Revolutionary changes to government powers

By Barry Johnson

The Howard Government's multi-million dollar advertising campaign has had little impact on shifting community opposition to its radical industrial relations changes. The WorkChoices document makes it clear that its opponents were not "crying wolf" and that, indeed, the proposals are worse than what was expected.

Put simply, John Howard's argument is that the economy will be better off. We say that workers will be worse off. Polls show that people do not agree with Howard's proposition but agree with us.

The Howard Government's WorkChoices document and print advertising campaign are designed to serve a number of purposes. The documentation is so complex and dense it hopes that Australians will disengage from the debate about the proposed changes and cease a campaign against them. The message has been made deliberately complex in an effort to make people think it is all too hard and we should just let the Howard Government have its way with us.

On the other hand, the Howard Government's TV advertising campaign is particularly designed to make you feel better and that in reality workers' rights will be protected by law. They won't. Take home pay will not be protected by law. Penalty rates will not be protected by law. Overtime will not be protected by law. Public holidays, redundancy, the hours in a working week, will not be protected by law.

The right to remain on present conditions will not be protected by law as any worker under federal jurisdiction can be offered an individual contract at any time that removes or changes existing pay and conditions. The award system will not be protected by law. Awards and the award 'no disadvantage' test will be gone. Unfair dismissal laws will be removed for 3.7 million Australian workers.

The strength of the Australian economy has been built on the hard work of millions of Australians. Since Federation, Australia has had both federal and state industrial relations systems, sets of laws which ensure working Australians get a fair share of the benefits of economic growth. This no longer will be the case.

What the Howard Government's message doesn't tell Australians is that its proposed laws will enact a revolution in this country.

The proposals from Howard will overturn the existing labour law framework, one in which unions have a recognised role to play on behalf of all workers whether they be unionists or not, and replace it with a legal framework which will use the Australian Industrial Relations Commission (AIRC) to punish unions and unionists for breaches of a very tight and draconian set of regulations. While highly regulating the unions, the Howard Government will totally deregulate the labour market. And eventually all state industrial relations laws will disappear.

All of this will be achieved by basing its new laws on Section 51 of the Constitution. This section states:

"The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to...
"(xx.) Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth."

It is this power, the corporations power, that Howard intends to use to override the states and ultimately strip away any managerial powers they will have over state industrial relations and consequently greatly reduce their management of state economies.

When the Commonwealth of Australia came into existence on January 1, 1901 the states had agreed to hand certain powers to the federal government. Since that time, more power has been accrued by federal governments, especially through changes to the taxation systems. Essentially, federal governments have ended up with all the money and greater power than the Constitution originally envisaged. This has been an evolutionary process over the last century.

What the Howard Government's advertising has not told Australians is that the federal system of government is now about to be suddenly turned on its head by the use of the corporations power. In the future, the states will only be able to retain those areas of responsibility left to it by federal governments.

The very role of state governments will be much diminished by Howard's industrial relations changes. Your rights at work are certainly worth fighting for. It will be interesting to see how much fight there is in state governments. Barry Johnson is the General Secretary.

IR Sky Channel for all workers November 15

Regional rallies for November 15

WorkChoices bill introduced into Parliament

Howard's IR revolution under intense scrutiny

AWAs for prac student supervisors

Consumer boycott

TAFE teachers and nurses may be caught by IR agenda

For further information

November 2005 contents