Minister for Employment and Workplace Relations, Tony Burke lays out year’s IR agenda

After the successful passage of the Albanese Government’s Secure Jobs Bill through Federal Parliament in December, Workplace Relations Minister Tony Burke announced in February the Government will begin consulting with employers and unions on more “controversial” issues which will be included in separate legislation in the second half of the year.

The Albanese Government will soon introduce further IR legislation to include superannuation payments in the National Employment Standards (NES), clarify coverage of temporary migrant workers and ensure stronger access to unpaid parental leave.

Burke told the National Press Club in Canberra in February, that those issues included Labor’s “Same Job, Same Pay” election pledge, defining casual workers, the coverage of gig economy workers in “employeelike” conditions, introducing jail terms for the worst cases of wage theft, and “having a lowcost jurisdiction at the Fair Work Commission to deal with unfair contract disputes for independent contractors”.

He said the second tranche of legislation will also feature safety principles and minimum standards for long- haul drivers, stronger protections against discrimination, and further action on the dangers of silica dust.

“The agenda for this year, for workplace relations, will involve a lot of the election commitments that we hadn’t dealt with last year,” Burke said.

“The more controversial parts of our election promises that we haven’t yet dealt with will be in the second half of the year.”

Burke said while the title of last year’s Bill “was about taking significant steps on job security and getting wages moving”, the forthcoming legislation will be about “closing loopholes that can undercut the principles that we put through last year”.

The Minister argued the passage of the Secure Jobs legislation is already having an effect on bargaining.

“There are businesses that had refused to bargain that are back at the table now negotiating with their staff and those negotiations will result in pay deals.”

“The legislation this year will deal with how do you even get those agreements moving, how do you deal with the different ways that the system gets undercut through different loopholes and we’ll be closing those loopholes in the legislation that we deal with in the second half of this year.”

Government Not Considering Bargaining Fees

Key union leaders have offered public support for bargaining fees to address so-called “free riders” who benefit from union campaigns and legal cases, and to boost membership and finances.

They include the UWU’s National Secretary Tim Kennedy, AMWU National Secretary Steve Murphy, HSU National President Gerard Hayes and RTBU National Secretary Mark Diamond.

In response to questions, Mr Burke said that the second tranche of legislation will not remove the Fair Work Act’s prohibition on unions charging bargaining fees.

“I have gone through the list of what we’re contemplating and that one [bargaining fees] is not on the list,” Burke said.

“But, you know, unions are free to argue whatever issues they want for their members.

“You know, I’m not critical of them for arguing that, but it’s certainly something that’s not on our list.

“All my focus and all the Government’s focus has been about getting people better job security and about delivering on getting wages moving.”

Unions NSW last year released a discussion paper arguing for bargaining fees, noting that unionnegotiated enterprise agreements consistently deliver better pay and conditions

“Non-union members enjoy the superior benefits of collective bargaining without contributing financially to the costs of the legal and industrial work undertaken to deliver better outcomes for workers,” the paper said.

“This free riding must stop.

“It is unfair to union members whose dues make these negotiations possible and give them the strength needed to bargain for good outcomes.

“It also creates perverse economic outcomes that have fuelled Australia’s wage growth crisis.”

The paper contended that high levels of free riding contribute to wage stagnation, inequality and collective bargaining decline, proposing that a charge on non-union members be capped at 70% of yearly union dues and only payable if the benefit to the worker from the enterprise agreement is higher than this amount.