Unions defiant in the face of illegal strike warning
14 October 2018
Sydney Morning Herald
ACTU Secretary Sally McManus has accused Fair Work Ombudsman Sandra Parker of "intimidating working people" ahead of a series of union rallies, after the regulator warned workers they could face hefty fines if they took illegal strike action to participate.
In a letter sent to the Ombudsman and seen by Fairfax Media, Ms McManus demanded that the workplace regulator remind bosses of their obligations under the Fair Work Act, arguing that those who knocked back leave requests to stop workers from attending a protest could themselves be breaking the law.
ACTU secretary Sally McManus has called out the Fair Work Ombudsman in a strongly-worded letter.
The peak body for Australian unions is organising a series of rallies across the nation as part of its Change the Rules campaign, which aims to secure new industrial relations laws to give unions more power to negotiate for better pay and conditions.
Low wage growth has emerged as a hot button issue ahead of the coming Federal Election, with Opposition Leader Bill Shorten yesterday unveiling plans to shake up the workplace relations system if Labor wins government.
Ms McManus - who has previously said she does not have a problem with workers breaking the law if the laws are "unjust" - called on the Ombudsman to "balance your existing public comments with a clear and unequivocal message to employers that reminds them of their obligations to allow leave to employees where it would otherwise be given".
She said bosses should be warned of "the prospect that they too will be investigated and fined should they fail to do so on the basis of preventing people exercising their democratic rights".
The Fair Work Act states that employers "must not unreasonably refuse" a request for annual leave, while employees may be asked for a doctor's note if they take personal leave.
A phenomenon colloquially known as "the blue flu" — originating from unionised police officers in their uniforms — is when workers strike by taking sick leave, often after being refused protected action by the Fair Work Commission.
"I am also concerned that the effect of your public comments to date may suggest that the protests are themselves illegal or unlawful, which is untrue," Ms McManus wrote.
"Of greater concern is the fact that your public comments to date may have had the effect of intimidating working people and emboldening employers who may wish to prevent their employees from attending these rallies," the letter continued.
"In doing so these comments may misrepresent both these lawful political protests and people’s right to participate in them."
It comes after Ms Parker, a Turnbull Government appointee, last week warned unions and workers they could be investigated if they went on strike to take part in the ACTU's Change the Rules rallies, potentially exposing them to fines if the regulator pursued them for organising or engaging in allegedly unprotected industrial action.
Building regulator the ABCC has also warned construction workers they could be prosecuted if they do not get advance written permission from their employer to attend the rallies.
ACTU President Michele O'Neil told Fairfax Media she did not think the warnings would deter workers from attending, saying attempts to "intimidate" would only galvanise them to fight against a workplace relations system they believed was unfair.
The first rally will be held in Perth on Thursday, with the biggest event to be held in Melbourne on October 23, when up to 150,000 workers are expected to attend - bring the city's waterfront and construction sites to a grinding halt. Rallies will also be held on the same day in Sydney, Wollongong, Gladstone, Cairns, Rockhampton and Townsville.
Ms McManus wrote that the law "clearly states that an employer must not take adverse action [such as sacking an employee] because of the person’s political opinion" or for engaging in "lawful activity".
While protesting is not illegal, the only way to legally go on strike is to take protected industrial action, which under current laws must be undertaken as part of enterprise agreement negotiations.
The Fair Work Commission has power to make orders to stop or prevent unprotected industrial action when it is threatened, impending, probable, or being organised, with individual workers subject to penalties of up to $12,600 if they defy such orders.
Employers are also obliged to deduct a minimum four hours’ wages from workers’ pay for unprotected action taken in order to attend a rally - even if they spend less time away from work.
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Unions Defiant In Face Of illegal Strike Warning (Read 855 times)
