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The Guardian - AU
The Guardian - AU
National
Paul Karp

Coalition has 'no mandate' for workplace reform, say unions

Dave Oliver
The ACTU secretary, Dave Oliver, says the Coalition’s silence on a Productivity Commission review gives it no mandate to implement ‘anti-worker reforms’. Photograph: Tracey Nearmy/AAP

The Coalition has not released its response to a major workplace relations report, leading unions to claim it has no mandate for deregulation of the labour market after the election.

Business groups have told Guardian Australia they now believe it is too late for the government to release its response to the Productivity Commission review of workplace laws before the election on Saturday, as it had earlier promised to do.

On Monday the secretary of the Australian Council of Trade Unions, Dave Oliver, said the government was attempting to “hide” changes.

On Thursday, Oliver said the government’s failure to produce a policy “leaves a re-elected Liberal government with absolutely no mandate to implement the kind of anti-worker reforms that so many of their big business backers have been demanding, such as weakening unfair dismissal laws or the introduction of individual contracts”.

At the National Press Club on Thursday, the prime minister, Malcolm Turnbull, was asked to renew a promise from 2009 when he was opposition leader that there would be no surprises on industrial relations if his government were re-elected.

In response, Turnbull said “absolutely” but then gave an answer outlining policies the government had already announced, with no reference to the major review of workplace laws that concluded in December.

Turnbull mentioned restoration of the tougher building industry watchdog and increased penalties for union misconduct, two bills that were the trigger for the double dissolution.

He mentioned plans to introduce laws to prevent volunteer organisations from being adversely affected by industrial agreements, due to the Country Fire Association dispute in Victoria.

Turnbull also criticised Labor for promising to reinstate the Road Safety Remuneration Tribunal, which the government abolished due to fears owner-drivers would be put out of business by having to charge higher rates for loads.

But he made no reference to the commission’s recommendations, including making it harder for workers who had been unfairly dismissed to get their jobs back and introducing a new form of contract that could be offered to new employees on a take-it-or-leave-it basis.

Oliver said: “Malcolm Turnbull’s silence can only be interpreted as a sign he is not planning any significant changes to industrial relations should he win on Saturday – anything else would represent a massive breach of trust with the Australian people.”

The Productivity Commission also recommended allowing individual employers or whole industries to apply for exemptions to minimum wage rises.

Other recommendations included banning clauses that restrict employers hiring casuals, contractors or labour hire. The clauses allow permanent employees to indirectly bargain over job security by limiting use of casual or contractor workers.

It comes after former prime minister John Howard said on Monday that industrial relations was “unfinished business” and the government had not ruled out changes.

The office of the employment minister, Michaelia Cash, has not responded to numerous requests for comment.

On 17 June Cash was asked about far-reaching changes, including new take-it-or-leave-it enterprise contracts, at the National Press Club.

She replied: “We have always said we would respond to the Productivity Commission in due courses. There’s still 15 days to go.”

It is now two days before the double-dissolution election. According to the Australian Electoral Commission, 2.15 million Australians have voted at pre-poll stations, with a further 800,000 postal ballots returned.

On Wednesday, the Coalition’s campaign spokesman, Mathias Cormann, said the ACTU’s claim it was hiding its industrial relations policy was “completely wrong”.

“We have released policy and there is, there are a few more days to go,” he said. “There is more opportunity to release further policy and I completely reject the proposition of the ACTU.”

The executive director of policy and public affairs for the Australian Mines and Metals Association, Scott Barklamb, told Guardian Australia: “We’re looking forward to seeing the response of both the government and opposition whenever it comes. It’s important that we have a conversation about how our workplace laws need to change.”

The chief executive of the Australian Chamber of Commerce and Industry, James Pearson, said: “The business community will continue to pursue workplace reform whatever the election result.”

Labor has not responded to the Productivity Commission report either.

Its employment spokesman, Brendan O’Connor, said: “We don’t feel obliged to be the first to respond to a government-commissioned report.”

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