What is the situation on unions in European Union? - ‘The Right to Bargain Collectively’ was also declared a fundamental right in the 1961 European Social Charter of the Council of Europe (Article 6). We trail Europe in basic employee rights.
Is it any wonder that most Australians have from the very begining had a deep feeling of unease over Work Choices when the mechanisms by which it functions is similar to that in the tragedy of domestic violence.
However, before we discuss that a short prefaced note on the current view of Work Choices.
No one should be in the slightest doubt that Work Choice's was created for only two purposes; to create a docile leaderless labour market and, to remove unions from Australia. This policy has been advanced by a coordinated effort of the Howard government together with big industry.
The statistics of AWAs show tragically that already basic rights and conditions have in many cases been stripped away entirely and stripped to some degree in all cases. In many cases restrictive conditions were imposed [such as no pay increases for 5 years!]. The further time went on the more brazen did business become in reducing benefit and imposing restrictive conditions. In a time of economic boom when business is having strong growth and profits they still managed to enforced paltry AWAs on their work force and strip basic conditions.
The Howard government and Business when coordinating their imposition of Work Choices on Australia made sure that, while stripping away all benefits and imposing their (business) own restrictive conditions, they should for the sake of stastics and appearance, increase each wage by at least $10 per year above the minimum, so that they could 'say' wages have been 'increased' even though conditions lost. Or more cravenly say, that employees 'traded' conditions for wages. The government is indeed trying to quote statistics on some few increases in wages as a trade off for loss of conditions. The only sectors to benefit marginally when it comes to wages [but not conditions] has been the intensely booming mining sector and its metabites.
(Domestic violence is a henous act and should never be taken lightly.)
Domestic violence often results from a process of progressive increased dependence and helplessness on one side and, an increased sense of strength, justification and indifference on the other side. It results in all physical, emotions and economic strength and freedom residing on the one side and, a helpless abused and dispossessed person on the other and, cut off from advice and support while sometimes living in false hope.
When all power resides within any one group in society it becomes psychologically inevitable that the power will be used to its own maximum benefit, especially when there is competition within the power group (as there is in business). The 'lower' groups learn to become physically, financially and even emotionally dependent on the wielders of power (jobs, money).
These are some of the dynamics of domestic violence.
Work Choices is a system that shifts all economic power to one group in society, big business. Business has almost king like powers when it comes to dealing out jobs to it's 'Subjects', the public. And so far as the average Australian is concerned big business powers are identical to that of a king.
When a person in need of work goes to 'negotiate' an AWA with a big business negotiator they are already at near total disadvantage. Most Australians would lack the skill, language, knowledge, experience, understanding and confidence to obtain anything except what they are 'told' to take.
The similarities of Work Choices to domestic violence mechanisms is disturbing.
- It begins with acceptance of an initial 'unacceptable' condition.
- One side is emboldened by their ability to escape the first 'offence' without consequences, proceeds to be progressively restrictive and demanding.
- The partner progressively accepts each increment because of an increasing sense of helplessness and emergence of a denial/false hope.
- The partner becomes emotionally entrenched in their environment of dispossession because of the sense of loss of control and having become emotionally dependent and helpless.
- Also there is a gradual cutting off from support networks, friends, advice and access to alternatives.
- It endures until the excess goes beyond the limits of endurance or some concerned party steps in.
Work Choices entrap then destroys, a process that has already begun as the nature of the first 6 months statistics on Work Choice AWAs tell their disturbing story.
The erstwhile Australian at their AWA negotiation lose most conditions and rights which is sometimes accompanied with a few extra dollars in wages above the minimum to falsley enhance the government statistics being collected [i.e. to enable the statement 'wages are being increased']
Employers emboldened on how simple it was to enforce AWAs stripped of most basic conditions, then pushed for even fewer basic conditions and, imposed restrictive one's of their own. e.g. No wage increase for 5 years, required to work at odd hours or on demand without warning and with no compensation [no penalty rates].
The employee accepts each step in the abusiveness of each AWA because of a position of helplessness; lacking representation and authoritative support. When the environment becomes one of restrictive AWAs the poor employee is left little option as he is in a sea of unfairness. They thus become firmly trapped in wholly restrictive and stripped standard of AWAs. They feel dis-empowered and without support to resist or have voice.
From the start of the AWA process the employee is cut off from any network of support and advice which they would normally receive from their union.
Unions are removed from the process deliberately so as to remove any skills and negotiation ability from the table,
The result is an employee and work force that accepts a position of helplessness, lack of confidence, power, rights or sense of worth as their lot.
The whole process is allowed to occur because of the vast difference of power between the individual and the big business. When business can offer an AWA on the basis of 'take or leave it' (as it can, does and will continue to do) the employee is put in the position of abused partner, the choices are; be abused but have a place with money and security or, be rejected to the outside and needy.
It should be suspected that this is a situation big business has planned with the Howard government in order to produce a docile, helpless and voiceless labour market for their use.
An individual is a very easy target indeed for business, possessing no right and power to achieve basic conditions for themselves and no professional support group. Business on the other hand has the unconditional support of government and enslaving Work Choices laws.
It is because Business has Work Choices law and can pick and choose and reject on an individual basis that the already terrible poor statistics on AWAs will get much worse.
This type of situation is the reason we had the rise of unions in Australia, to stop business picking off individuals as if in a shooting gallery. The unions were professional negotiators that could speak for each individual and obtain some minimum standard, basic conditions for everyone so business abuses could stop.
We must not forget that business has the prime objective of making maximum profit [nothing wrong with that usually]. And if businesses are competing with one another they will do anything to reduce costs. They will all as a group across the country, offer in AWAs the very minimum benefits and wages allowable and put in restrictive conditions and, implement beneficial conditions for themselves.
Why will all business eventually move to offering only severely restrictive AWAs with minimum benefit and include restrictive conditions that favour them? Because it helps the profit margin and, because they can!
John Howard is moving Australian business and employment environment back to 1820's England and will succeed in doing this with a Work Choices 2008 'fine tuning'.
Work Choices: the unbalanced ledger:-
|
Employee |
Businesses |
|
One person in many looking for a job |
Can choose a few from the many |
|
Meager resources, anxious |
Worth many millions |
|
No negotiation skill, knowledge, confidence |
Professional, experienced negotiators |
|
Can choose between offer or unemployment |
Can say 'take it or leave it' |
|
Expects (hopes) for basic conditions and normal rights |
Can remove conditions, put in restrictive conditions and undermine normal rights |
|
Has some basic conditions by law |
Often illegally removes conditions (29% of AWAs possibly illegal) |
|
Right and ability to protest – minimal. Costly, means conflict, no resources or time, stressful and no union help. No watchdog or union to sue a business on their behalf – encourages business to be illegal and 'wear' the costs in some lost law cases. |
Can use professional defences, be willing to lose some cases because of the benefit that comes from being illegal on other cases. Punishment is minor and not personal. |
|
AND SO ON |
We should not forget that the Howard government has only just started with Work Choices. This is only year one. They have more legislation in 2008 basically a Work Choices 2008 and no doubt they will endeavour to immediately extend their laws to all work areas and extend the loss of rights and conditions of Austrlians, especially in its desire to remove unions from Australia.
This government has shown time and again that it cannot be trusted, it's promise become optional conditions, it's promises to not do something become things they certainly do. They will create fear to put in laws and invent fearful situations to win elections.
Beware the Howard government in an election year.