Workers’ compensation – ALP responds to members’ concern

Many CPSU members are concerned about the federal government's changes to workers’ compensation laws and have asked about the Labor Party’s views on these changes.

In response to questions from CPSU members, Labor leader Kevin Rudd replied:

Thank you for your letter regarding changes to the Safety, Rehabilitation and Compensation Act. As you may be aware these were debated in the Parliament last year and this year and make significant changes to:

• the definition of disease, so that employment must now make a “significant”, rather than “material”, contribution to a disease for it to be compensable;

• the definition of “injury” so as to exclude injuries arising from “reasonable administrative action taken in a reasonable manner” and expand the exclusionary provisions for stress claims to include performance appraisals and counselling in relation to performance; and

• the scope of work-related journeys so that claims for non work-related journeys and recess breaks are no longer covered, representing a significant cost shift on to state governments’ compulsory third party claims.

In all these cases, the changes have had the effect of narrowing the circumstances in which employees may claim compensation. In fact the Government’s Explanatory Memorandum to the Bill stated this was an explicit objective of the changes – noting: “the Government is seeking to significantly amend the legislation to reflect its desire to decrease the number of injuries covered by the Scheme”.

Labor opposed these changes in the Parliament because they are not in the interests of working Australians. Just like the Howard Government’s WorkChoices laws, these changes strip away the terms and conditions of our public sector work force.

These changes also come at a time when private sector firms operating in blue collar areas such as transport and construction such are being encouraged to migrate to the traditionally white collar Comcare scheme. Labor is concerned that the Howard Government is sacrificing protections for workers in order to cut its costs.

Strong protection of occupational health and safety should not be compromised. Labor believes that appropriate compensation and implementing a non-adversarial approach to injury prevention and workplace safety is essential.

Further to Labor’s commitment at National Conference, Labor will be developing its workplace health and safety policy and will be making announcements on this issue in the future.

Kind regards,

Kevin Rudd

Federal Labor Leader

Member for Griffith

A very public servant

Unless you've been living under a rock in the Pilbara for the last few weeks, you would have seen, heard or read one of the Howard Government's new 'Know Where You Stand' advertisements, fronted by Barbara Bennett from the Workplace Authority.
Are you concerned at the use of a public servant in such a political marketing campaign?
Does this sort of advertising damage the independence and integrity of the public service?
Tell us what you think about the Government's ads.

Anger as workers' insurance reduced

COMMONWEALTH public servants are no longer entitled to claim damages for accidents on the way to work or during lunch breaks after an overhaul aimed at slashing the cost of their compensation scheme. (By Annabelle Crabb SMH 04 July 2007)

First class tax-payers, second class citizens

Last week, the Human Rights and Equal Opportunity Commission (HREOC) published their findings from a national inquiry into the discrimination against people in same-sex relationships, writes CPSU deputy National President Lisa Newman.

The report Same-Sex: Same Entitlements details the systematic discrimination of same-sex couples. It found that 58 federal laws deny at least 20,000 same sex couples and their children financial and work related entitlements, entitlements that are freely available to opposite-sex couples and their children.

These laws include Commonwealth Superannuation, Occupation Health and Safety legislation as well as a large number of Acts including the Income Tax Assessment Acts, Social Security Act, Health Insurance Act and Workplace Relations Act.

In July last year the CPSU made a submission to the HREOC enquiry, addressing the use of the 'spouse' definition in agreements, awards and legislation which excludes same sex partners from accessing entitlements.

We expressed our concern at the increased push for terms and conditions to be moved from highly transparent and legally enforceable collective agreements into less transparent and unenforceable policy.

We also identified that the increased use of Australian Workplace Agreements (AWA's), which are not subject to public scrutiny, could increase the risk of discriminatory arrangements.

CPSU's submission also exposed the discriminatory provisions in the Commonwealth Superannuation Scheme and the Public Sector Superannuation Scheme which do not allow an interdependent person, including a same sex partner and their children to receive a reversionary superannuation benefit.

Last week, the Government announced a Senate Inquiry into the provision of the Superannuation Amendment Bill. The Bill does establish a number of changes to Commonwealth public sector superannuation which the CPSU supports.

However, if a few additional simple amendments to the Bill were introduced, it would be possible to prevent same-sex couple discrimination entirely and the CPSU will raise these in the Inquiry.

This Bill is the Government's last opportunity to address Superannuation discrimination before the Federal election and they need to do it right.

After the HREOC report was published, the Prime Minister stated that while his government did not support discrimination, it would not be rushed to act to rectify the situation.

CPSU has formally raised these issues on behalf of affected members many times over the last few years. We support the fair treatment of all parts of the community, and do not condone the discrimination of any minority group.

And it seems that most Australians agree. A recent galaxy poll, commissioned by GetUp! found that 71% of Australian support equality for same-sex couples.

The community has moved forward on this issue. The question is how long will it take the federal government to catch up?

Read the HREOC report here Read CPSU's submission here

The real cost of soldiering on...

Management pressure on employees to 'soldier on' at work when they are unwell is costing the Australian economy almost four times as much as absenteeism, according to a recent survey.

The report commissioned by Medibank Private, claims that 'presenteeism' - the lost of productivity that occurs when employees attend work while not fully functioning -is contributing to a $25 billion dollar black hole in lost productivity every year.

