First published by Workforce Daily.
Employment minister Senator Michaelia Cash has said the Turnbull government still backs IR reforms the Abbott govt took to the 2013 election, including changes to right of entry (RoE).
The minister also committed to consult parties on the Productivity Commission’s (PC) review, highlighting its recommendations on permitted content in enterprise agreements (EA).
Speaking at the AREEA national conference in Perth this morning, Cash noted the govt had not been able to pass much of its IR reform in the previous Senate. While the Fair Work Amendment Bill was passed it did not include changes to individual flexibility arrangements and amendments to deal with right of entry.
“I can confirm that we remain committed to the other measures in the FW Amendment Bill which were not passed by the Senate, and in particular to restoring balance to the right of entry rules,” Cash said.
“Unions who abuse RoE provisions in this country cost you money but ultimately they cost the Australian people money and more than that they cost Australian people jobs.”
She said “our proposed changes” include removing default access to lunchrooms, placing “sensible limits” on entering workplaces, allowing the Fair Work Commission to effectively deal with “excessive” RoE visits, and repealing Labor requirements for employers to provide accommodation and transport to union officials for RoE in remote locations.
The amendments arose from recommendations in the former Labor govt’s commissioned review of the Fair Work Act.
Cash noted the new Senate provided “fantastic opportunities” for passing legislation and she intended to engage crossbenchers in “open and constructive” discussion “to ensure the agenda we do have we are able to further”.
She said the govt would continue to consult on the PC review recommendations, in particular to ensure enterprise agreements (EAs) cannot restrict labour hire or casuals, prevent unions from including matters in agreements that affect the employer-employee relationships and prevent EAs from including non-permitted matters.
CFA provisions to prevent restrictions on emergency services
Cash blasted Vic Premier Daniel Andrews and the United Firefighters Union Vic branch for attempting to ’emasculate’ the Country Fire Authority (CFA) through union ‘veto’ clauses in EAs as a “staggering abuse of power” and a “misuse of workplace legislation that should never have been able to be manipulated in such a way”.
She said the Coalition would legislate so EAs cannot include terms to “restrict or diminish emergency management bodies’ ability to actually deal with emergencies”.
On the Coalition’s promise to create a “public interest test” to address union mergers – which is seen as an attempt to prevent the Construction Forestry Mining Energy Union and the Maritime Union of Australia from amalgamating – Cash said the Fair Work Commission would be required to consider “relevant matters” before approving a union merge, eg “the organisation’s history of compliance with workplace law”.
Cash emphasised the Turnbull govt’s aim to create a “more innovative and diversive economy”. “There is no doubt the employment portfolio will play a crucial role in seeing the future of work which we know is upon us. But also to the diversity of the economy.”
