The sky's not falling in? Tell these sacked workers...
Stoush.net noted the start-date with trepidation, Daily Flute showed Kevin Andrews saying at last what we’ve known for a while about unfair dismissal and Workers Online’s editorial ran with the first falling acorns.
Now it’s clear that for some workers, the sky has fallen in with the commencement of WorkChoices.
Cowra Abbatoir - 29 workers sacked, and invited to re-apply for the jobs they just lost at a wage cut of $180 a week. Only 20 will be rehired. Because it’s due to operational reasons, they have no recourse to unfair dismissal even though the abbatoir employs more than 100 people.
Quotes in the SMH are telling:
RON KNIGHT is one of those knockabout bush blokes who is uncomfortable about acknowledging adversity.
“I might be better off on the dole with the three kids than I’d be on the $580 [a week] they’re offering,” said the Cowra slaughterman, one of 29 at the centre of a key battleground in the early shake-out of the Federal Government’s overhaul of workplace relations.
Then the bravado drops.
“You wouldn’t want to know what the missus says. She doesn’t know if we’ll make the mortgage.
“Of course we’re worried. What really pisses me off is John Howard on the wireless telling everyone that no one will be worse off.”
This is the headline story this week. This is the big kahuna. But there are others.
The Daily Terror reported 23 year old Emily Connor being sacked and told to leave the premises of the childcare centre where she used to work on 10 minutes notice. She had worked there for five years. She was not even given the opportunity to say goodbye to the kids and parents she had worked with. Why? The boss didn’t even have to give a reason. Just pack your things and piss off sunshine.
This also demonstrates how difficult it will be to mount unlawful dismissal claims. If the boss says nothing but ‘you’re sacked’, then making the allegation will be impossible. Only an idiot boss (and there are some out there, so you’ll still see a few suits coming up) would ever put themselves in that position. Keep your motives to yourself but weed out anyone you want for whatever reason, lawful or not.
Then there’s Erin McLemon, 21. As the Terror reports, she was working as a photolab assistant for a bit over six months as a casual. She was asked to leave at the end of her shift, along with a 65 year-old colleague. Under the previous system, she could have qualified as a permanent employee. Instead she’s unemployed now. The given reason was overstaffing, though the employer had only hired someone new the previous week.
Ms McLemon said she was a Liberal voter until yesterday and felt betrayed because the Coalition had made no mention of its workplace reform agenda at the last election.
“They didn’t say they were going to do this,” she told The Daily Telegraph.
“I was already unhappy with the proposed changes and now I’ve felt the brunt of of it first hand.”
This is exactly what the Government should worry about. This was never part of the deal.
This is not a battle against of the reforming government against union ratbags. This is a battle to ensure that ordinary Australian workers like Ron Knight, Emily Connor and Erin McLemon can go to work and feel secure.
Forget terrorism, forget interest rates, the freedom and economic security of knowing that you can’t be sacked without a decent reason trumps all that. There is nothing more immediate than the threat of the loss of your job.
For Australian families, pressed up against a mounting pile of debt and relying on secure and well remunerated work to keep it from overwhelming them, this should be the last straw.
There are now Australian families on whom the sky has well and truly fallen. There will be more as the year wears on and we move towards the next election. Good people are suffering because of these laws, and Howard is going to cop a belting.
arleeshar wrote:
this is stirring stuff Dibo. But can the union movement capitalise on this stuff, embrace casual labour without the prospect of permanency as a legitimate source of union membership, etc?
jason wrote:
The problem with the focus on the cowra situation is that the Government can have a PR victory with their reinstatement.
Think about it for a sec - unions cannot get such publicity for every case that comes up. For many ‘relaxed and comfortable’ types a backdown will vindicate Howard and Andrews.
Christo (not verified) wrote:
I think the point of the post is, Jason, that no matter what publicity the unions manage to squeeze out of this or not a lot of people are being screwed right now by these laws (I’ve heard many other unreported stories myself) and they’re going to take it out on Johnny Howard.
liam wrote:
You’ve been cited, dibo.
dibo wrote:
so i have! :) though it’s really the stoush that has been cited, i am merely a vessel…
replying to jason - the labour movement (political and industrial wings) have to ensure that whatever PR stunt the little bastard reckons he can pull, everyone is constantly reminded of the fat that he’s only intervening because he’s losing skin, but that he caused the problems to begin with and has no intention of fixing them up permanently. he’s happy to be a sporadic samaritan while leaving the rest of the working population on a knife edge. and no matter what, the cowra abbatoir workers are not going to all ahve their jobs back at the same rate as before, no way on earth.
larrylaffer wrote:
Does the ALP think they can coast to power on the back of this issue? I hope not.
Unfair dismissal laws are wholly unsatisfactory dibbo. There existence did not prevent dismissals like this from occuring previously. Dismissals like the ones we are hearing about now happened all the time and well before the laws were in. The difference between now and then was that the cases back then were simply not reported and the Unions (on behalf of those people who were smart enough to be members) fought the matters in the AIRC and ended up with a measly compensation order, no job, just a couple of weeks pay. No one could suggest that justice was served in that whole process even if the employee got a few weeks extra pay.
