Australian Financial Review
http://www.afr.com.au/content/991025/news/news2.html
October 25, 1999

Reith's third wave: goodbye to awards

By Stephen Long and Kath Cummins

The Federal Minister for Workplace Relations, Mr Peter Reith, has stepped 
up his push for a third wave of industrial relations reforms based on the 
corporations power of the Constitution, with the Australian Democrats 
supporting his push for a uniform national system.

Mr Reith announced yesterday that he had established a departmental task 
force to push the proposal.

And the Democrats' industrial relations spokesman, Senator Andrew Murray, 
affirmed his strong support for using the corporations power to replace 
separate State and federal industrial relations systems with a single, 
unified regime.

Mr Reith said he and Senator Murray had already held some preliminary 
discussions on the issue.

The Government's model would replace the award system with a set of minimum 
standards on wages and conditions underpinned by the corporations power. It 
is pitching the plan to the Democrats as a way for workers to avoid falling 
through the cracks of a dwindling award system.

But while backing the Government's "third wave" based on the corporations 
power, Senator Murray said categorically that there would be no deal with 
the Federal Government on its existing Workplace Relations Amendment Bill.

In an interview with The Australian Financial Review, he ruled out any 
prospect of a negotiated package of the kind struck between Mr Reith and 
the former Australian Democrats leader, Ms Cheryl Kernot, for the 
Government's first-round legislation.

"I am not going to deal with a package on this," he said.

"I have no incentive to. You have to understand it's a completely different 
political situation.

"Last time round, they could have gone to a double dissolution. And the 
economic imperative [for what the Government is proposing] just isn't 
there. We have low interest rates, rising employment and the lowest round 
of industrial disputation on record.

"As it stands, it will be dealt with as the legislation is, before the 
Senate. [And] I'm not going to be looking to negotiate a passage."

Senator Murray described the duplication involved in separate State and 
federal industrial relations systems as ridiculous.

But he qualified his support for a unified system that made increased use 
of the corporations power by saying it was imperative the Government gained 
mirroring legislation from the States.

This is a politically daunting task for Mr Reith, given that four out of 
six States are now Labor-controlled. And it would, in effect, rule out the 
use of the corporations power by the Federal Government as the driver for a 
radical deregulation of the labour market.

"We support the investigation of this issue because we want to see as many 
workers as possible covered by awards, and this figure is diminishing 
fast," Senator Murray said. "I am supportive of using [corporations power] 
to provide a unitary system, provided you get the States on side."

He said it was essential to ensure the States passed mirroring legislation 
to ensure workers employed by unincorporated businesses did not "slip 
through the cracks" and that gaining the States' approval would provide 
appropriate checks and balances.

Mr Reith told the Industrial Relations Society of Australia's annual 
convention in Perth at the weekend that use of the corporations power would 
permit a continued role for awards and the [Australian Industrial 
Relations] Commission, unions and employer bodies but under a different 
statutory framework.

"The focus would continue to be on enterprise and workplace 
agreement-making, with the underlying protection of a national safety net," 
Mr Reith said.

"It is a proposal which has some intrinsic benefits for both employers and 
employees.

"Those benefits, if we are being objective, should cross, at least in part, 
political divides."

He cited Senator Murray's view and a 1996 speech by Victoria's new Premier, 
Mr Steve Bracks, supporting in principal the concept of a single national 
system of industrial relations as evidence that cross-party consideration 
of such issues is a possibility.

Senator Murray also said he believed there was scope for some common ground 
between Labor States and the Federal Government on the issue.



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