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Newsletter

Written for, and in support of Chefs, Cooks, Apprentices and other Hospitality workers.

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New IR laws, same HREOC protections against dismissal on grounds of race, sex, disability and age
With the federal Government's new laws governing workplace relations coming into effect today, the Human Rights and Equal Opportunity Commission (HREOC) would like to remind employers that federal and state equal opportunity laws still prohibit employers from dismissing people based on grounds covered under the race, sex, disability and age discrimination Acts.
With the introduction of the government's Work Choices reforms, companies with fewer than 100 employees are exempt from unfair dismissal laws. However, all businesses, regardless of their size, must still adhere to equal opportunity laws and affected employees (including casuals, contract workers, part-time and/or full-time) can still use unlawful termination legislation and make a complaint to HREOC.
The Commission is an independent, national organisation which is responsible for investigating and conciliating complaints under the Racial Discrimination Act 1975, Sex Discrimination Act 1984, Disability Discrimination Act 1992 and Age Discrimination Act 2004.
Grounds for complaint under these Acts may include discrimination based on: sex, pregnancy, marital status or family responsibilities; race, colour, national origin, ethnic origin or descent; actual or imputed disability, medical condition, and; mature aged or youth discrimination.
Complaints can also be made under the Human Rights and Equal Opportunity Commission Act 1986 (HREOCA). One area of complaint under this Act is unfair treatment in employment and occupation on the grounds of religion, political opinion, social origin, criminal record, sexual preference or trade union activity.
HREOC is prepared for any potential increase in complaints received under its laws and will investigate and conciliate complaints in an impartial manner. It does not act as an advocate or legal representative for either party to a complaint. The complaint information and complaint handling service is free.
To assist parties to complaints, HREOC has produced a video/DVD titled 'Pathways to Resolution', which can be ordered online at www.humanrights.gov.au/pathways_to_resolution/
For more information, contact the Commission's complaints infoline on 1300 656 419, email us at complaintsinfo@humanrights.gov.au or log on to the complaints help page at www.humanrights.gov.au/complaints_information/

New research conducted by the Australian Council of Trade Unions shows
that the public are deeply opposed to the Howard Government's new IR
laws, and that the community believe the laws show the Government is
acting in the interests of big business over the rights of Australian
working families.
The ACTU conducted the polling of 1,000 voters in 24 key coalition held
marginal seats in late February, early March as part of the union
movement's ongoing campaign against the new IR laws which commence
today.
The research shows that less than one in four Australians support the
laws, and that almost 70% believe that while the laws will benefit big
corporations and CEOs they will hurt ordinary families.
Key findings include:
* 72% of voters support unfair dismissal laws that protect workers.
* 59% of voters believe that "the Government's new IR laws alone are
a strong reason to vote against the Government" at the next federal
election.
* 70% believe that individual contracts give too much power to the
employer.
* 68% agree that the new laws are strong evidence that John Howard
governs more for corporate Australian than for ordinary working
families.

* 60% agree that collective bargaining means better job security for
workers.
* 66% believe that the laws are a threat to every working family.

Australian employers are largely satisfied with the national vocational
education and training (VET) system, according to the Survey of Employers' Use
and Views of the VET System, managed by NCVER. The national survey found
employers were more satisfied with unaccredited training, with: 92% satisfied
with unaccredited training; 79% satisfied with the training provided to
apprentices and trainees; and, 80% satisfied with national recognised training
(other than apprenticeships and traineeships). The main reasons employers
chose unaccredited training over accredited training were the suitability of
the course, the cost, the ability to use their own trainers, the convenience,
and the flexibility. The survey aimed to measure the extent employers use VET
to meet the skill needs of their workforce, their satisfaction with it, and
what drives their training choices.
http://www.ncver.edu.au/publications/1667.html

McDonald's goes local in Asia
McDonald's Corp., the world's largest fast-food company, has added rice burgers -- fried beef slices served between two pressed rice cakes -- to its menu in Singapore in a bid to appeal to local palates.
Read the full story at http://money.cnn.com/2006/01/03/news/international/mcdonalds_rice.reut/index.htm

