Protecting Workers

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Protecting workers

March 2011



Protecting workers

The promise of Labor is that workers can pursue individual prosperity, but do so fairly,

equitably and safely. It is the reason for our party’s creation, and it is at the core of our

values to this day.

That is why we are proud of our achievements in industrial relations; being a champion for

workers but also ensuring a level playing field for employers that allows them to be flexible,

productive, and grow our economy.

We have shown that we can create a strong economy while protecting a fair go for all.

We have shown that workplace laws can achieve a balance the rights and obligations of

employees, employers and unions.

We have shown that workers need never choose between work and a fair go.

That’s why we campaigned so hard against WorkChoices legislation.

That’s why we are protecting the rights of workers in NSW, especially the most vulnerable;

That’s why we are ensuring NSW retains the toughest Occupational, Health and Safety

laws in the country – because every worker deserves to come home safely to their family.

We have provided a fair deal for transitional workers, with the introduction of a portablelong service leave scheme – allowing some of the State’s lowest paid workers to access

long service leave for the first time.

We have made sure that victims of domestic violence receive support through special

leave arrangements.

And by introducing new public holiday laws, we have ensured that all workers have the

right to spend holidays with their families, or to be rewarded

appropriately should they choose to work.

In all these things we are taking the oldest principle of Labor – a fair

go for workers and their families – and applying it to the needs of

today’s communities.

And this policy outlines how we will continue apply this principle of

fairness, through positive, practical measures that support the

workers of NSW.



NSW Labor | Protecting workers | March 2011 2

What this policy means for you

This policy will continue to help workers enjoy a better work/life balance.

A re-elected Keneally Government will ensure that vulnerable workers are afforded the

best possible protections so they are not underpaid, harassed or exploited.

We will continue to support New South Wales private sector employers and their

employees previously covered by the state industrial relations system move into the new

national industrial relations system.

Finally, we will continue to protect our public sector workers by retaining the Government’s

“no forced redundancy” policy.

ACTION:

Protecting our most vulnerable workers

Deliver a portable long service leave scheme for all cleaners in NSW from 1 July 2011

Ensuring victims can access leave when experiencing domestic violence

Develop guidelines to support the recently introduced domestic violence leave clauseinto awards for public sector employees to access 5 days additional leave when theyare experiencing domestic violence

Improving work/life balance

Ensure that Easter Sunday will be a public holiday from 2011, and there will be aguaranteed additional weekday public holiday when Christmas Day, Boxing Day orNew Year’s Day fall on a weekend

Prevent stores from employing staff where retail trading restrictions apply, for exampleon Christmas Day or Boxing Day

Give workers in Local Government the option of taking their long service leave at halfthe pay for double the length of time




Valuing our public sector

Retain the Government’s ‘no forced redundancies’ policy Legislate to remove the statutory bar prohibiting a public servant from challenging

matters relating to either an appointment or a failure to appoint to a Public Serviceposition on discrimination or victimisation grounds

Keeping workers safe

Maintain our strong OH&S framework and protect employees to ensure they comehome from work safely to their families each day - this includes maintaining the reverseonus of proof and a union’s right to prosecute

Compliance and training

Continue our comprehensive compliance and education programs in the workplace,including programs to raise awareness amongst young workers, migrants, women andAboriginal and Torres Strait Islanders




Labor and Industrial Relations

Only Labor will continue to lead the way in developing “best-practice” workplace laws

through a cooperative, consultative approach that encourages best practise in industrial

relations, occupational, health and safety and provides fair and reasonable terms and

conditions of employment.

In the last six months we have introduced legislation to:

Provide for the clear and consistent determination of public holidays in New SouthWales, particularly for days of significance that occur on weekends, and we have madeEaster Sunday a public holiday. The new Public Holidays Act delivers predictable andtransparent provisions for public holidays.

Protect the rights of staff in exempt stores to freely elect whether they wish to work ona restricted trading day. We have prevented retailers requiring staff to work in a shopthat is required to be closed for retail trade, taking deliveries, stacking shelves orconducting a stocktake of goods to be sold.

