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smokin' joe .....
from Lateline …..
JOE HOCKEY: No, of course not. Of course I couldn't say that. But you know what, you can't go into a contract, a perfectly valid contract, which two people entered into without duress, by agreement and say we are going to have this new government test apply and if there is anything wrong, we're going to have back pay. Now that is - that is probably unlawful, but obviously the logistics of that are phenomenal. Now, you have to take it at face value.
TONY JONES: Has it all been without duress, was it? I mean, for example, the Spotlight case. People found themselves in the position of being offered 2 cents an hour compensation for giving up their award entitlements. Now if that were - if the fairness test were applied to that, would it be agreeable?
JOE HOCKEY: Probably not, probably not.
TONY JONES: And yet you and the Government defended it last year.
JOE HOCKEY: Well because in that situation there were people who were getting jobs for the first time. Now, at the time of the laws –
TONY JONES: But what's the logic of that?
JOE HOCKEY: Well I'll tell you the logic –
TONY JONES: I mean if it wouldn't pass a fairness test, how could you defend it?
JOE HOCKEY: Well Tony, from our perspective... etc.
------------------ Gus: Slavery for the first time for some... Not forgetting the ban on collective bargaining and the imposition of fines on people trying to protect other workers jobs, plus ban on union representative coming to a workplace to just even investigate if conditions are fair... Yes the government will use all the dirty tricks to "soften the blow" of its IR laws but in fact it is just "softening you up"...
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blowin' smoke .....
The Government's new 'Fairness Test' for AWAs is descending into farce, with operators at the WorkChoices hotline being instructed not to say 'I don't know' when asked about details of the test & senior Ministers avoiding using the word 'WorkChoices'.
Workplace Relations Minister, Joe Hockey, is meeting with employer organisations today to seek their views on the test, but will not be able to give them details as to how it will operate, as his spokesman said they would not be released until the end of the month.
The previously confidential script for call-takers at the Government's new 'Workplace Infoline', released to the media today, provides instructions for when callers are dissatisfied with the lack of available information, stating:
'At no timer is an Advisor to use the phrase “I don't know” when answering a caller's query. Rather, Advisors should say that "this is the information that is currently available; we can offer you a call back when further information becomes available".'
The call centre instructions also direct call-takers to avoid mentioning the legislation, saying: 'Reference to the legislation should be avoided if possible.'
Employers are also getting contradictory messages from Government Ministers & from the hotline.
Both rattus & smokin’ joe have told employers to 'err on the side of caution' by making sure monetary compensation is paid in return for removing penalty rates & overtime from AWAs until the fairness test details are released.
However, the call centre script states:
'The Fairness Test will consider both monetary and non-monetary compensation in exchange for changes to the protected award conditions.'
And …. 'In some circumstances, factors such as the industry, location, economic circumstances of the business & the employment circumstances or opportunities of the employee will also be considered.'
Howard himself made these points when announcing the test, but until there are guidelines neither employers nor employees have any idea how they will operate.
'In ALL instances a client should be referred to the workplace website (www.workplace.gov.au), not to the WorkChoices website.'
ACTU President, Sharan Burrow, said the fairness test is a farce.
'It will not protect people's penalty rates, shift allowances, overtime pay, public holiday pay, annual leave loading & other award entitlements,' she said. 'The fact is that millions of workers won't be covered by this new fairness test. Workers in new businesses, people on existing AWA individual contracts & those in award-free areas are just some of the people that won't be protected.
'Without the legislative detail, it is also unclear whether non-monetary things like free video hire & pizzas can be offered to workers in video stores or cafes in exchange for losing all of their penalty rates or overtime pay under these changes.
'And it appears that workers in country areas or young people getting their first job are not guaranteed proper financial compensation for losing their penalty rates, overtime pay, public holiday pay, annual leave loading or other award conditions.'
Meanwhile, Family First senator, Steve Fielding, last night confirmed he had been briefed by Workplace Relations Minister Joe Hockey on the Work Choices changes, but had yet to decide whether to back the Government.
manufacturing loopholes...
Gus: for those who thought that I did not play the ball straight...
From the ABC Lateline:
TONY JONES: Research published last month from the Office of the Employment Advocate showed that 44 per cent of AWAs signed around that time had stripped away award conditions that you promised to protect.
JOE HOCKEY: And you know what Tony? You conveniently leave out the fact that over 85 per cent of those AWAs paid the same or more than the award.
TONY JONES: The point is those people do not get access to the fairness test. So you created a system, have you not, that has two tiers - two classes of workers - those who get access to the fairness test under AWAs and those who do not. Now why would the ones who do not get access to the fairness test, which you call a safety net, why would they not be unhappy about not having access to the safety net?
JOE HOCKEY: Because on average, they are earning twice as much on an AWA as they would be on an award.
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Gus: "twice as much"? pull the other leg! why would employers pay people "twice as much"?... So they could have them sign an AWA? So they could fire them at will? So they could remove all the penalty rates, thus workers on "twice as much" get less in their pockets at the end of the day??? Sure... But paying a real "twice as much"? Blistering Barnacles! Profits would soon plummet and they'd run out of fodder to manufacture their little loopholes!
We're standing in it...
Federal Workplace Relations Minister Joe Hockey has refused to say how much a new round of advertising on industrial relations will cost.
The Federal Government will launch another advertising blitz this weekend to explain recent changes to its industrial relations (IR) legislation.
The Government has stopped using the term 'WorkChoices' to describe the legislation, saying the change of language is designed to highlight the newly introduced fairness test for low and middle income earners on Australian Workplace Agreements (AWAs).
Mr Hockey says the ads, to run this weekend, will be simple and free of spin and will refer people to a workplace information hotline.
But he declined to put a figure on how much the ads will cost.
"We will monitor its success," he said. "It's important that people know where they stand."
The Government insists the ads are needed to counter what it says is a union fear campaign.
But Labor's deputy leader Julia Gillard describes the campaign as "desperate" and "arrogant".
"If the Liberal Party wants to put up a party-political propaganda campaign, then it should pay for it," she said.
"The Howard Government's answer isn't to do something about WorkChoices.
"It's to pretend to change the name and then to stick its hand in the purse and wallet of every Australian to fund a deceitful advertising campaign."
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Gus: "will be simple and free of spin and will refer people to a "workplace" information hotline"?.. Does this mean what Joe Hockey's mob did before was full of spin? And so far in my long life, I've NEVER EVER seen advertising being "free of spin"... The fact IS that something or someone being tooted or simply appearing with a price tags IS SPIN... And should we be in trouble with our pay packet, being told to ring yet another weird PorkChoices construct of the Government that may record your name and grievance for training purposes would worry me no end... Simplistic? Cunning?... sure... They'll know where you live...
My advice? ring your (former?) union and ask for advice... Don't tell Johnnee though.