Unions saddle-up to fight 'dangerous' workplace reforms that could leave some staff worse off

Attorney-General Christian Porter says he isn't looking for a fight over the proposed changes - but unions are concerned the response could leave some workers worse off.

Attorney-General Christian Porter during Question Time  at Parliament House in Canberra.

Attorney-General Christian Porter during Question Time at Parliament House in Canberra. Source: AAP

Unions have promised to fight proposed new laws that would allow coronavirus-hit businesses to strike pay deals that could leave some staff worse off. 

The reforms are part of an overhaul of Australia’s industrial relations framework introduced to parliament on Wednesday.

The measures mean distressed businesses would be exempt from the so-called "better off overall test" when they strike enterprise agreements - if they can prove lasting economic hardship.
ACTU secretary Sally McManus is concerned the changes would undermine protections for workers preventing employers from imposing unfair agreements. 

“These changes are dangerous and extreme,” she said. 

“Working people, essential workers, have already sacrificed so much during this pandemic, these proposed laws will punish them.”

Attorney-General Christian Porter has called the changes a “common sense” measure and a “modest” response aimed at dealing with the economic fallout caused by COVID-19. 

“This isn't about fights,” he told reporters in Canberra on Wednesday. 

“The changes we think they're important - but in reality they are fairly modest changes.”
The labour movement has compared the changes to the Howard government's controversial WorkChoices laws. 

The changes would lessen an existing public interest test to allow the Fair Work Commission to approve non-compliant agreements because of the impact of COVID-19.

The federal government says the temporary measures - expiring two years after the bill becomes law -  are needed to help boost productivity and wages against a recession.  

The Fair Work Commission would have 21 days to approve agreements or explain exceptional circumstances.

Overhaul of industrial relations framework

The government's proposed fixes have come after a series of employer-union roundtables.

However, unions have said changes surrounding the better off overall test were not discussed during these meetings. 

Opposition leader Anthony Albanese said the overhaul of industrial relations risked undermining conditions that had been fought for and considered essential for workers.

"A piece of legislation that will allow their wages and conditions to be cut and undermined - this is a nasty act from a nasty government that has returned to form when attacking workers wages and conditions," he said. 

"We won't be voting for legislation that cuts workers' pay."

Other proposed laws include creating a stronger definition of casual employment and improving the pathway for casual staff to access permanent work.

Retail, accommodation and food services part-time workers would also be able to negotiate more hours without overtime pay rates, under the new laws. 

Wage theft will be made a federal crime for the first time with penalties of up to four years' jail for guilty bosses who could also cop $1.1 million in fines. 

"This is meant to deal with known long-standing problems but problems that have become more acute because of the COVID situation," Mr Porter said.

Additional reporting AAP


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By Tom Stayner


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