Establish a portable long service leave scheme for the commercial contract cleaningindustry that will recognise service to the industry rather than a single employer,providing this entitlement to many cleaners for the first time.

Ensure that a principal contractor will be required to retain sufficient money to cover theclaim being made by the claimant against the respondent without requiring thesubcontractor claimant to go through the courts under the Contractors Debt Act .

Remove the statutory bar prohibiting a public servant from challenging matters relatingto either an appointment or a failure to appoint to a Public Service position ondiscrimination or victimisation grounds.




Our Record

LABOR OPPOSITION

The Keneally Government has deliveredon its commitment to working familieswith the passage of a number of vitalindustrial relations reforms through StateParliament.

The NSW Liberals are yet to come upwith an Industrial Relations policy.

Guaranteed workers a weekday publicholiday when Christmas Day, BoxingDay or New Years Day falls on aweekend and recognised Easter Sundayas a public holiday in NSW from 2011

Last year, shadow treasurer Mike Bairdrevealed the Liberals’ secret plan todestroy the NSW workers compensationprogram – and stop covering workerstravelling to and from work.

The Opposition is planning to

overhaul the scheme if it is elected

next March.

“We would look at every measure

and remove all unnecessary imposts

and costs,” Mr Baird said.

For example, the Opposition would

investigate whether employers

should have to cover staff for their

journey to the workplace.

(page 4, Lisa Murray, Australian

Financial Review, June 23, 201)

Provided employees with the right to

refuse to work if the shop they work in isallowed to open on a restricted tradingday. Workers have the choice ofspending public holidays with their familyand friends or working for additionalpenalty rates

A Public Service Association report ahs

identified 25,000 public service jobs atrisk from Barry O’Farrell.




Delivered a portable long service leavescheme for cleaners who had beenunable to accrue long service becausethey are often employed from onecontract to the next through no fault oftheir own

Barry O’Farrell has been taking advicefrom former Victorian Jeff Kennett, PeterCostello and he’s already lined up MaxMoore-Wilton as a key advisor, the manwho cut 11,000 jobs when John Howardmade him head of the Federal public

service. Ken Baxter, Jeff Kennett’s topadviser who cut 35,000 jobs fromVictoria’s public service and GarySturgess – the man who replaces healthworkers with robots – have also beenproviding the Opposition with advice.

Protected the rights of sub-contractors,giving them access to speedy, low-costresolution of disputed claims for work

they performed

Allowed public servants to challengematters relating to their employment ondiscrimination or victimisation grounds




Protecting our most vulnerable workers

There are approximately 44,000 workers in the New South Wales commercial cleaning

industry. Few, if any, have access to long service leave.

Most cleaners are engaged by a consecutive series of unrelated employers and are

unable to accrue the requisite ten years continuous service with a single employer despite

working in the same building, school or shopping centre for ten years and often longer.

We have legislated to establish a portable long service leave scheme for the commercial

contract cleaning industry that will recognise service to the industry rather than a single

employer and this will begin on 1 July 2011.

These new laws will allow cleaners who have faithfully worked in the same, school,

hospital or office building for a number of years to seek extended respite from a labour

intensive and demanding work environment, and will enable them to better balance their

work and family responsibilities.

ACTION:

Deliver a portable long service leave scheme for all cleaners in

NSW from 1 July 2011, allowing some of the State’s lowest paid

workers to access this entitlement for the first time




Ensuring victims can access leave when experiencing

domestic violence

The NSW Government has also introduced a domestic violence leave clause to give

workers an additional five days of leave per year if they are subject to domestic violence.

We acknowledge the importance of women being able to maintain their job if they are

experiencing domestic violence. We recognise the security and focus it provides.

However, we also know that it is difficult for women to go to work and participate fully in

office life in these circumstances. That’s why we have introduced a domestic violence

leave clause into public sector awards so that public sector employees experiencing

domestic violence can easily take some time off, knowing they have a job there waiting for

them.

This leave acknowledges that most people who are experiencing domestic violence have

already exhausted all their leave options. The additional five days will allow women to find

alternative accommodation, either in a refuge or with Housing NSW and ensure that they

have the financial capacity to remove themselves from such an environment.

