2025 looks set to be the year that workers’ rights come under sustained attack as the coalition Government prepares a raft of anti-labour legislation.
The Government has already introduced into Parliament a Bill that proposes to enable employers to deduct wages from workers taking partial strike action.
The Employment Relations (Pay Deductions for Partial Strikes) Amendment Bill would severely reduce the ability of workers to engage in industrial action if it is passed.
Labour and Workplace Relations Minister Brooke van Velden Brooke’s bill would strip workers of their rights and tip the balance of power even further in favour of employers, says National Secretary Kerry Davies.
“Industrial action is a way for workers to address the power imbalances in employment relationships that favour employers.
“By making partial strikes less attractive workers will be forced to consider fully withdrawing labour which will see disputes escalate quickly.”
Bad law making
One of the absurdities of the Bill is that work-to-rule is classed as a form of partial strike.
“Work-to-rule just means following an employment agreement to the letter, in other words doing exactly what you are paid to do,” Kerry says.
“If this Bill passes, workers risk losing pay for simply doing the job they are employed to do and not even engaging in strike action.”
“As it stands the Bill contradicts our international commitments to provide workers the right to organise and collectively bargain, and to provide adequate protection to workers against anti-union discrimination,” Kerry says.
Health & safety changes
In a series of announcements in March Minister van Velden signalled health and safety changes including:
• Diversion of WorkSafe core funding to a road cone hotline
• Removing responsibility for health and safety from “small, lower risk businesses”, other than for critical risks
• Removing landowners’ health and safety responsibility for recreation activities on their land
• Allowing industry and organisations complying with an approved code of practice – which they can develop and have signed off by the Minister – to be deemed to have met their health and safety responsibilities.
• A reduction in board directors’ responsibility for health and safety.
The Minister is expected to introduce a Bill to enact these changes later this year.
But wait, there's more
The Government is also expected to make changes to the Holiday Act that will see cuts to sick leave for workers working fewer than four days a week and annual leave being accrued on the basis of hours worked.
“These changes will significantly impact members such as support workers who often work one of more part time jobs,” Kerry says.
Consultation is underway on a Government proposal to prevent private independent contractors from challenging their employment status through the courts, following the court finding that Uber drivers are employees with rights.
The Government is to introduce changes to the Employment Relations Act that will remove the right of some workers to take personal grievance cases. The changes could see personal grievance payouts reduced by up to 100%.
It is also proposing to change the law removing employment protections for workers when they start in a new role, making it harder for them to join a union. These protections include being provided information about unions and in their first 30 days, new employees must receive the same (or better) terms with any onsite collective agreement while they decide whether to join a union.
And in a move that will see a pay cut for thousands of already lower paid workers, Finance Minister Nicola Willis is proposing a new rule saying that the Living Wage no longer needs to be paid in cleaning, catering, and security guard services procured by government agencies.
One of the main ways to use your voice as a worker is to make submissions on Bills going through Parliament or in response to proposals from central or local government organisations.
Why submissions are important
Submissions can serve a variety of purposes. A council or government department might consult early on to get a sense of what the community and those most closely affected think about big issues, to guide which options they put forward to elected decision-makers. In a Parliamentary process, submissions on a Bill are a chance for people to pick apart exactly what’s being proposed in legislation and what effects it will have.
Submissions are an opportunity for the public to make clear what they think and why. You don’t need to be an expert – your submission comes from your unique perspective.
Everyone can make a submission
No matter where you work in community and public services, you have the same basic democratic rights as anyone else, and you can make submissions without compromising your employment obligations. You can submit in a personal capacity, as part of a group or your capacity as a PSA delegate/network rep.
The main things to remember are:
• Do it in your own time.
• Do not identify yourself with your work or agency, use information you have only as a result of your work, or use your work resources.
• If you are a public servant and submitting in a personal capacity, avoid commenting on policy you have been directly involved with developing - consider contributing through our PSA submission instead.
• Don’t bring your employer into disrepute.
• If you chose to present your submission orally, do this in your own time and let your manager know.
• Don’t include personal details – submissions are public documents.
How you can get involved in PSA submissions
The PSA makes submissions on all kinds of bills and government proposals. As the union standing up for strong community and public services, sometimes we can say the challenging things politicians need to hear that you might not feel comfortable saying yourself.
As a democratic organisation we want to involve members as much as possible in the process. We do this in a range of ways – like surveys, workshops, and through working with our elected sector and network committees. Keep an eye out for opportunities to get involved.