Japan consumers worry about U.S. beef
Shock and worry spread in Japan on Saturday after Tokyo reimposed a ban on U.S. beef imports over mad cow concerns. One leading fast-food chain shelved plans to resume serving a popular beef dish and consumers said they felt betrayed.
Read the full story at http://money.cnn.com/2006/01/21/news/international/bc.madcow.japan.worry.reut/index.htm

Workers at a Melbourne company are facing a 20% drop in pay and the
loss of RDOs and other entitlements as their employer begins to use the
Howard Government's new IR laws.
Speaking at a protest at car parts manufacturer Dana factory in the
Melbourne south-eastern suburb of Cheltenham today, ACTU Secretary Greg
Combet said:
"Now we are seeing the reality of the Howard Government's new IR laws.
The three hundred and fifty Dana workers are facing a 5% drop in pay
and the loss of important family-friendly entitlements such as Rostered
Days Off (RDOs) while new employees will face a 20% pay cut.
Dana also wants to cut redundancy entitlements in half and make workers
wait longer before accessing long service leave. Top-up payments to
injured workers would also be reduced, and income protection lost.
The Government spent millions of dollars of workers' money saying that
the new IR laws wouldn't see workers losing wages and conditions. They
said that workers' pay and conditions would be 'protected by law'.
The Government accused the unions of running a scare campaign because
we warned that RDO's, overtime, take home pay and leave provisions
would be under threat.
Well now we see the reality with an employer using the Government's
legislation to threaten workers pay, overtime and leave provisions.
Working families, many of whom are only just keeping their heads above
water financially cannot afford to lose basic conditions and have their
take home pay cut," said Mr Combet.

Aggressive Push By Employers To Take Advantage Of New IR Laws
ACTU President Sharan Burrow said:
"What we are now witnessing is an aggressive new push by employers to
drive down the wages conditions of their workforce under the
Government's new IR laws.
There is now a proliferation of management and HR advisers who are
spruiking for business, offering to help employers bring in individual
contracts and reduce workforce costs.
For example, a company called 'Industrial Labour Solutions' promises:
"In conjunction with the new IR rules we are able to fix the situation
permanently... No more EBA's. No unfair dismissals. No casuals forced
into full time. No redundancies. No unions. No problems. Decreased
costs."
These people are vultures preying on the living standards of
Australia's working families. They are taking advantage of the
Government's new IR laws to help employers gain the whip hand in
workplace bargaining."
This article can be found on the Web at:
http://www.actu.asn.au/work_rights/news/1140489718_19710.html

Did you know?
Young workers require extra protection if they are under 18; they cannot do work that, is beyond their physical or psychological capacity; that exposes them to toxic substances; or to harmful radiation; involves health risks from extreme temperatures, noise or vibrations; or that could cause accidents because they lack experience or training or attention to safety.

Learn more

Group: Process may mask bad meat
Shoppers who judge the freshness of meat by its color may be deceived by a relatively new industry practice of treating meat with carbon monoxide, critics say.
Read the full story at http://www.cnn.com/2006/US/02/21/meat.carbon.monoxide.ap/index.html

Government plans "another wave" of IR changes if re-elected

Dear Chef,
The Howard Government will embark on "another wave" of radical industrial changes if they win the next federal election, despite the fact that the majority of Australians were fundamentally opposed to the new laws, it has been revealed.

In a leaked recording, the Government leader in the Senate apologised that the Liberals’ radical industrial relations laws did not go far enough.

"There is still a long way to go," Senator Nick Minchin told the HR Nicholls Society, an advocacy group for extremist labour reform.

Despite widespread opposition to the laws, the Howard Government would pursue "another wave of industrial relations reform" following the 2007 election, he said in a secret address.

"Poll after poll demonstrated that the Australian people don't agree at all with anything we're doing on this - we have minority support for what we're doing," Senator Minchin said.
"The fact is the great majority of Australians do not support what we are doing on industrial relations, they violently disagree."

