Where the WA parties stand on conditions for staff working in health

17 February 2005

The HSU asked both Labor and the Coalition for answers to a range of questions on industrial relations, OSH, workers compensation, and Public Sector redundancy and redeployment.

Labor responded with comprehensive answers.

The Coalition did not respond to our requests for answers. Given their lack of response we have included their reply to the Civil Service Association.

Labor (reponse by Premier Gallop)

Industrial Relations

Will you allow health workers to maintain their existing rights to take industrial action, hold stop work meetings and establish pickets? If not what will change?

Yes. The Gallop Government commitment in support of a worker's right to bargaining collectively and take industrial action in order to obtain a fair wage is demonstrated by the reform provisions of the landmark Labour Relations Reform Act 2002.

Question:Will you change the current role of the WA Industrial Relations Commission to settle disputes in the health sector?

The Gallop Labor Government strengthened the WA Industrial Relations Commission (WAIRC) by extending its powers to promote collective bargaining and ensuring it functions as an effective, independent umpire through its landmark Labour Relations Reform Act 2002. A re-elected Gallop Government will further improve the industrial relations system by enhancing the operation of the WAIRC and promoting collective agreements.

Will you support good faith bargaining?

The Gallop Labor Government introduced good faith bargaining in its landmark Labour Relations Reform Act 2002 and is committed to promoting collective employment arrangements. To this end, the Gallop Government has bargained in good faith in public sector pay negotiations and will continue to do so on re-election.

Will you change the current State Right of Entry laws?

The Gallop Labor Government's commitment in support of union rights is demonstrated by the improved right of entry provisions in its Labour Relations Reform Act 2002 and the inclusion of provisions providing facilities for union representatives in updated public sector awards and agreements. Further changes to State right of entry laws are not proposed.

Will you guarantee that there will be no delays by Government employers in negotiating union collective agreements?

Yes. Under the former Court/Barnett Liberal Government there were delays of up to 2 years to conclude negotiations for collective employment arrangements. These delays were used as an incentive to entice public sector employees onto the Liberal Government's preferred individual workplace agreements based on productivity trade-offs.

Will you continue to allow health workers access to current trade union training leave and workplace delegate's rights?

Yes. The Gallop Labor Government's commitment to workplace delegates' rights is demonstrated by enshrining such rights in public sector awards and agreements.

Will you support the use of individual workplace agreements instead of collective staff agreements involving unions in the health system?

No. However, if a Liberal government was to be elected workplace agreements would be reintroduced and take Western Australia "back to the future" with unscrupulous employers using them to reduce labour costs below community standards and forcing new employees to sign if they wanted a job. Responsible employers who want to abide by community standards of pay and conditions would be under great pressure to take part in this race to the bottom in order to stay in business.

The 1993 Court/Barnett Liberal Government promised "choice" with no workers being worse off and that workplace agreements would lead to higher wages. The reality was that in a wide range of industries many workers with little bargaining power who wanted a job had no choice but to sign workplace agreements that reduced their award entitlements.

Where collective union agreements are in force will you allow individual workplace agreements to be offered?

No. The Gallop Labor Government is committed to collective employment arrangements for the public sector workforce. Individual workplace agreements have not been used by the Gallop Government in the public sector and the Government commits to continuing the current policy in a second term.

If individual workplace agreements are offered will you guarantee a genuine choice for all new and existing employees between an IWA and a union negotiated award and/or collective agreement?

As already stated in the answer to the previous question, Individual Workplace Agreements have not been used in the public sector and a Gallop Labor Government commits to continue the current policy in a second term of government. It was the Gallop Labor Government that restored fairness by abolishing WA Workplace Agreements in the Labour Relations Reform Act 2002.

Will you guarantee that there will be no reduction in workers' compensation entitlements or rights for health workers?

Yes. The recent reforms to the workers' compensation system made by the Gallop Labor Government provide greater fairness, balance and certainty for both injured workers and employers. This is landmark workers' compensation legislation and only a Gallop Labor Government will ensure that these important reforms are implemented in full.

In the first year injured workers will receive approximately $130 million of additional benefits in addition to speedier and fairer dispute resolution and greater assistance to help them return to work. Key features of the improved statutory benefits include raising the cap on maximum weekly benefits from $1084.50 to $1446 and an extension to after 13 weeks (currently 4) before any step down in benefits.

A further improvement is that hours-related allowances will continue to be paid after the 13 week step down (currently they cease to be paid after 4 weeks).

In various ways the performance of insurance companies will be subject to greater scrutiny. Specifically the reforms allow for interim payment directions for weekly payments or medical expenses to be made if an insurer has not commenced payment of weekly payments within the specified timeframe or has not provided a "valid reason" for not commencing payments.

Payments of up to twelve (12) weeks will be able to be ordered, plus 5% of the medical entitlement.

A re-elected Gallop Labor Government will review this new workers' compensation system in Western Australia after the first full financial year in operation to see what further improvements can be made whilst not pushing premiums to unacceptable levels.

Will you guarantee that there will be no reduction in health workers occupational safety and health rights, and that WorkSafe will continue to be funded and staffed to at least the current level in real terms?

