20 July, 2010 | ACTU Media Release
The worst of WorkChoices could return to Australian workplaces through changes to regulations and 'tweaks' that do not require legislative amendment.
Liberal leader Tony Abbott’s statement that changes to regulations will not bring back WorkChoices are deceptive and misleading says ACTU President Ged Kearney.
The fact is that two million workers could lose protection from unfair dismissal through changes to the 'Small Business Fair Dismissal Code' said Ms Kearney.
"Other changes to regulations could effectively reintroduce individual contracts for millions of workers.
"This would mean cuts to workers’ take home pay and basic award conditions such as overtime pay, penalty rates, public holiday pay, allowances and leave loading — the same as occurred under WorkChoices.
"Tony Abbott is trying to be too clever by half by attempting to make Australians believe he won’t bring back WorkChoices.
"The truth is there is enormous scope for the Coalition to alter the operation of the Fair Work Act simply by regulation.
"He has left a back door open for the return of WorkChoices.
"Without an absolute guarantee in relation to the legislation as well as the regulations and other Ministerial powers, Australian working people can have no confidence that a Liberal Government would not return to WorkChoices.
"A preliminary analysis by the ACTU shows there are at least 198 separate sections in the Fair Work Act and the three related Acts which enable the Minister to enact changes by regulation. (A selection of these are shown overleaf)
"Many of these would severely curtail the rights of millions of working Australians.
"The Liberals have tried this sort of action before. The Howard Government, prior to having a Senate majority, attempted to change regulations so as to strip unfair dismissal rights from a large number of Australian employees, only to be frustrated by the then Senate.
"Mr Abbott should be judged on what he and his Party did when they were in government not on meaningless scraps of paper signed during media interviews.
"When the Coalition was last in power they secretly brought in WorkChoices and did all they could to deprive working Australians of their rights.
"WorkChoices is what the Liberals believe in, so why would working people think they would do otherwise if they are elected?"
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