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How not to negotiate with workers

By Jim McDonald - posted Monday, 21 November 2005


On one hand, the Government introduces legislation to strengthen the hand of farmers and other small businesses in dealing with the supermarkets. On the other, the WorkChoices Bill makes it harder for unions to represent employees in those same supermarkets in collective arrangements.

The Government will reply that WorkChoices makes it possible for individuals and unions to negotiate flexible arrangements. It is not credible that workers would willingly agree to see their conditions become less generous, their benefits reduced, their working days extended and jobs more intensive, while their extra efforts are unrewarded.

Nor is negotiation an option for most workers in non-management positions, who face individual contracts. This is especially true for employees with low education levels and status, whether cleaners or office workers.

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The impediments of the legislation to employee representation and fair bargaining are real. What manager in a small or medium sized business will deal with some third party agent hired by an employee if they are using AWAs to get away from the “intrusion” of third parties (i.e. unions)? What employee or job applicant will go to the trouble of formally appointing in writing a bargaining agent as the Act requires? And, what employer will appoint a job applicant who insists on a bargaining agent negotiating their employment contract?

The Government’s rhetoric cannot hide its blatantly discriminatory approach towards workers and their unions.

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About the Author

Jim McDonald was high school and TAFE teacher in the 70s, an active unionist for 20 years, a union official for a decade, and taught industrial relations courses for 15 years at undergraduate and postgraduate levels at USQ and Griffith Universities. He stood for The Greens in Wide Bay during the 2010 Federal election and for Noosa in the 2012 Queensland election. He is presently a Queensland Greens Spokesperson and is a delegate to the Queensland Greens Council.

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