Thursday, October 10, 2019

'Louts, thugs, bullies': the myth that's driving Morrison's anti-union push

The most unionised occupation is teaching, the next most unionised is health care. Shutterstock
Anthony Forsyth, RMIT University
What have Scott Morrison and and Attorney General Christian Porter got in mind for unions?
The answer seems to be more of the same, more use of coercive power to make it harder for unions to fulfil their democratic functions of protecting workers and fighting inequality.
The newly-reintroduced Ensuring Integrity Bill was rejected in 2017, but the government thinks it’s got a better chance now, with the support of at least four of the six senate crossbenchers.
In part that’s because of the behaviour of John Setka, head of the Victorian branch of the Construction Forestry Maritime Mining Energy Union who has been convicted of using a carriage service to harass a woman.

Read more: View from The Hill: Now the senators are taking on John Setka

The Bill does not actually address Setka or his conduct, but the Government is using that negative impression to justify these new laws.
And it’s because of words like these, used by Justice Dyson Heydon, the royal commissioner tasked with examining trade union governance and corruption by the Abbott government:
it is clear that in many parts of the world constituted by Australian trade union officials, there is room for louts, thugs, bullies, thieves, perjurers, those who threaten violence, errant fiduciaries and organisers of boycotts
It’s also what the government wants people to believe about trade unions; that they are ugly, violent, law-breaking and self-interested.
In truth the most unionised occupation is teaching, the next most unionised is health care, and the third is protective services.

Why make it harder for teachers and nurses?

My research finds that there was a problem with union corruption the best part of a decade ago, most starkly apparent in the Health Services Union scandal, but for the most part unions have cleaned up their act.
I told the Senate inquiry into the Ensuring Integrity Bill that a proportionate response to the Royal Commission’s findings was warranted.
It included legislation imposing higher standards of financial management accountability on union officers, higher penalties for serious breaches of the Registered Organisations Act, criminal penalties for “corrupting benefits” and requirements for disclosure of benefits passing to a union under an enterprise agreement, clearer governance standards for separate entities and union funds such as election funds, and a specialist regulator for registered organisations.

Read more: Fall-out from Setka affair could give Coalition easier passage of union bill

Almost all of these measures have now been implemented. So what are we to make of the reheated Bill? It looks like an opportunistic attempt to take down unions.

Morrison needs an agenda

The government didn’t expect to be re-elected. Its business mates are demanding industrial relations reform. They want to shut down powerful unions like the Construction Forestry Mining Energy Union. The government tried to stop it merging with the Maritime Union to become the CFMMEU rather than the CFMEU, but the Bill didn’t get through parliament in time.
With that objective frustrated, business wants new weapons to take on unions.
Hence the provisions in the Bill enabling employers, the minister and the Registered Organisations Commission to seek the disqualification of union officials and the deregistration of unions; provisions that could prove very handy in an industrial dispute, adding to the already extensive range of weapons employers already have access to.

Read more: Grattan on Friday: Morrison government solid on industrial relations reform but bootlicks One Nation on family law

The Bill massively over-reaches. The government claims it’s simply applying to unions the same regulatory standards that apply to corporations. But its application of the corporate model is highly selective.

So it’s one rule for unions

Schedule 1 would allow court-ordered disqualification to be sought against a union official on much wider grounds than those available for company directors.
An employer could seek to have an official removed because they have been involved in a technical breach of the protected industrial action rules under the Fair Work Act, but a union could not seek disqualification of a company director who had breached the same legislation by, for instance, presiding over the underpayment of workers.
Disqualification could also be sought because a union official had breached the proposed “fit and proper person” test.
There is no fit and proper test for company directors, although there is for people providing financial advice and running businesses including labour hire businesses in Victoria.
The purpose of the latter test is to impose barriers to entry on dodgy and exploitative managers. There is no equivalent justification for prefventing someone becoming a union official.

Read more: Fall-out from Setka affair could give Coalition easier passage of union bill

Schedule 2 proposes new grounds for deregistering unions that partly mirror some of the grounds for court-ordered wind-ups of companyies under the Corporations Act.

