WorkChoices ‘adversely affects’ students

by Kerri Carr

Students are being adversely affected by WorkChoices, Victorian Workplace Rights Advocate Tony Lawrence told Federation's May Council.

The Office of the Workplace Rights Advocate was established by the Victorian Government in March 2006 "in response to the Federal Government's WorkChoices agenda, which has diminished workplace rights" and Mr Lawrence appointment was made in May 2006. He is a barrister who has specialised in employment and industrial law.

Mr Lawrence reported there had been a "significant increase in calls to our information and complaint line" where students were being presented with Australian Workplace Agreements that cut out weekend and public holiday penalty rates.

"It place enormous pressure on students who then have to work longer hours to make the same money...it impacts on the amount of time available for study," he said.

"We are seeing the adverse impact on students at the current time."

In a media release Federation President Maree O'Halloran said: "Many young people combine part time work with school life. Teachers are reporting concerns that young people are tired at school because some employers are asking them to do more and longer shifts. The Federation has commissioned independent research about the concerns. Preliminary results show that young people are proud and excited about their first job. However, they are often too nervous to ask any questions about conditions of employment."

Two industries which employ many students are the subject of a Victorian Office of the Workplace Advocate inquiry into the impact of WorkChoices.

The inquiry will look at the impact of WorkChoices on employees and employers in the Victorian retail and hospitality industries.

"These are large industries...at the pointy end of WorkChoices," Mr Lawrence said.

"Mining has traditionally led the field in terms of AWA [Australian Workplace Agreements] utilisation...but mining has now been surpassed by retail and hospitality."

The Victorian Office of the Employment Advocate is also conducting inquiries into 'greenfield' agreements; 'operational reasons' for termination and dismissal; and maternity leave complaints.

Mr Lawrence said over the past six months there had been a "significant increase" in complaints from women who were either having difficulties taking maternity leave or returning from maternity leave.

"For example, having their position restructured while they were away so they have no position to return to; or they're offered a position of lower status and lower pay; or they come back to a part time position and coincidently they're very shortly thereafter rendered redundant, which means their severance pay...is calculated at their part time rate, not at their full time rate," he said.

"There are numerous complaints coming through in relation to that and that's indicative of at least some employers thinking that pretty-well anything goes under this legislation," Mr Lawrence said.

Mr Lawrence said because WorkChoices' 'operational reasons' provision was drawn "so broadly" there was "enormous scope to use this provision to actually sack people and then bring people back at a much lower rate of pay".

He also reported that from the complaints made to the Office of the Employment Advocate and research undertaken "it's very clear what the AWAs are being used for: they're being used to strip away protected award conditions, particularly overtime and penalty rates, shift loadings and so on".

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Last Modified: 24 May 2007