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MEDIA RELEASE: Unions till the soil for more extreme IR changes

Providing Influence and Industry Advocacy since 1918

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Resource sector employers are concerned trade union leaders are building the case for more extreme anti-business industrial relations changes ahead of this year’s federal election.

The Australian today reports the Australian Council of Trade Unions (ACTU) is lobbying the Albanese Government to ban employers from taking lockout action in response to industrial action by employees.

“The right to lock out striking employees is very rarely used as it ultimately hurts the business as well as penalises the workforce,” said AREEA Chief Executive Steve Knott AM.

“But when faced with extreme demands and damaging strikes, it may be the last response action left available to employers within Australia’s IR system.

“Employers are still reeling from three substantial packages of egregiously pro-union changes to Australia’s IR legislation passed during the Albanese Government’s first term.

“Unions can now force bargaining on employers without requiring the majority support of the workforce.

“They are incentivised to draw out disputes beyond nine months so they can get their enterprise agreement terms arbitrated by the Fair Work Commission; and they can threaten and organise strikes in support of multi-employer bargaining campaigns.

“These are all new features of the IR system that were not announced prior to the Government’s election in 2022 and were passed into law with very limited justification or consultation.

“We are already seeing a notable increase in industrial disputes. ABS data shows during the Albanese Government’s first term the average number of industrial disputes is up 25% and the average number of working days lost is up 53%, compared to the prior nine years of Coalition Government.

“Australian employers are facing greater employment costs and complexity than ever before and unprecedented third-party interference in the management of their workforces.

“Should the Government cede to the ACTU’s demands to limit or reduce lockouts – sometimes the last line of defence for besieged employers – it may as well ask businesses to hand over a blank cheque to militant unions to write their own terms and conditions.”

Despite the Government’s assurances of no further substantial legislative IR changes, Mr Knott said employers suspected a pipeline of further union demands should the ALP win a second term.

“Union wish-list items are likely to include non-member union bargaining fees and unfettered rights to strike at any time,” Mr Knott said.

“It’s also curious the ACTU would go public with this particular IR policy demand just days before the Government is set to be handed its report on the impacts of its first IR legislation amendment package – which included significant overhaul of Australia’s enterprise bargaining laws.

“These developments have employers very nervous about what the ACTU is planning for a potential second term of the Albanese Government.

“The Government should take this opportunity to categorically rule out any change to lockout provisions and restate its position on no additional amendments to IR laws.”

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