ACTION:

Develop guidelines to support the recently introduced domestic

violence leave clause into awards for public sector employees to

access five days additional leave when they are experiencing

domestic violence.




Improving work/life balance

The NSW Government has declared Easter Sunday a public holiday from next year. This

will ensure that NSW employees who are requested to work on that day will have rights

and protections under the National Employment Standards.

In addition, the Act guarantees workers a weekday public holiday when Christmas Day,

Boxing Day or New Year’s Day fall on a weekend. Formalising these arrangements

delivers a better work-life balance and gives workers, especially in the service and retail

sector, a real choice as to whether they work on public holidays.

We have also prevented the practice of some retailers requiring staff to work ‘behind the

scenes’ in a shop that is closed for retail trade, but doing work preparatory to trading, such

as taking deliveries, stacking shelves or conducting a stocktake of goods to be sold.

These changes allow employees to freely elect whether they work or spend time with their

families and friends. It reflects the changing patterns of work, which see many people

working across a seven-day roster.

A re-elected Keneally Government will allow Long Service Leave to be taken at half pay

for double the time in Local Government. This gives workers in Local Government the

option of taking an extended period of leave, allowing workers to enjoy time off with their

family and friends.




ACTION:

Ensure that Easter Sunday will be a public holiday from 2011, and

there will be a guaranteed additional weekday public holiday

when Christmas Day, Boxing Day or New Year’s Day fall on a

weekend

Prevent stores from employing staff when retail trading

restrictions apply, for example on Christmas Day or Boxing Day

Giving workers in Local Government the option of taking their

long service leave at half pay for double the length of time, or

double pay for half the length of time.




Valuing our public sector

NSW Labor greatly values the contribution of the hundreds of thousands of public servants

who work across this State. We recommit to our policy of “no forced redundancies” across

the Public Sector which gives employees the security they need while guaranteeing to thepeople of NSW that essential services will not be cut.

Section 22 of the Public Sector Employment Management Act has been used as a bar to

prevent public sector employees bringing action against appointments based on

discrimination grounds, including victimisation for union activity and in the area of re-

deployment following a restructure.

We have amended the Act to remove the bar to actions based on the grounds of

discrimination. This will provide employees in the Public Service with greater certainty that

they won’t be overlooked for promotion and that an avenue is available to appeal a

decision should discrimination have occurred.

ACTION:

Recommit to our policy of no forced redundancies

Legislating to remove the statutory bar prohibiting a public servant

from challenging matters relating to either an appointment or a

failure to appoint to a Public Service position on discrimination or

victimisation grounds




Keeping workers safe

The harmonisation of occupational, health and safety laws in Australia has generated

some concern. There is a fear that this process could result in a watering down of OH&S

laws in NSW.

At present if someone dies on the job in New South Wales the onus is on the employer to

prove they did everything in their power to stop it. Under the proposed national laws, it will

be up to government inspectors to prove whether management was responsible. On top of

this, unions will be prevented from launching prosecutions against employers who neglect

safety in the workplace. This Government has and will continue to oppose any measures

that seek to take away the rights of workers under the NSW OH&S Act.

ACTION:

Maintain our strong OH&S framework and protect employees to

ensure they come home safely from work to their families each

day. This includes the maintenance of the reverse onus of proof

and a union’s right to prosecute




Compliance and training

We understand the importance of protecting rights and responsibilities and ensuring

businesses are competing fairly and complying with industrial legislation. Since 1996 the

Government has returned more than $53 million in underpayments to everyday workersand their families.

This year we are investing $23.7 million to ensure employers and their workers are well-

informed about their rights and responsibilities in the workplace – and that everyone is

given a fair go.

ACTION:

Continue our comprehensive compliance and education

programs in the workplace, including programs to raise

awareness amongst young workers, migrants, women and

Aboriginal and Torres Strait Islanders



www.kristinakeneally.com.au

Authorised and printed by Michael Lee, 377 Sussex Street Sydney NSW 2000.

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