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Fed: Labor's long-awaited fair work bill to be introduced

23 Nov 2008 3:08 PM
By Kate Hannon and Karlis Salna

CANBERRA, Nov 23 AAP - Unions have attacked Labor's proposed new industrialrelations regime on the eve of the introduction of a bill designed to see the last vestiges of Work Choices swept away.

Workplace Relations Minister Julia Gillard will introduce Labor's long-awaited industrial relations bill on Tuesday after months of consultation and drafting.

"We promised to sweep Work Choices away, and we will," Ms Gillard said on Sunday.

"It's a short 48 hours away."

The fair work bill sets out the industrial system which will replace Work Choices from the start of 2010 with new national employment standards, unfair dismissal laws, good faith bargaining rules and an emphasis on collectivebargaining.

It will also establish Fair Work Australia as the new industrial tribunal to replace the Australian Industrial Relations Commission.

The system will see the end of bodies created by the Howard government under Work Choices such as the Workplace Authority, the Workplace Ombudsman andthe Fair Pay Commission.

But Labor is facing renewed pressure from unions, which have criticised aspects of the government's industrial relations policy.

Unions argue the building sector watchdog - the Australian Building and Construction Commission (ABCC) - has too much power and should be abolished immediately.

The ACTU on Sunday launched a television advertising campaign criticising the government for failing to move quickly enough on the ABCC.

The ads, which will air for three weeks, feature former federal court judgeRod Madgwick condemning the proposed laws as unfair.

"Unfortunately, not all Australian workers are equal before the law. Construction workers are subject to industrial laws such as we've never before seen in this country," Justice Madgwick says in the ad.

"They can be fined up to22,000 for stopping work and jailed for up to sixmonths for refusing to answer questions about a workplace meeting".

The government is refusing to budge, saying the ABCC will remain in place until 2010.

"We said in our policy document Forward with Fairness that we would have a measured process for change, that we would abolish the ABCC on the 31st of January, 2010," Ms Gillard said.

"It (will be) replaced by a new inspectorate in our new industrial umpire, Fair Work Australia."

The government has already conceded some ground to unions on the new industrial relations laws.

Under the new laws, unions will have greater access to arbitration where disputes are intractable or where economic and other damage is evident.

The government has also bowed to employer pressure, particularly from thosein the mining industry, to allow Australian Workplace Agreements (AWAs) tocontinue provided both parties agree.

The AWAs will be subject to the 10 national employment standards that will come into force in 2010.

The fair work bill is also expected to reveal the final details of the goodfaith bargaining rules and winding back of restrictions on unfair dismissal protection.

Ms Gillard said it was hoped the bill would pass through the lower house inthe next fortnight, after which it would inevitably be referred to a Senate committee.

"We will be asking the Senate to deal with that expeditiously and to deal with the legislation in February next year," she said.

Ms Gillard will face off against Opposition Leader Malcolm Turnbull in parliament on Monday with Prime Minister Kevin Rudd not due back in the countryuntil Tuesday.

Mr Rudd has been attending an APEC - Asia Pacific Economic Cooperation - meeting in Peru.

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