Industrial Relations Commission to intervene when the agreement is ‘breached’.

Employee Agreement = Your Rights Removed, No Representation, No Enforcement of the Agreement

UNION Agreement = Better Conditions, Rights Protected and Representation when you need it

Sneaky Sanitarium Plan Confirmed

WE WERE RIGHT JUST AS WE PREDICTED ALL ALONG….IT IS NOW CONFIRMED

The union (NUW) has stated previously that Sanitarium Management has a sneaky plan to force a non-union agreement on its employees before the changes to the legislation early next year. By doing this they are attempting to ’shut’ the union out of being able to effectively represent its members both during negotiations over this agreement and being able to come on site to address our members concerns.  This is what is currently in place at the Berkeley Vale Site and Management are hoping that workers at Cooranbong will fall for it as well.

Let’s not make any mistakes about what is at stake here.  Management want control over the workforce as they had prior to our union coming to Cooranbong.  This is a referendum on whether workers want a strong union to represent our views and to give us the advice we need as union members.

DON’T SELL OUT – STAND UP FOR OUR RIGHTS

LET’S FINALLY MAKE A STAND

OUR UNION STRENGTH WILL NOT BE SOLD FOR ANY NON-UNION AGREEMENT