❓ Minister Bowler criticises the Commonwealth's WorkChoices legislation, highlighting a case where a childcare worker was unfairly dismissed and praising the WA Industrial Relations Commission and unions for their role in protecting workers' rights.
AnsweredQoN 700Legislative Assembly
QuestionView source ↗
UNFAIR DISMISSAL LAWS - STATE AND FEDERAL
Will the minister comment on the relative merits of the state’s unfair dismissal laws compared with the commonwealth’s unfair dismissal laws? Mr J.J.M. BOWLER
Will the minister comment on the relative merits of the state’s unfair dismissal laws compared with the commonwealth’s unfair dismissal laws? Mr J.J.M. BOWLER
AnswerView source ↗
I thank the member for Geraldton for the question. The short answer is that there is no comparison between the two systems. John Howard’s draconian and unfair WorkChoices legislation has stripped unfair dismissal rights from most Australian workers. Kevin Andrews, the federal Minister for Employment and Workplace Relations, has said that people can be dismissed for as little as chewing gum. The manager of a Subiaco childcare facility may wish she had been chewing gum, because she was dismissed and, much to her angst and the angst of her family, she cannot find out why she was dismissed. No reason has been given. She received a pay rise a few weeks ago, and a few weeks later, despite repeated requests, no reason has been given for her being dismissed. Thankfully, the Australian Liquor, Hospitality and Miscellaneous Workers’ Union has stepped into the breach and brought an action in the Western Australian Industrial Relations Commission. The commission has ordered a temporary reinstatement of the manager while it sorts out, first of all, whether the WorkChoices legislation takes precedence or whether the matter still comes under the state jurisdiction. Even companies, such as the childcare facility in Subiaco, are learning about the legal minefield that the WorkChoices legislation creates, because they do not know whether they now come under the federal award or the state award, and whether they must or must not go to the commission. Not only is there angst for the worker and her family, but also the Subiaco childcare facility is concerned. There is no doubt that this case screams unfair dismissal. No reason has been given for the dismissal. No explanation has been given, and there is no defence. Mr T. Buswell interjected. Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
Mr J.J.M. BOWLER replied: I thank the member for Geraldton for the question. The short answer is that there is no comparison between the two systems. John Howard’s draconian and unfair WorkChoices legislation has stripped unfair dismissal rights from most Australian workers. Kevin Andrews, the federal Minister for Employment and Workplace Relations, has said that people can be dismissed for as little as chewing gum. The manager of a Subiaco childcare facility may wish she had been chewing gum, because she was dismissed and, much to her angst and the angst of her family, she cannot find out why she was dismissed. No reason has been given. She received a pay rise a few weeks ago, and a few weeks later, despite repeated requests, no reason has been given for her being dismissed. Thankfully, the Australian Liquor, Hospitality and Miscellaneous Workers’ Union has stepped into the breach and brought an action in the Western Australian Industrial Relations Commission. The commission has ordered a temporary reinstatement of the manager while it sorts out, first of all, whether the WorkChoices legislation takes precedence or whether the matter still comes under the state jurisdiction. Even companies, such as the childcare facility in Subiaco, are learning about the legal minefield that the WorkChoices legislation creates, because they do not know whether they now come under the federal award or the state award, and whether they must or must not go to the commission. Not only is there angst for the worker and her family, but also the Subiaco childcare facility is concerned. There is no doubt that this case screams unfair dismissal. No reason has been given for the dismissal. No explanation has been given, and there is no defence. Mr T. Buswell interjected. Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
I thank the member for Geraldton for the question. The short answer is that there is no comparison between the two systems. John Howard’s draconian and unfair WorkChoices legislation has stripped unfair dismissal rights from most Australian workers. Kevin Andrews, the federal Minister for Employment and Workplace Relations, has said that people can be dismissed for as little as chewing gum. The manager of a Subiaco childcare facility may wish she had been chewing gum, because she was dismissed and, much to her angst and the angst of her family, she cannot find out why she was dismissed. No reason has been given. She received a pay rise a few weeks ago, and a few weeks later, despite repeated requests, no reason has been given for her being dismissed. Thankfully, the Australian Liquor, Hospitality and Miscellaneous Workers’ Union has stepped into the breach and brought an action in the Western Australian Industrial Relations Commission. The commission has ordered a temporary reinstatement of the manager while it sorts out, first of all, whether the WorkChoices legislation takes precedence or whether the matter still comes under the state jurisdiction. Even companies, such as the childcare facility in Subiaco, are learning about the legal minefield that the WorkChoices legislation creates, because they do not know whether they now come under the federal award or the state award, and whether they must or must not go to the commission. Not only is there angst for the worker and her family, but also the Subiaco childcare facility is concerned. There is no doubt that this case screams unfair dismissal. No reason has been given for the dismissal. No explanation has been given, and there is no defence. Mr T. Buswell interjected. Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
