COSATU+Gauteng+memorandum+to+Australian+High+Commission



//The following memorandum was handed over by members of **COSATU Gauteng Province** to the Australian High Commissioner today, 13 June 2006.//

13 June 2006 His Excellency, Mr P V Green Australian High Commissioner 292 Orient Street Arcadia 0083

Dear Mr Green

Workers’ interests in Australia are being increasingly undermined. The right-wing government has now become a serial offender against the principles that sit at the heart of the International Labour Organisation’s Core Labour Standards. Unions internationally, and global union federations, have been forced to embark on a campaign of mass solidarity to assist Australian workers to counter this offensive threat.

In 1996 the Australian working class suffered a major setback when a conservative government won the elections. Since then, there have been major reversals to the moderate gains won by workers during the many years of a more centrist labour party government.

In particular COSATU notes with deep concern that the passage of the Workplace Relations Amendment (Work Choices) Act 2005 has substantially exacerbated Australia’s longstanding failure to comply with its obligations under ILO Conventions 87 (Freedom of Association and Protection of the Right to Organize) and 98 (Right to Organize and Collective Bargaining).

We are concerned about Australian compliance with Convention 87 which is centred on the right to strike, an integral corollary of the right to bargain collectively. In particular, COSATU has been critical of the Australian law in the following respects:

Industrial action cannot be taken in support of multi-employer agreements;

The matters which may be the objectives of industrial action are restricted and do not extend to claims for strike pay;

All sympathy action, even in support of lawful industrial action, is prohibited.

Key to the conservative Australian government’s strategy is the downward variation in workers’ conditions of employment.

As from 1 July 2006, radical changes to the labour laws will take place. For example, a company in Australia can impose the same individual contracts company-wide to all its employees, with no negotiations. It can strip away established conditions, including penalty rates, shift allowances, overtime rates, certainty of hours and protection for established conditions. It can waive the threat of dismissal over their heads if they don’t sign. Some of these changes will include;

Abolishing a requirement that employers should consult unions/workers about retrenchments;

Abolishing the unfair dismissals law for employees working in businesses with less than 100 people. This will affect four million workers

Introducing individual contracts and attempting to abolish collective agreements between companies and unions/workers

Removing the right to a severance package during retrenchments

It is shocking that union activity is being criminalised and union members attempting to bargain for unfair dismissal-activists are being sacked wilfully. Although they may be given other reasons for dismissal, we know now that when union members agitate for a collective agreement or stand up against unsafe practices they are increasingly targeted.

In Australia today, industrial lawlessness on the part of the employers is rampant. These laws are not fair or just. They not only fail the test of ILO standards, they are an assault against the working people of Australia and they are not a legacy we will leave to the working class of the future.

We submit that the Australian Government’s wilful refusal to address the concerns of the working people and the failure to adhere to its obligations under Convention 87 and 98 and its contemptuous flouting of these standards in its latest legislation deserves the strongest possible condemnation by the workers of the world and the ILO.


 * Zwelinzima Vavi**


 * __General Secretary__**


 * Patrick Craven (Spokesperson)**
 * Congress of South African Trade Unions**
 * 1-5 Leyds Cnr Biccard Streets**
 * Braamfontein, 2017**


 * P.O.Box 1019**
 * Johannesburg, 2000**
 * South Africa**


 * Tel: +27 11 339-4911/24**
 * Fax: +27 11 339-5080/6940**
 * E-Mail: patrick@cosatu.org.za**

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