The health insurer estimates the annual cost to the economy of 'soldiering on' is almost four times that of absenteeism, only $7 billion by comparison.

Read more here and leave a comment below.

Crossing the line

The removal of journey claims from workers compensation rules is fuelling confusion in public service ranks with employees and managers unsure exactly where coverage begins and ends.

A recent case in Victoria exposed one of the 'grey areas' created by the Governments recent cuts to the compensation scheme for Australian public servants.

Read more here and post your thoughts below.

TRENT SMITH'S WITCH-HUNT

After being the subject of an extraordinary political 'witch-hunt', CPSU member Trent Smith is at the centre of an explosive legal battle set to test the limits of the Public Service 'Code of Conduct'.
Trent Smith was dismissed from his Department of Foreign Affairs (DFAT) job last July after being accused of acting politically when he advised an Opposition staffer to check the Hansard record of Parliamentary proceedings and other public sources of information.

The case has taken 4½ years and involved DFAT trawling through 8000 emails and spending a million dollars of tax-payers' money.

Learn more here and post a comment below. Check out recent media reports here.

DFAT-sacking-a-gross-overreaction
Diplomat-threatened-dfat-head-court-told
Govt should drop witch-hunt and reinstate Trent Smith now (CPSU media release)
DFAT-may-probe-spys-suicide
Bureaucrats-agog-at-evidence-of-skulduggery-in-ranks
Govt witness contradicts himself at unfair dismissal hearing
Diplomat-drops-more-bombshells
Envoys-past-faces-tough-scrutiny
Diplomat-tells-of-46m-in-bank-account
Key Govt witness admits being mystery source
Diplomat-tells-of-giving-loans-to-thai-drug-dealers

Working round the clock

As the Howard Government seeks to soothe unease about its workplace laws, a Bureau of Statistics survey reveals the deep incursion work has already made into family and community life.

The figures show 37 per cent of employees work overtime or extra hours - and about half of them do so for no extra pay. Three in five said they had no say about when they started or finished.

Download the ABS report here and please post a comment.

Tripped up by new compo rules

Twelve hours after new workers comp rules came into effect, an accident on the way to work sent one public service manager sprawling.

With the new laws, introduced by the Howard Government, public servants are no longer covered for accidents and injuries sustained traveling to and from work and during lunch breaks spent away from the workplace.

To read Annette's* story click here.

To read previous blog posts and comments on the new compo laws, click here, here, and here.

What do you think about the changes to compo laws? Post your comments below.

Join2Win campaign kicks off

More than 500 activists have signed up to CPSU’s Join2Win initiative - a key part of the union’s Rights at Work campaign in this election year.

Thirty-second radio ads promoting the value of union membership are currently running in Canberra as part of the CPSU's Join2Win initiative. You can listen to the radio ads here and here (mp3 format)

Join2Win aims to give activists the skills and support they need to get the message out in their communities; and to build support for the union in their workplaces.

In coming months these 500+ people will be talking with members and potential members about the urgent need to join the union and vote for fair workplace rights.

For more information or to join the campaign online click here

Already signed up to Join2Win?

Share your Join2Win experiences by posting a comment below.

Rudd reveals part of his IR agenda

In a major speech at the National Press Club yesterday, ALP Leader Kevin Rudd outlined some of his alternative workplaces relations plan.

It includes introducing a national IR system for the private sector, abolishing AWA's, outlawing strikes without secret ballots, and re-introducing streamlined unfair dismissal laws.

The ACTU says its "a good start". Workplace Relations Minister Joe Hockey called it a "donkey", while business groups remain "luke-warm".

But what do you think? Please post a comment.

WorkChoices: one year on

This week marks the one-year anniversary of 'WorkChoices' - the Howard Government's radical rewrite of Australia's industrial relations (IR) laws.  After twelve months, we want to know what you think about the new laws.  Please take a minute to vote in our snap poll here and post a comment about the new laws.

More information

ACTU fact-sheet: IR laws 1 year on 
download

ACTU full report: IR laws 1 year on
download

Maritime Museum strike action on target

Industrial action taken by staff members at the Australian National Maritime Museum has forced management back to the bargaining table following stalled negotiations for a new collective agreement.

On the eve of Australia Day, CPSU members gathered around the entrance of the museum and entertained visitors with colorful banners and union sea shanties (“what shall we do with a bad employer?”). A corporate ‘pirate’ was also on hand to make honest employees walk the plank. Click here to see photos from the day.

While the strike activities were lighthearted, the decision to take industrial action was a serious one. After their agreement expired in June 2006, Museum management continued to frustrate the bargaining process by delaying negotiations and failing to reply to correspondence. Management also refused to meet with staff and CPSU representatives.

As a result of the industrial action, Museum management agreed to recommence negotiations for a fair and reasonable union collective agreement. Both CPSU and management have committed to lodging an in-principle agreement by the end of February.

CPSU National Secretary Stephen Jones said that going on strike was the last resort for the staff members’.

"These CPSU members tried time and time again to reason with management, they did all the right things, but got nowhere,” Jones said.

“Museum management admitted they were under pressure from the Government to reduce conditions and offer AWAs. This is just another example of how John Howard's radical new workplace laws are affecting everyone in the community.”

Click here to send your letter to support to ANMM staff members, find out more information about the campaign or post your feedback on our blog.