Yes, the Gallop Labor Government is committed to raising the profile of workplace safety and health and increased the number of WorkSafe inspectors (over the term of the Government) by 25% to ensure a far greater compliance with the law.

Recent comprehensive amendments to the Occupational Safety and Health Act 1984 from 1 January 2005 mean that breaches of the general duties provisions will be met with greatly increased maximum penalties, including the potential for gaol where gross negligence results in a death or serious injury.

New provisions will enable prosecution action to be taken when offences relate to government agencies. From 4 April 2005 elected safety and health representatives will play a far more effective role in ensuring safe and healthy workplaces with the introduction of their power to issue Provisional Improvement Notices (PINS). This is landmark occupational safety and health legislation and only a Gallop Labor Government will ensure that these important reforms are implemented in full.

While there are no plans for further major legislative reform, a re-elected Gallop Labor Government will take further action to improve workplace health and safety. This will include funding for the training of safety and health representatives and supervisors, an initiative to deal with bullying in the workplace, and the establishment a Code of Practice on Extended Working Hours.

Will you consider handing over industrial relations powers to the federal Government during the next term of office?

No. While the Gallop Labor Government is prepared to consider the merits of a fair and equitable unitary industrial relations system, it does not support unification, as no acceptable unification model has been proposed at this time.

In any case, the Government strongly opposes the Commonwealth Government's attempts at unilateral imposition of legislative changes.
The federal Workplace Relations Act 1996 is excessively complex and is increasingly becoming an instrument designed to erode employee rights.

This State is not willing to expose employers and employees to such a flawed system by ceding its industrial relations powers to the Commonwealth.
More specifically, the Gallop Government is concerned that under the federal government's proposed legislation, employees in small businesses excluded from unfair dismissal protection are less likely to raise matters of concern with their employer for fear of dismissal.

Accordingly, there is potential for critical issues such as occupational safety and health to receive less emphasis under the Commonwealth's proposed scheme.

Public Sector Redeployment and Redundancy

Will you guarantee that there will be no compulsory redundancies in the Public Sector?

Yes.

Will you continue to provide at least the current redundancy and severance entitlements for Public Sector employees?

Yes.

Will you continue to support the current policy that no Public Sector employee will be forced to relocate as a result of their position being abolished?

Existing arrangements continue to be supported.

Will you support Public Sector redeployment and redundancy being subject to a General Order of the WA Industrial Relations Commission (with no reduction in current conditions) and that the current legislation and regulations regarding Public Sector Redeployment and Redundancy be abolished?

A re-elected Gallop Labor Government would consider favourably a universal industrial instrument covering redeployment and redundancy matters in the public sector.

Will you guarantee that no Public Sector employee will be forced via redeployment to accept a position with a lower classification and/or rate of pay?

Existing redeployment arrangements continue to be supported.

Where employees in regional WA have their position abolished and there are no positions at comparable classifications will you support indefinite salary maintenance at their current substantive classification?

There are no plans to alter the existing pay maintenance arrangements.

Coalition reply to the CPSU /CSA

The Coalition recognises that these issues would need to be resolved before such contracts were introduced, if at all.

The Coalition supports providing public sector workers with a right of appeal to the Western Australian Industrial Relations Commission for matters covered by Public Sector Standards.

The Coalition also supports permanent employment within the public sector, as opposed to long-term contract employment, which is unacceptable.

The Coalition is opposed in principle to involuntary redundancies. This issue will be further addressed in our forthcoming policy document.

Functional Review and Privatisation

The Coalition considers that the Functional Review of Government, as currently structured, is unlikely to deliver the promised savings. A Coalition Government will assess the work done by the Review prior to making any decision on corporate services reforms.

The Coalition will also work with the CPSU with regard to the placement of public servants.
The Coalition does not have any plans to privatise any functions of the public sector.

Resourcing and training

A Coalition Government will be committed to strong service delivery to the people of Western Australia from the public sector and recognises that this can only be achieved through proper resourcing.

The Coalition is committed to providing opportunities and support for public service employees to improve their skills and develop professionally. This includes working to overcome the special challenges faced by regional workers, such as a greater focus on technology.

Universities

The Coalition believes that Universities should remain under State control, however we will work cooperatively with the Federal Government to ensure the best educational outcomes for Western Australian higher education.

Union

The Coalition supports the ability of the union to organise in the Public Sector.

Regional issues

The Coalition understands the importance of the public sector to regional economies and service delivery to regional communities should be at the same level expected in metropolitan areas. This is recognised to be incompatible with widespread job cuts to the public sector in regional areas.

The Coalition has made a number of commitments regarding expansion of public sector services in regional areas, including the establishment of offices of the Department of Premier and Cabinet in both the north and south of the State, and designating Bunbury as a second centre of administration, with at least one major government department.

As such, the Coalition considers that the Public Sector, with appropriate resourcing, has great potential to provide the catalyst for regional development in Western Australia.

Thankyou again for the opportunity to comment on these issues, and I hope these answers provide some assistance to your members.

Yours sincerely
COLIN J BARNETT
LEADER OF THE OPPOSITION

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© 2003 Health Services Union (HSU)
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Last Modified: Wednesday, 16-Nov-2005 17:19:27 EST