THE SILENT REVIEW_SUMMER EDITION 2021_WEB

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NEW INDUSTRIAL REFORM BILL by James Scully-Leaf Federal Parliament has introduced a new bill that proposes to amend the Fair Work Act, if it becomes law. We are campaigning against this bill with other unions, as we are concerned this could be an attack on workers’ rights. We will be writing to the federal cross bench Senators to urge them to reject the Bill in its current form. These Senators could be key to preventing this bill becoming law. We urge our members to write to their senators and express their concern with the changes and you hope they will vote against the bill in the current form. Please see link to find your state senators: https://www.aph.gov.au/Senators_and_Members/ Guidelines_for_Contacting_Senators_and_Members/los If you click on the name and then click ‘Connect’ some Senators have an email address listed. We encourage members to write in express your concern and outrage with the current IR bill proposed. Please also sign the unions petition to stop the bill: https://action.australianunions.org.au/stop-thisdangerous-bill 32 SUMMER EDITION 2021
CASUALS ENTERPRISE AGREEMENTS Better off overall test (BOOT) The IR Bill inserts a definition of a casual as an employee appointed as such rather than a person who works on a casual basis. It seeks to overturn recent Federal Court cases that held an employee with an advance commitment to work is not a casual. e.g. Casuals who receive regular rosters. Further, an employee who is labelled as a casual by their employer and paid a loading who is later found to not be a casual will have that loading offset against any future underpayment claims in respect of entitlements like annual leave. In addition, while the IR Bill provides that an employer must offer to convert a casual to permanent if they have worked a regular pattern of hours for at least 6 months of the previous 12 months they are not required to make this offer if there are reasonable grounds not to make the offer, such as there will be significant changes or the hours will be significantly reduced which means that this obligation is not worth the paper is written on. Further, there is no arbitration of these claims. Many casuals simply would not ask to become permanent due to fear of repercussions. FLEXIBLE WORK DIRECTIONS Under the current laws if your employer is receiving JobKeeper they can issue what are called JobKeeper enabling directions, which can allow a change of duties and location regardless of the terms of your contract of employment or enterprise agreement. The IR Bill seeks to allow employers under certain Modern Awards the ability to access these flexible work directions on the basis that it will ‘assist the revival of the enterprise’ for two years. While the Aircraft Cabin Crew Modern Award is not on the list it can be added by the Minister through regulations. Currently enterprise agreements need to pass the Better off Overall Test (BOOT) to be approved by the Fair Work Commission. That is, they have to be better off overall compared to the relevant Modern Award. The bill proposes to loosen this requirement and in some circumstances for enterprise agreements to be able to be approved without meeting the BOOT test. If passed this could severely undercut workers’ pay and conditions. Representation Currently employers must take all reasonable steps to give notice to employees of the right to be represented by a bargaining representative through the issue of what is called the Notice of Employee Representational Rights (NERR). The IR Bill seeks to remove that requirement and only requires the NERR to be posted on the Fair Work Commission website up to 28 days after bargaining commences rather the current 14 days. SUMMER EDITION 2021 33
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