Another rule for employers

But the addition of new grounds relating to a union’s (or members’) non-compliance with a wide range of laws has no equivalent in the Corporations Act.
Among the proposed grounds is “obstructive industrial action” – unprotected action that hinders of interferes with the activities of an employer or a public service, or that has a substantial adverse effect on community safety, health or welfare. Only a single instance would be needed.
The target of Schedule 2 seems to be the CFMMEU. But Commissioner Heydon neither recommended deregistration of the CFMEU nor proposed any change to the deregistration provisions.
The government already has the ability to seek deregistration of the CFMMEU under the Registered Organisations Act. Some of its grounds, including repeated breaches of court orders, would be sufficient in my view.
Instead of testing the existing law, the government has chosen to seek much wider grounds for deregistration and to give more parties, including employers, access to the mechanism, creating a threat to all unions, not just the CFMMEU.

And confusion about what unions do

The Coalition and employers can’t seem to make up their minds about unions.
They present them as both:
  • a relic of the past, facing imminent demise, representing only 15% of the workforce
  • a threat to the economy, with the merged CFMMEU threatening one part of the economy, and the proposed amalgamation of the National Union of Workers and United Voice threatening another.
The Ensuring Integrity Bill tells us it’s this second view that’s predominant, notwithstanding the reality that most unions play a valuable role in protecting vulnerable workers from exploitation, challenging managerial power in the workplace, and enhancing our democracy.The Conversation
Anthony Forsyth, Professor of Workplace Law, RMIT University
This article is republished from The Conversation under a Creative Commons license. Read the original article.

Thursday, October 3, 2019

The LabourStart Logo Competition

The LabourStart Logo Competition

LabourStart has had the same logo for 21 years (see above), and now we think it may be time to freshen things up a bit.
For that reason we're launching a new logo competition.
This competition is open to everyone.
Here is how it is going to work:

Submitting your logos

First, some technical details:

  • Image size: Please submit a logo that is 400 pixels wide and 200 pixels high. The logo must include the text 'LabourStart' (like the current logo).
  • Format: We will accept the following formats only: GIF, JPG, and PNG.
  • In addition, the winner of the competition should be prepared to send us one high-resolution version of the logo that we can use on printed promotional materials such as banners and t-shirts.
  • Please note that in submitting your logo to LabourStart, you are giving us the full rights to use the image. This must be an image you created, and for which you own the rights.

How to submit:

  • Please submit your logo -- just one logo per person -- using WeTransfer.
  • Make sure to include your correct email address.
  • In the Message box there, include your full name and country.
  • The deadline to submit your logo is midnight GMT on 31 October 2019.

What happens next

  • The members of the LabourStart Executive will review all the submissions during the course of November.
  • Designers whose logos made the shortlist will be notified by email.
  • LabourStart will release the shortlist by the beginning of December, at which point a public vote will take place online.
  • The winner will be notified by 31 December 2019.

Spread the word!

  • Please share this widely. The more people submit logos, the better the designs on our shortlist will be.
  • And thank you very much!

Wednesday, October 2, 2019

Flex time all Universities


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Flex time all Universities
The CPSU-NSW, your union, is investigating member’s experiences with flexible work. In order to do so, we have created this survey. It will only take around 5 minutes and will provide valuable information that will help us best support you, and ensure that we are working on workplace issues that you care about.
You can fill in the survey here https://www.surveymonkey.com/r/UniFlextime
All information collected will be strictly confidential. If you have any questions or concerns, please don’t hesitate to reach out to your HERC delegates:
University of Sydney
University of NSW
Alistair Wareing
a.wareing@unsw.edu.au
Kate Brown
wk.brown@unsw.edu.au
University of Technology, Sydney
University of Western Sydney

University of Newcastle
University of Wollongong
Sian O’Sullivan
sian@uow.edu.au
Southern Cross University
Australian Catholic University
Richard Faulkner
Richard.faulkner@acu.edu.au
University of New England
Rob Webster
rwebster@une.edu.au
If your university isn’t on this list please feel free to contact kjackson@psa.asn.au.
If you know of any people that are members of the CPSUNSW please ask them to fill out this survey. If you know of anyone that isn’t a member of the CPSUNSW but wants a say, please ask them to sign up and we will get in contact with them. At the moment, this survey is only for members of the CPSUNSW.
We appreciate your time in reading this bulletin and filling out the survey. If you would like to get more involved please don’t hesitate to reach out to your local delegate, or email Kirra kjackson@psa.asn.au or Chris cbird@psa.asn.au, the two organisers for universities.