Hulls At Odds With Federal Labor’s National Employment Standardson

Yesterday’s Federal Government release of draft National Employment
Standards further highlights the conflicts between Victorian and Federal
Labor over industrial relations, Shadow Minister for Industrial Relations
Robert Clark said.“State Industrial Relations Minister Rob Hulls continues
to impose flexiblework arrangement obligations on Victorian employers
that are at odds withthe standards released by Federal Labor,” Mr Clark
said.

The Victorian obligations are imposed by the Equal Opportunity
(FamilyResponsibilities) Bill, which the government forced through
Victoria’sUpper House last week.The Victorian legislation imposes a
legal liability on employers not to“unreasonably refuse to accommodate
the responsibilities that the employeehas as a parent or carer”.

Obligations that can be imposed on Victorian employers include changing
working hours, letting employees work from home and rescheduling meeting
times.An employer alleged to have breached those obligations can be taken to
theVictorian Equal Opportunity and Human Rights Commission and to VCAT,
and ordered to pay damages or comply with work arrangements ordered by
VCAT.

In contrast, Federal Labor’s proposals only apply to parents of children
under school age, and allow an employer to refuse a request on “reasonable
business grounds”. The discussion paper makes clear that “Whether a business
has reasonable business grounds for refusing a request forflexible working
arrangements will not be subject to third partyinvolvement under the NES.”

For Victorian Labor to continue with its legislation despite the electionof a
Federal Labor government means that, if Federal Labor’s policy comesinto
operation, Victorian employers will have to comply with two separateand
inconsistent sets of requirements which will create confusion and costsfor
employers and employees alike.

Victoria’s actions are in defiance of Federal Labor’s election promise to establish
a uniform national industrial relations systems. In Forward with Fairness,
Federal Labor promised that: Under Labor, whether employees are working
in Bundaberg, Bright or Bunbury the same system of laws will apply.

By Victorian Labor persisting with its own set of laws, Victorian employers
will be liable to be taken to VEOHRC and VCAT and ordered
to pay compensation or comply with onerous tribunal orders, despite fully
complying with Federal Labor’s industrial relations requirements.

Hulls’ actions demonstrate the industrial relations turmoil and complexity that
Australians are likely to face in coming years under wall-to-wallLabor
governments, as each government seeks its own ways of pandering toits
union mates, regardless of the effects on employment, inflation and true
workplace flexibility for working families.

Friday 15 February 2008