Treading Carefully on IR

Proposing changes to legislation when in Opposition is dangerous, even to laws as unpopular as "Work Choices." Badly thought out responses will form the basis of a government scare campaign, and it's heartening that Labor seems to have realised this, judging from recent comments by Kim Beazley.

From the ABC's AM program:

KAREN BARLOW: Kim Beazley says the new laws have given employers too much power and are cultivating a culture of workplace bullying and intimidation.

The Labor leader says the Government has not been able to give any evidence that the new laws increase productivity. And he says the Minister for Workplace Relations, Kevin Andrews, has not been able to exactly define what the legislation allows and disallows.

KIM BEAZLEY: We can't even get a straight answer about whether or not Australians are still entitled to public holidays, like Good Friday, Easter Monday or Anzac Day.

The legislation says that if they're told to work on a public holiday, employees must have reasonable grounds to refuse. It has to be said, there may be a great impetus here to religious conversion, because when you ask what reasonable grounds actually means, you just get another torrent of legalese. So you'd better want to go to mass on Christmas Day, that's all I can say.

KAREN BARLOW: Under the new laws, the Workplace Relations Minister can declare elements of workplace agreements to be prohibited content and have them struck out.

Kim Beazley says a Labor Government would do away with that ministerial interference.

KIM BEAZLEY: Already they have implemented regulations the can fine an employer $33,000 just for including protections from unfair dismissal in workplace agreements.

What kind of choice is that? How ridiculous that this legislation was called WorkChoices.

KAREN BARLOW: Mr Beazley says sympathetic employers may be reluctant to commit to childcare and family-friendly terms of employment in writing, out of fear of prosecution.

He's promised to give employers and workers flexibility to negotiate and agree on the terms and conditions that they want in their agreements.

KIM BEAZLEY: That could mean practical provisions to help them with family life, like working from home when childcare is not available, moving to a work location closer to school or childcare, and assistance with locating childcare, out of school care and elder care.

KAREN BARLOW: Labor would also establish in every state and many regional centres, an unfair dismissal tribunal, along similar lines to the Small Claims Tribunal.

The unfair dismissal tribunal would allow both bosses and workers to be heard and it would be required to resolve 90 per cent of claims within 90 days of lodgement.

These comments are a change from the previous "we're going to rip-up the legislation" line that Beazley previously stated. It's recognition that the new IR legislation framework will stand after the election of a Labor government, if for no other reason that Labor will never have a majority in the Senate.

It's unlikely that the majority of the population wants (or really cares) to return completely to the old system, but they do want safeguards. They want some protection from unfair dismissal, guarantees of public holidays, and having the option to collective bargain and being represented by a union.

The IR changes are bringing mountains of bad news for the government. Sensible handling of the issue by Labor is their best opportunity in a decade. Let's hope they don't stuff it up!

Footnote: To my three regular readers, have a safe and pleasant Easter.