Shame file

'Decline' in average real wages

Professor Peetz reports the average weekly earnings (AWE) survey for the six months to August 2006 reveals average weekly ordinary-time earnings for full-time adult employees (AWOTE) fell 1.1 per cent in real terms.

He states that in the two quarters since WorkChoices took effect, hourly earnings growth in retailing and hospitality industries (at 1.0 per cent and 0.7 per cent respectively) were 47 per cent and 61 per cent lower than the all-industry average.

"There has clearly been a substantial loss of conditions of employment, particularly overtime pay and penalty rates, for many workers signing AWAs, as a direct result of WorkChoices, though we would not expect this to be the case in all sectors," Professor Peetz also said.

'Anti-competitive' fine

Justice Young found that in 2001 the Communications, Electrical and Plumbing Union (CEPU) engaged in anti-competitive conduct under the Trades Practices Act 1974 (TPA).

The Office of the Australian Building and Construction Commission (ABCC), established by the Howard Government as a building industry watchdog, issued a media alert on the court decision.

It stated (in part): "The CEPU made demands on contractor Edison Mission that only contractors with CEPU certified agreements would be engaged on the construction of a new power station at Loy Yang.

"This resulted in Edison Mission ceasing to acquire services from an electrical contractor it regularly used at the Loy Yang site as that contractor did not have a union certified agreement.

"This case is the first prosecution under section 45E of the TPA, which outlaws the boycotting of contractors who use non-unionised workers. Prosecutions under the TPA can result in penalties of up to $750,000 for each breach," the ABCC statement said.

The penalty imposed on the CEPU was $125,000. The CEPU was also required to meet the ACCC costs of $200,000.

OWS takes action on Tristar

The OWS alleges Tri-Star Steering and Suspension Australia Ltd has breached the Workplace Relations Act 1996 in relation to 26 employees at its Marrickville premises.

In a media release dated February 19 the OWS alleges the Tristar employees have been retrenched involuntarily within the meaning of Clause 21 of their certified agreement because of the company's actions.

OWS Director Nicholas Wilson said OWS was seeking severance pay for the employees that they would have been entitled to under the Tri-Star Steering and Suspension Australia Ltd Certified Agreement 2003.

"The Office of Workplace Services is using its powers to argue that the Tri-Star employees have been involuntarily retrenched and should be paid out," Mr Wilson said.

"In plain English, OWS believes the company has been keeping its staff to avoid its obligations under the agreement. OWS alleges this constitutes an involuntary retrenchment," Mr Wilson also said.

OWS is seeking a fine against the company, as well as the employee's entitlements.

The OWS action comes almost two weeks after the Iemma Government referred the Tristar dispute to the NSW Industrial Relations Commission regarding.

NSW Industrial Relations Minister John Della Bosca said on February 8: "Given the Tristar dispute cannot be resolved in the federal system, the Iemma government is activating the Ministerial reference power of the State Industrial Relations Act to allow the NSW Commission to inquire into the dispute," Mr Della Bosca said.

"WorkChoices has stripped the Australian Industrial Relations Commission of the power to be an effective arbitrator. Workers caught in the federal system have nowhere to go for independent help," Mr Della Bosca said.

Challenging jurisdiction

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Last Modified: 22 Feb 2007