AUSTRALIAN GREENS

Dissenting Report

1.1        The Australian Greens are committed to ensuring State public sector workers across Australia are properly protected under the Fair Work Act 2009 (Cth).

1.2        The Australian Greens established this inquiry in response to the attacks by conservative state governments in several states – wielding the knife and rolling back work protections of our State public sector workers.

1.3        We are disappointed that this Committee report, based merely on written submissions, falls well short of adequately responding to the clear terms of reference set by the Senate, despite extensive considered input by many submitters. Beyond restating the position put forward by conservative state governments, the Committee failed to adequately investigate or report on its findings with regard to the following issues referred to it. These issues are critical to the fair and legal treatment of some of Australia’s most valuable workers, including whether:

a) the current state government industrial relations legislation provides state public sector workers with less protection and entitlements than workers to whom the Fair Work Act 2009 (the Act) applies;

b) the removal of components of the long-held principles relating to termination, change and redundancy from state legislation is a breach of obligations under the International Labour Organization (ILO) conventions ratified by Australia;

c) the rendering unenforceable of elements of existing collective agreements relating to employment security is a breach of the obligations under the ILO conventions ratified by Australia relating to collective bargaining;

d) the current state government industrial relations frameworks provide protection to workers as required under the ILO conventions ratified by Australia;

e) state public sector workers face particular difficulties in bargaining under state or federal legislation; and

f) the Act provides the same protections to state public sector workers as it does to other workers to the extent possible, within the scope of the Commonwealth’s legislative powers.

1.4        It was also disappointing that the Committee chose not to hear from the community through public hearings, but rather to write its report merely on submissions. There were a high number of very considered submissions from individuals and unions. Many of the submissions told of the significant hardship that State public service workers and their families have suffered as a result of unfair treatment at the hands of incoming conservative state governments.

1.5        The New South Wales Nurses and Midwives Association submitted that recent legislative changes by the New South Wales (NSW) O’Farrell Government has been an extraordinary overreach which abuses the state government’s dual role of regulator and employer. They contend that as a result of these changes public sector workers in NSW now have very limited capacity to bargain with their employer and the independence of the Industrial Relations Commission of NSW has been unacceptably encroached upon.[1]

1.6        The United Firefighters' Union of Australia, Union of Employees Queensland (UFUQ) submitted that the current Queensland LNP Government has unilaterally removed protections previously afforded to the UFUQ’s members, through changes to industrial relations legislation and issuing Directives relating members’ employment terms and conditions – specifically employment security, contracting out and organisational change. The UFUQ submitted these changes have resulted in UFUQ members having fewer protections under the Queensland Industrial Relations legislative framework than they would have under the federal Fair Work Act, and fewer protections than are required under the relevant ILO Conventions.[2]

1.7        The Australian Council of Trade Union's (ACTU) view is that the measures implemented by the O’Farrell Government in NSW and the Newman Government in Queensland constitute serious and sustained attacks on the rights of public sector workers. Further, the ACTU submits that these actions also constitute attacks on rights set forth in various ILO conventions that have been ratified by Australia, including standards on freedom of association and collective bargaining, and termination of employment.[3]

1.8        Queensland’s Together, Industrial Union of Employees argued that the changes introduced by the Newman government are at odds with the extensive and settled industrial history around consultation and organisational change; inconsistent with the standards adopted in the federal jurisdiction under the Fair Work Act; and in breach of Australia’s obligations under ILO Conventions.[4]

1.9        Many serious concerns raised in this inquiry remain unaddressed. Far greater concern, scrutiny and action from our national Parliament is warranted.

1.10      We were disappointed that the federal government has not, to date, taken any substantial steps to increase protection for State public service workers.

1.11      The Australian Greens recognise the need for state governments to be able to manage the public sector workforce however recent rapid unilateral degrading of workers’ rights and extensive cuts are clear evidence that it can go too far. Minimum protections need to be in place so the devastating experience of Queensland’s public servants cannot be repeated.

1.12      The old parties cannot be trusted to care for state public servants. The Australian Greens will continue our work for fairer treatment of Australia’s public service workers.

 

Senator Larissa Waters

Senator for Queensland, Australian Greens

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