Employers In Double Jeopardy

1 June 2011

The decision today in the J.J Richards case by Fair Work Australia (FWA) should leave no doubt in the minds of the Government and Opposition  that only legislative amendments can now fix the unacceptable situation in Australia's industrial relations.

The Tribunal (FWA) has today provided a clear view about how it sees the current legislative framework,  and that framework is untenable for business.

The industrial Tribunal's ruling effectively puts employers in double jeopardy.

One the one hand, they are confronted by the new beefed-up bargainingp provisions which can compel an employer to the negotiating table and force them to participate in the bargaining process. But on the other hand, on the other the unions are given the freedom to bypass the bargaining option and go straight to industrial action.

The Chief Executive of the Australian Chamber of Commerce and Industry (ACCI) Peter Anderson said, "This is a no win situation for Australia."

"It is untenable for a small commodity trader, like Australia, that needs other nations around the world to see us as a reliable supplier of goods and services," he said.

"This opens the door on a return to industrial chaos in the workplace."

"It presents a damaging prospect for the Australian economy. It will undermine business confidence. If left unchecked it transfers significant economic powers to the trade union movement," he said.

"It is time for the Parliament to act. Industrial action must be confined to the point where it is an  absolute last resort option only - not something that simply forms part of a smorgasbord of options for trade unions to choose from," Peter Anderson said.