There is no doubt that this case screams unfair dismissal. No reason has been given for the dismissal. No explanation has been given, and there is no defence. Mr T. Buswell interjected. Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
Mr T. Buswell interjected. Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
Mr J.J.M. BOWLER replied: I thank the member for Geraldton for the question. The short answer is that there is no comparison between the two systems. John Howard’s draconian and unfair WorkChoices legislation has stripped unfair dismissal rights from most Australian workers. Kevin Andrews, the federal Minister for Employment and Workplace Relations, has said that people can be dismissed for as little as chewing gum. The manager of a Subiaco childcare facility may wish she had been chewing gum, because she was dismissed and, much to her angst and the angst of her family, she cannot find out why she was dismissed. No reason has been given. She received a pay rise a few weeks ago, and a few weeks later, despite repeated requests, no reason has been given for her being dismissed. Thankfully, the Australian Liquor, Hospitality and Miscellaneous Workers’ Union has stepped into the breach and brought an action in the Western Australian Industrial Relations Commission. The commission has ordered a temporary reinstatement of the manager while it sorts out, first of all, whether the WorkChoices legislation takes precedence or whether the matter still comes under the state jurisdiction. Even companies, such as the childcare facility in Subiaco, are learning about the legal minefield that the WorkChoices legislation creates, because they do not know whether they now come under the federal award or the state award, and whether they must or must not go to the commission. Not only is there angst for the worker and her family, but also the Subiaco childcare facility is concerned. There is no doubt that this case screams unfair dismissal. No reason has been given for the dismissal. No explanation has been given, and there is no defence. Mr T. Buswell interjected. Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
I thank the member for Geraldton for the question. The short answer is that there is no comparison between the two systems. John Howard’s draconian and unfair WorkChoices legislation has stripped unfair dismissal rights from most Australian workers. Kevin Andrews, the federal Minister for Employment and Workplace Relations, has said that people can be dismissed for as little as chewing gum. The manager of a Subiaco childcare facility may wish she had been chewing gum, because she was dismissed and, much to her angst and the angst of her family, she cannot find out why she was dismissed. No reason has been given. She received a pay rise a few weeks ago, and a few weeks later, despite repeated requests, no reason has been given for her being dismissed. Thankfully, the Australian Liquor, Hospitality and Miscellaneous Workers’ Union has stepped into the breach and brought an action in the Western Australian Industrial Relations Commission. The commission has ordered a temporary reinstatement of the manager while it sorts out, first of all, whether the WorkChoices legislation takes precedence or whether the matter still comes under the state jurisdiction. Even companies, such as the childcare facility in Subiaco, are learning about the legal minefield that the WorkChoices legislation creates, because they do not know whether they now come under the federal award or the state award, and whether they must or must not go to the commission. Not only is there angst for the worker and her family, but also the Subiaco childcare facility is concerned. There is no doubt that this case screams unfair dismissal. No reason has been given for the dismissal. No explanation has been given, and there is no defence. Mr T. Buswell interjected. Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
There is no doubt that this case screams unfair dismissal. No reason has been given for the dismissal. No explanation has been given, and there is no defence. Mr T. Buswell interjected. Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
Mr T. Buswell interjected. Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
Mr J.J.M. BOWLER : The member for Judas jumps up and down every time the word “union” is mentioned. He is like Pavlov’s dog. Someone has only to mention the word “union” and off he goes. He jumps up and down. Thankfully, a union was prepared to take on the case and defend this worker, and, thankfully, we still have the Western Australian Industrial Relations Commission, which is an independent umpire, to help this woman and her family. The commission will look after this woman. Unlike those on the other side, who would leave her on the scrap heap, the commission will look after her. This case highlights two things. First, it highlights the fact that we need unions; and, secondly, it highlights that we need an industrial relations commission to be an independent umpire.
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