Within the advertisements, the Federal Government makes some staggering claims that do not provide a proper account of what these changes will mean for you, your children and future generations.

Following numerous worksite meetings across the State, the PSA has prepared a fact sheet that answers the most commonly asked questions.

Question 1

Will the proposed changes affect me?

Yes. The loss of the State Industrial jurisdiction will result in your employment being governed by the Commonwealth Government's new laws. Even without changes to the law, Commonwealth funding is being made conditional upon the use of individual contracts (Australian Workplace Agreements).

Question 2

The Commonwealth Government says that workers will have choice. Why is that a problem?

Employers will be able to offer employment on the basis of the contract offered. If a potential employee does not like the contract, no matter how bad it is, they will not get the job. Employment conditions for all workers will be eroded.

Question 3

Will the establishment of an Australian Fair Pay and Conditions Commission safeguard my rights and conditions?

No. The establishment of a Government appointed Australian Fair Pay and Conditions Commission is yet another mechanism for cutting real wages.

The role of the new Commission is to set an absolute minimum pay rate. It does not have a role to fairly determine wages and conditions.

Additionally, with the loss of numerous conditions from Awards including overtime and penalties, workers' take home pay will fall dramatically.

Question 4

Is there a difference between unlawful dismissal and unfair dismissal?

Yes. Unlawful dismissal is much more restricted than unfair dismissal. Unlawful dismissal covers areas such as discrimination on the grounds of family responsibilities, pregnancy, race and gender, union membership and political affiliations, where an actual law is broken.

Most workers will be able to be dismissed without reason, and without remedy.

Question 5

Why do we need a State IR System?

For SA Public Sector workers, the State IR system provides protection for our wages and conditions, through it's system of Awards and Agreements. The loss of this State jurisdiction will result in a transfer to the Commonwealth where there will be very little protection.

The powers of the Australian Industrial Relations Commission will be reduced dramatically, hence, it's role in real terms, will be severely limited.

Question 6

What is the difference between an Enterprise Agreement (EA) and an Australian Workplace Agreement (AWA)?

The most basic differences between an Australian Workplace Agreement and an Enterprise Agreement are:

• An AWA is an agreement that applies to an individual employee while a certified Agreement is a collective Agreement that applies to a group of employees and is generally negotiated with union involvement.

• AWA's override Award conditions and can reduce your pay and conditions to less than Award standards.

• Employees who are covered by unions with negotiated EA's are 20% better off in terms of wages and have superior conditions of employment.

Question 7

If AWA's are implemented, won't my Award protect my pay and conditions?

Absolutely not. At present, the operation of the 'no disadvantage test' makes a person's Award their Safety Net.

For example, when a proposed Enterprise Agreement is put before the Industrial Relations Commission for certification, a number of 'tests' have to be fulfilled (i.e. no disadvantage) prior to certification occurring. In other words, no employee can do worse than their Award.

The Award covers minimum wages, plus a vast number of conditions of employment. However, the new Safety Net as proposed by the Federal Government will cover the minimum wage and just four conditions, annual leave; sick leave; unpaid parental leave and the 38 hour week.

Conditions that will no longer effectively be covered by the Safety Net include overtime, penalties, weekend rates, public holiday rates and annual leave loading. Workers who are offered employment on the condition that they accept an AWA will gain no protection at all from the relevant Awards. Awards will become irrelevant for employees on AWA's.

PSA Chief Industrial Officer, Peter Christopher

Ph: 8205 3200 or email: pgc@cpsu.asn.au

YOUR RIGHTS AT WORK, WORTH FIGHTING FOR

27 July 2005