I am happy that these cases are being reported and I hope people are outraged. I just hope that people do not think the solution is to simply revert back to a Beazley Unfair dismissal hearing at your local corner store. Workchoices has seen these issues reported more widely and I hope the bastard gets removed but I seriously doubt the ALP will put in place a much improved system (despite the rhetoric of tearing up the laws). When I say improved system, I hope it is recognised that the old laws were not much good anyway. Its one thing to rip up workchoices but you cannot forget the workplace relations act which started it all (and for that matter some of the brerton/keating stuff in 93 etc).
As an aside, perhaps readers of this blog may find some of the other things Howard has been doing in IR of interest. One matter, which has largely gone unreported, has been the introduction of the Construction Code. Check out www.abcc.gov.au for more information on this gem but it basically acts like a procurement policy and has been used by the Feds to belt construction companies into line. Reading with interest a recent decision of the NSW IRC, I noted this quote:
The “lack of leadership” by the New South Wales Government to “require a major infrastructure project of this type to have industrial application by award”. He submitted that the New South Wales Government had not acted in accordance with its own policies.
By its “National Code of Practice” in the building industry the Federal Government was “forcing companies out of a co-operative approach” in order to protect their commercial interests (i.e. to avoid the loss of building contracts with the Federal Government). He indicated that he believed the National Code of Practice was designed “explicitly to minimise the way the Union can operate to represent their members in the construction industry”.
Howard has used this code well. He has said that to major companies that if you want federal government work not only must you comply with this code on federally funded jobs, we want evidence that you comply with it on all your private work as well. The major companies have then gone out of their way to enforce it on the smaller companies (even those who do not want fed work). It has worked brilliantly for him. However, the question that has arisen in my mind, especially after reading that quote, was why does the NSW Government not use its purchasing power to advocate for Unionised workplaces? Why does it not mandate that each employer must have fair labour practices in order to do business with the NSW Government? They probably do have a policy document on ‘fair’ labour practices but they do not enforce it. If the Libs can do it for big business and their ideology, what is to stop Labor doing it for the worker and heaven forbid their own ‘ideology’?
Say what you will about Howard and believe me I have said but he knows who his mates are and he looks after them. Its a shame the ALP do not remeber who there mates are and look after us.
Oh and by the way….workchoices is only stage one. You wait unil they release the independent contractors legislation. Then his dream will be complete….
Vee (not verified) wrote:
Breaking News:
Cowra Abattoir workers re-instated after OWS investigation
7 4.30 news
EvilPundit wrote:
Cowra Abattoir workers re-instated after OWS investigation
Another stirring victory for the Howard government!
liam wrote:
Fucked workers un-fucked? Hardly a victory, Evil.
larrylaffer wrote:
OWS with that ponce Nick Wilson at the helm… I am sure the message came down from Andrews to fix it. Andrews and Howard will be all over it now. OWS was really created to hammer Unions and prosecute them. The OWS inspector probably promised to get square with the Unions in exchange for a quick reinstatement of the workers.
dibo wrote:
so the workers get off on a technicality. had the abbatoir employed less than 100 people, the workers would still be rooted. is there something special about workers in a smaller business which means that they should get their arses kicked? i don’t think so. these workers got lucky. howard got luckier. but the fact that the government jumped so quick means there’s obviously some pretty nervous bods in there.
do you reckon the OWS normally acts that quick? not likely. evidence presented to inquiries last year suggest that the OWS sometime just doesn’t get back to people, doesn’t check AWA’s to see if they’re dodgy, doesn’t keep tabs on the things that matter.
if nobody had shouted out loud, then these workers would have slipped through the cracks.
much like Emily Connor and Erin McLemon eh?
larrylaffer wrote:
From Andrews presser…
The Minister for Employment and Workplace Relations, Kevin Andrews, said the employer at the Cowra Abattoir has told the Office of Workplace Services that it
intends to withdraw the notices of termination that were issued last week. This follows discussions with the Office of Workplace Services over the past two days where the employer was provided with information regarding the obligations of employers under WorkChoices including the
protections available to employees under the Freedom of Association provisions of the WR Act, Mr Andrews said.
larrylaffer wrote:
Dibo….the OWS was never required to check off on AWA’s. That was the OEA. Feel free to shoot them though ;)
jason wrote:
So now a spin will be in and SOME people will believe that the laws are fair after all…when it was only political pressure in one highlighted case.
We will hear of this reversal from Howard and Andrews for a long time.
Thankfully the unions and the NSW govt are now releaseing details of many, many sack workers. I hope it makes the press.
Myth wrote:
Well all this proves is that employers are bastards. Already knew this, noone will employ a 19 year old angry young man :)
liam wrote:
From the ABC:
And rightly so.
jason wrote:
I would enjoy reading your take on it.
emily (not verified) wrote:
i am the ‘emily’ that was “sacked” and just wanted to say thank you to every one that has supported me…. i understand the right reason behind these laws but there needs to be some sort of rule in place that you cant just get sacked because your boss doesnt like you or becaue you are one of the few people now days that still actually stands up for themselves and what is right. people dont seem to like that and i am glad that this has been brought to the medias attention and hopefully more people will not be afraid to stand up for themselves and what is right!!!!
dibo wrote:
thanks for dropping by emily!
personally, i plan to try to bring to light every story i see about this - partly because sometimes media pressure brings a better outcome to the wronged worker, partly because media pressure highlights just how dodgy these laws are.
i don’t think it matters who you voted for, whether you think howard or beazley are champs or chumps, these laws are wrong and they have to go.
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