A leading employer group has
warned of ''considerable risks'' if the
Federal Government does not get the
detail of its industrial legislation right
in the current climate of rising
inflation and wages pressures.
While the ACTU has blamed
increased fuel prices and not wages
for higher inflation, the Australian
Industry Group (Ai Group) said the
new laws must not allow a return to
the old days of union ambit claims
and compulsory arbitration.
In a speech to the Queensland
Industrial Relations Society yesterday,
chief executive Heather Ridout
said she was concerned about how
the new laws would define the
Government's commitment to ''good
faith bargaining'' between employers
and unions, and that access to
arbitration to settle disputes was
limited.
The Government is preparing a
substantive Bill for the August
session of Parliament to flesh out the
bulk of the system to replace Work-
Choices at the start of 2010.
In February, the Rudd Government
introduced the first part of its
new laws with its ban on new
Australian Workplace Agreements.
Ms Ridout said hundreds of
enterprise agreements among Ai
Group's 10,000 manufacturing
industry members were coming up
for renegotiation in the second half
of the year, including some major
bargaining rounds.
''Times are interesting. Inflation is
on the rise and wages are drifting
upwards, despite this week's soft
Labour Cost Index figures,'' she said.
''All this points to considerable
risks if we get the shape or details of
the new workplace relations system
wrong.''
Ms Ridout said any push to widen
access to compulsory arbitration
beyond when a dispute was damaging
the economy could leave unions
or employers with little incentive to
reach an agreement.
It could lead to a situation where a
union could make excessive claims,
back it up with industrial action and
then wait for a ''compromise'' to be
imposed.
''This would represent a return to
the old days of arbitration around
ambit claims. Arbitrated outcomes
(particularly those favourable to
unions) would undoubtedly flow-on
across industries,'' Ms Ridout said.
The Ai Group and other employers
were also concerned about the rules
surrounding the content of
enterprise bargains, limits on industrial
action and the need to retain
secret ballots.
Ms Ridout singled out the new
body to replace all industrial
agencies, Fair Work Australia, and
said she was concerned about how
its different functions advising on
law, investigating alleged breaches,
pursing prosecutions and imposing
penalties would be separated.
''Unless very clear divisions are
established between different
functions serious conflicts of interest
will undoubtedly arise,'' she said.
While Workplace Relations Minister,
Julia Gillard, had given
commitments on these issues, Ms
Ridout believed the proof would be
in the detail of the drafting.
Ms Gillard and her department are
preparing the Bill in consultation
with the Workplace Relations Consultative
Committee which has a
range of members including the
ACTU and the Ai Group as members.