Unions urge caution on IR referral

11 June 2009

Unions estimate 25% of Queensland’s workforce will be subjected to inferior work laws following the State Government’s referral of the non-incorporated private sector to the Federal Government.

Workers in retail, hospitality, manufacturing and the farm sector will see their unfair dismissal and access to arbitration rights diminished when they are transferred to federal workplace laws.

Queensland Council of Unions General Secretary Ron Monaghan said that unions were urging the State Government to be cautious when referring workers to the federal system.

"Our position has consistently been that the Queensland Government should hold off on any transfers to the federal system until 1 July next year.

"New workplace laws of this magnitude need to be tested and monitored and maintaining the status quo for Queensland for 12 months is the rational approach.

"This would enable a review of the practical application of the new work laws as opposed to current Queensland legislation which is superior in many areas.

"Plus, given the Fair Work Act is not fully operational until 1 January 2010, we feel that six months is not long enough to ascertain the practical implications of the new laws."

Mr Monaghan said that the main areas of concern where federal laws were inferior to Queensland’s were:

Unfair Dismissal: no exemptions based on employer size, no probationary periods, less time for workers to make applications.

Access to arbitration: Fair Work Australia will have limited capacity to settle workplace disputes.

Awards: only reviewed every four years as opposed to general access under Queensland laws.

Mr Monaghan also said that each state was adopting different positions in relation to the referral or otherwise of the local government and community sectors.

"The Federal Government has been unable to secure a single IR system which is why we’ve been urging the Queensland Government to adopt our position in holding off any referrals.

"This way it could have considered the practical effects of the new laws and more importantly, their effect on Queensland workers."