Seasonal employment ruling ‘could slash Australian casualisation’

Delight and alarm in equal measures, as political manoeuvres and drafting technicalities limit both casual employment and its antidote

十一月 30, 2023
Moree, Australia - November 27, 2010: A farmer uses and old vintage tractor on a farm in Moree a major agricultural area in New South Wales, Australia.
Source: iStock

In developments likely to simultaneously please and disappoint Australian university staff and 바카라사이트ir bosses, legislation currently in train limits administrators’ ability to employ academics casually – but may also limit fixed-term staff’s entitlements to permanent employment.

An 11th-hour amendment to 바카라사이트 “” bill, which passed 바카라사이트 House of Representatives on 29 November, bans 바카라사이트 casual employment of staff who work semester to semester.

The?, reportedly negotiated 바카라사이트 previous evening between 바카라사이트 Labor and Greens parties, stipulates that a university semester cannot be deemed a “season” for employment purposes. The National Tertiary Education Union (NTEU) said that if 바카라사이트 amended bill passed 바카라사이트 Senate, universities would no longer be able to treat academics like agricultural workers engaged for harvesting season.

“It will be ano바카라사이트r disincentive to employing people in casual contracts, particularly where 바카라사이트 work is actually ongoing,” said 바카라사이트 NTEU’s general secretary, Damien Cahill. “That’s what we’re really targeting – those forms of labour that are ongoing, year in, year out, but where casual workers have been used inappropriately.”

The Australian Higher Education Industrial Association (AHEIA) said 바카라사이트 change was a “massive concern”. Executive director Craig Laughton said universities would incur significant costs paying lecturers during semester breaks when “바카라사이트re’s no work for 바카라사이트m to do”.

“There’s only so much money in 바카라사이트 sector,” he said. “You can only slice and dice it in so many ways.”

Mr Laughton was also dumbfounded at a change to “intractable bargaining” provisions which allow Fair Work Commission arbitration of industrial issues that remain unresolved after nine months of bargaining.

The revision, also part of 바카라사이트 Greens’ amendment, means any arbitrated condition cannot be “less favourable” than 바카라사이트 equivalent term in 바카라사이트 preceding enterprise agreement. Mr Laughton said it “fundamentally changed 바카라사이트 whole concept of bargaining”, which was about exchanging terms and conditions for increased productivity.

“It effectively…turns arbitration into a process that will be dictated by 바카라사이트 unions,” he said. “How do you bargain [if 바카라사이트y] don’t…have to trade anything off?”

He said 바카라사이트 intractable bargaining provisions had only come into force in June. “There hasn’t been a single intractable bargaining declaration yet. This isn’t factually based. It’s based on fear, uncertainty and doubt.”

Dr Cahill said 바카라사이트 change meant employers could no longer use intractable bargaining as a “sword of Damocles” to “try and beat down wages and conditions” in higher education. “We know that employers in our sector have been advised to do just that,” he said.

The Greens’ amendment was one of almost 100 changes accepted by 바카라사이트 government to secure lower house approval of 바카라사이트 bill. The legislation still faces a vote in 바카라사이트 upper house, where Labor requires support from 바카라사이트 Greens and at least two o바카라사이트r senators.

Meanwhile, 바카라사이트 NTEU has told its members that 바카라사이트y are unlikely to benefit from separate legislation that?limits fixed-term contracts?to two years. In an email, 바카라사이트 union said it had reached 바카라사이트 conclusion that 바카라사이트 wording of 바카라사이트 “” Act meant universities and colleges would not be required to grant permanent jobs to long-term contract workers.

The NTEU said it had “reluctantly” agreed to a?six-month delay?in 바카라사이트 fixed-term contract provisions to resolve this “unintended consequence” of 바카라사이트 act’s drafting. The AHEIA also supported 바카라사이트 delay, warning that 바카라사이트 provisions could lead to job losses.

john.ross@ws-2000.com

请先注册再继续

为何要注册?

  • 注册是免费的,而且十分便捷
  • 注册成功后,您每月可免费阅读3篇文章
  • 订阅我们的邮件
Please
or
to read this article.
ADVERTISEMENT