Old days of union turf wars tipped to return

Employers have predicted a rise in unemployment and "a return to the bad old days of turf wars" over union right of entry under new workplace reforms.

As employment figures out today are expected to reveal a rise in jobless families, mining giant BHP Billiton has complained that the Fair Work laws will make it "practically impossible to exclude from the negotiations any interested union" on new sites.

The mining giant warns in a submission to parliament that it has significant concerns over right-of-union-entry rules at companies and work sites, allowing union officials to look at records.

As the Senate prepares to review the laws with a view to possible amendments, unions are pushing for even greater right of entry to work sites and a return to pattern bargaining.

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From Page 1 It ’s a push that has been seized on by Workplace Minister Julia Gillard to argue that the laws are not a sop to unions, with both sides unhappy with elements of the legislation.

But the employers claim unemployment will rise if the laws are not amended.

The Australian Chamber of Commerce said yesterday it was not the time to risk productivity or companies ’ capacity to hire.

"Our assessment of the laws is that they will impact negatively on the employment market unless the laws are significantly amended. That means adding to unemployment," ACCI chief Peter Anderson said.

But a submission to the inquiry from the Government ’s Department of Education, Employment and Workplace Relations argues that the forecast rise in unemployment is "in no way attributed to workplace relations reform".

Unions yesterday confirmed they were concerned about the limits on industry-wide agreements and the restrictions on what could be agreed to in workplace agreements, including unfair dismissal rights that conferred new protections on new employees who had not yet qualified for protection.

Melbourne Institute deputy director Mark Woodend said the push to reintroduce pattern bargaining was particularly troubling.

"They ’d like the old industry arbitration system where they just rock up and get an industrywide agreement," he said. "That ’s the 1970s. They ’re not going to get it.

"Their point is that in the election the Government made all sorts of promises and pledges.

"So they believe the party owes them one. I think they believe the legislation is a bit weaker than what they told their members." Mr Woodend said: "I don ’t believe the unions ’ case is very strong. What I do know is anything akin to multiemployer bargaining is a very bad thing." NSW Business Chamber chief Kevin MacDonald said: "We are concerned that the new right-of-entry rules will bring back the bad old days of union turf wars, which cause serious harm to business and rarely bring direct benefits to employees either.

"NSW Business Chamber and ABI are also concerned that under the new right-of-entry rules, unions will be able to inspect the personal and employment details of employees who are not members of the union," he said.

"We believe that an employee ’s right not to join a union should be respected, and so we have recommended that the Government amend the proposed rules so unions can only inspect the records of the employees who have chosen the union as their representative." theaustratian.com.au

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