The Howard Government's laws, which will come into effect later this month, have already removed unfair dismissal rights from 3.5 million workers. It is now easier for employers to force workers onto individual contracts that undercut take home pay and remove conditions. The Government has abolished award safety net, and is allowing employers to remove conditions like penalty rates, overtime pay, weekend rates, public holidays and redundancy pay.

Senator Minchin's speech is a clear sign that the Howard Government is determined to pass laws that are in the interests of big business at the expense of ordinary working families.

Now that Senator Minchin has let the cat out of the bag, we must make sure that the Australian public is informed about the Howard Government's real plans for industrial relations.

On our website you can find the details of all the major national, state and local papers. Just select which one you want to write to, and use our site to send your letter straight away.

Write a Letter to the Editor of your nearest newspaper now:

www.rightsatwork.com.au/campaigns/anotherwave

Together we will fight for your rights at work.

Many thanks,

Sharan Burrow, Greg Combet,
& the Rights at Work campaign team.

Process may mask bad meat.
Shoppers who judge the freshness of meat by its color may be deceived by a relatively new industry practice of treating meat with carbon monoxide, critics say.
Read the full story at http://www.cnn.com/2006/US/02/21/meat.carbon.monoxide.ap/index.html

* Futures Up For Grabs in Visa Vote
    Thousands of young Australians wanting a trade could be left
    without a future, with Federal Parliament voting next month on a
    law to allow employers to source "temporary" apprentices from
    overseas.
    ACTU President Sharan Burrow has called for a conscience vote on
    the proposal, which she sais was "further evidence that the
    Government's temporary overseas worker program is out of control".
    http://workers.labor.net.au/295/news2_futures.html

* Online Porkies Spark Class Action
    An email to workers claiming they would be no worse off under an
    individual contract has become the battleground in a landmark $16
    million class action against the University of Ballarat.
    Individual workers are suing the University for $33,000 each on the
    basis that they were provided 'false and misleading information'
    about the Australian Workplace Agreement.
    http://workers.labor.net.au/295/news3_class.html

* Gate Crashing Gourmet
    Former employees of Gate Gourment - an in-flight catering company
    associated with Ansett whose business crashed with the airline -
    have won back outstanding entitlements after a five-year campaign.
    http://workers.labor.net.au/295/news83_Gate.html

* Australia Mum On Basic Rights
    Unions have called for a national standard for maternity leave,
    following a federal government report finding just seven per cent
    of employers offered the recommended global minimum.
    http://workers.labor.net.au/295/news85_MUM.html

* Filipinos Pay for Packed House
    Filipino guest workers in Brisbane are being forced to live in
    overcrowded houses, where they are being overcharged for rent and
    food.
    http://workers.labor.net.au/295/news87_Guest.html

* Trust Me, I'm a Unionist
    As the Australian workplace faces its biggest upheaval in more than
    a century, latest figures reveal Aussies trust union officials more
    than the federal politicians and business execs behind the changes.
    http://workers.labor.net.au/295/news93_Union.html

What The New Workplace Laws Will Co$t You.

Some employers are operating under the mistaken belief that the new workplace laws are the best things that could happen for their business. They are very wrong.

For Employers: It will cost you hours of time negotiating individual staff contracts, thousands of dollars in legal costs, you will have to cut wages and conditions to compete with less scrupulous employers, this will cost you your best staff. The new laws will cost employers a lot.

For Workers: It will cost you your penalty rates, your overtime, public holidays, job security, cost you time with your family and friends, you will have even less control over your hours worked and rosters, because these conditions are not protected by law. Workers have a lot to lose.

The Howard Federal Governments WrongChoices. Wrong for workers. Wrong for business. Wrong for you. Wrong for Australia. To find out how Wrong Choices will affect you visit www.fairgo.nsw.gov.au or call the Fair Go Advisory Service on 13 16 28, or David at the Chefs Union on 6273 1238.

www.getup.org.au

www.rightsatwork.com.au

Remember: You have the right to work with pride and dignity.

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Remember: You have the right to work with pride and dignity.

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