Published Monday, 05 February, 2007 at 10:29 AM

Minister for State Development, Employment and Industrial Relations
The Honourable John Mickel

Inquiry supports Workplace Rights Advocate for Queensland

The Queensland Industrial Relations Commission inquiry into the federal Government’s Work Choices industrial laws has recommended the setting up of a Workplace Rights Advocate office to help workers and employers.

Employment and Industrial Relations Minister John Mickel said the ombudsman-style Queensland Workplace Rights Advocate would help employees and employers navigate the harsh Work Choices industrial laws and investigate claims of rip offs.

The recommendation is the major finding out of the Industrial Relations Commission inquiry.

“The report highlights serious concerns raised by the inquiry over the negative social and economic impact of Work Choices,” Mr Mickel said.

The inquiry found:
• economic uncertainty for families after cuts to unfair dismissal laws and the decrease in wages and conditions of employment through Australian Workplace Agreements
• vulnerable employees having to “take it or leave it” with regard to conditions of employment under AWAs
• employees not raising normal industrial relations issues, such as health and safety and questionable terms and conditions of employment, for fear of losing their jobs
• confusion among many Queensland workplaces, employees and employers with regard to workplace rights and jurisdiction
• less skilled employees are most affected.

The recommendations revolve around the establishment of a new, separate statutory body that would report to the Minister, and the various functions and powers the new body should be given. These include providing a one-stop shop for the gathering, recording, referral and dissemination of information concerning unfair and inappropriate work practices.

“The Workplace Rights Advocate position is needed because the inquiry found numerous cases of workers being ripped off and being sacked without reason,” Mr Mickel said.

“Disturbingly, evidence to the Commission showed employees were increasingly reticent to discuss important issues such as safety and pay and conditions for fear of being branded a trouble maker and sacked on the spot.

“An advocate working for employees and their families is needed because all the cards are stacked in the favour of employers at the moment.”

Mr Mickel said scrapping unfair dismissal and union right of entry laws and pushing unfair AWAs on to unsuspecting workers had scared employees into signing agreements which targeted existing entitlements and conditions such as overtime, penalty rates, and public holiday pay.

“Information revealed to the inquiry showed that scrapping the unfair dismissal provisions has raised fears of unscrupulous employers ripping off foreign workers to undercut local Aussie employees,” he said.

“Prior to Work Choices, there would have been more options available to deal with such a situation, including the ability to make an unfair dismissal claim, protection of award conditions under the no disadvantage test, and more effective right of entry provisions.

“Workers in regional and rural areas particularly have faired poorly under Work Choices because jobs are harder to come by in the bush and information isn’t as readily accessible in many cases.

“That’s why an advocate for workers needs to be appointed. The economy is performing well at the moment but when the eventual downturn happens then workers everywhere will find their jobs being undercut and pay and conditions under fire by these harsh unjust Work Choices laws.”

Media contact: Chris Brown 3224 7349 or Elouise Campion 3224 6784.

5 February 2007