Workplace system tough on rogue strikes

Business and unions have cautiously backed a new workplace regime which enforces collective bargaining while retaining tough measures against rogue industrial action. But the federal opposition says proposed government laws to replace the remnants of Work Choices will be a Trojan Horse for unacceptable union practices.

Enterprise bargaining is at the core of the new system detailed by the federal government, which would enshrine minimum standards and awards and have them reviewed every four years.

A majority of workers - with or without union representation - in a company or division would have to support a negotiated workplace agreement for it to succeed.

Penalties which existed under the former coalition government's Work Choices regime against striking workers would survive. These include the mandatory deduction of at least four hours pay and potential fines
for strikes and work bans which break the rules. "Unprotected industrial action will not be tolerated under any circumstances,"
federal Workplace Relations Minister Julia Gillard told the National Press Club. "Employees who engage in wildcat or snap strikes or bans instead of following proper dispute resolution process will face significant consequences."

Employers could tolerate the bans or they could stand down or lock out employees and deduct pay, Ms Gillard said. "But offensive pre-emptive lockouts taken by an employer when employees haven't taken any industrial action will no longer be permitted."

The government will also double from six months to 12 the exemption period for unfair dismissal claims at companies with less than 15 employees. "Twelve months is more than enough time for employees to prove they are up to a job," Ms Gillard said.

Under the government's timetable, the unfair dismissal and bargaining rules would be place next July and new awards and employment standards by January 2010. The ACTU said by restoring collective bargaining, the proposed system will bring back fundamental rights for workers. But ACTU president Sharan Burrow also criticised the industrial action restrictions, saying it would give employers "enormous" powers to punish workers. "It seems just a little excessive that if you have a flash dispute - if someone's
bullied it's a 10-minute deal, people talk about it, they settle it - that the penalty would be four hours."

The Australian Chamber of Commerce and Industry said the risks in the system lie in adopting an almost exclusive collective approach.
"Whether this works in an era of much lower unionisation is debatable," chief executive Peter Anderson said.

The Australian Industry Group said the government had provided much-needed clarity about the system, but key uncertainties remained about the bargaining process. The National Farmers Federation said the fair dismissal code got the balance right for employers and employees.

Opposition workplace relations spokeswoman Julie Bishop said the system could see a return the bad old days of unionism. "The Rudd government's proposed new workplaces relations regime will be a Trojan
Horse for the union movement to resume practices such as pattern bargaining, unrestricted access to workplaces and compulsory unionism," Ms Bishop said. "A serious concern is that Labor's introduction of so-called good faith bargaining will result in employers dragged before Labor's industrial umpire where unwanted
conditions and wages can be imposed on workplaces."