Victorian Trades Hall Council. The voice of Victorian workers since 1856.Victorian Trades Hall Council. The voice of Victorian workers since 1856.

Howard's Work laws allow union sackings

Federal workplace laws now allow employers to sack workers as a means of reducing union influence in the workplace, according to a recent legal test.
 
The Australian Industrial Relations Commission found that while a machinist at a glass manufacturer in Melbourne was sacked “predominantly” because he was on a union agreement, the sacking was not unlawful because there had been an economic downturn in the business as well.
 
Under WorkChoices this satisfies the “operational reasons” clause according to the AIRC, which allows employers with less than 100 workers a means of dismissing staff without unfair dismissal rights kicking in.
 
Unions are now concerned that other employers will use the decision to target unionists as a means of silencing calls for collective agreements in in the workplace.
 
Commissioner John Lewin told The Australian the legislation in fact meant the AIRC did not have the power to determine whether the sacking was unreasonable.
 

The CFMEU is considering appealing the decision in the Federal Court.


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