Advcocate Pushes Pattern Bargaining

Date: 29 May 2000

A common theme in the legislation and rhetoric of conservative forces in Australian Industrial Relations over the last two decades has been "the monopolization of labour by unions many of whom employ pattern bargaining" to advance the interests of their members.

Colin Lynch the National coordinator responsible for the ASU call center campaign said, "It is because conservatives forces in Australia have continually attacked unions for bargaining with employers collectively and through their representative organisations that it is with some bewilderment that the ASU has discovered that now the Office of the Employment Advocate (OEA) in conjunction with a major call center employer representative, the ATA, has developed what we believe is a pattern bargaining document of their own. The aim of which is to make it easier for employers to introduce and standardise specific wages and conditions across the call center industry. This framework provides detailed clauses which can be copied directly in to an AWA. Contradicting the claims of the OEA and Minister Peter Reith that the role of the OEA is to assist both employees and employers in reaching mutually beneficial agreements the OEA has restricted access to the framework to employers only. The ASU believes that in many cases this will lead to reduced wages and conditions for call center workers.

According to the employment advocate and the ATA, the traditional Australian award system does not accommodate the so called special needs of call center employers and employees. These needs can apparently be filled by the new AWA framework agreement by enabling employers to reduce costs and increase productivity by;

1. Avoiding costly problems with unfair dismissal
2. Avoid paying penalty rates by increasing the time within which a worker works under ordinary time earnings
3. Clarify and streamline disciplinary procedures
4. Ensure employees work as directed
5. Ensuring that pay rises are determined by employer evaluation only
6. Override state and federal awards
7. Remove the 17.5 per cent loading on holidays, limit the ability to accrue annual leave in some cases
8. Make sure that only the employer has the say when you start employment as to whether you work under an AWA or not. The reality is that you sign the AWA or no job will be offered
9. Rostering of ordinary hours can be on any five days in a 7 day period, making the weekend and award penalty rates irrelevant if the employer so decides
10. Prevents workers taking any form of industrial action

There is little choice or joy for workers in this framework with no place for collective representation their unions. In practice what is happening is once the employer has registered an AWA new employees will be covered by the agreement whether they like it or not. The life of an AWA is a maximum of three years but in the absence of workers collectively combining the agreement will stay in force indefinitely.

The framework AWA is claimed to be in the interests of workers and employers but this framework agreement is not even available to workers or unions. The OEA has instructed that the framework is only to be issued to employers in the call center industry. How is it that workers can have a real choice in their wages and conditions at their workplace in such obviously hostile and partisan circumstances.

Mr Lynch said it's a good example of the hypocrisy and mean fisted agenda of conservative Australian Governments and employers. They have berated the Australian award system and collective bargaining for reducing competition. So-called pattern bargaining is condemned by the Liberal Government yet its own creation the Office of the Employment Advocate is producing a framework to allow employers to do what we believe is to pattern bargain with their employees. But in many cases this bargaining will bring concessions not benefits to employees. Concession bargaining is probably the most accurate description of the results of this approach by the OEA and ATA.

He says the ASU is seeing an increasing number of employers attempt to introduce AWAs in this industry. In the cases we have documented employees feel they are worse off with little ability to influence or negotiate with their employer. He said a recent research study undertaken by the ASU highlight the role of management and employment practices in high levels of workers stress. A further weakening of the bargaining power of workers will lead to greater stress and a reduction in the quality of working lives for many call center workers. This is the reality of maintaining a deregulated industrial environment where workers are assumed to be of equal bargaining power to their employers. I would be surprised if there is are many other than conservative ideologues that actually believe this claim of mutual benefits coming about because of AWAs. Yet it continues to underlay and justify Australian industrial legislation.

This is especially important in the call centre industry because the rapid expansion and deregulated nature of this industry goes hand in hand with the industrial policies of the Howard government, which is all about increasing the power of employers and reducing the power of workers. The ASU believes the OEA framework will reduce a majority of workers bargaining power and wages and conditions. In reality what is happening is that workers are told you sign on the dotted line or do not accept the job.

The ASU is advising workers confronted with an AWA to contact the union immediately for advice. Workers do not have to accept AWAs but once they are implemented at a workplace it is more difficult to get rid of them. The union suggests the way to overcome these AWAs is for workers to organise their workplace and negotiate a collective agreement with their employers.

For further information

Contact:	Colin Lynch
Union:	Labor Council of NSW
Phone:	0408368234
Fax:	02 93193211
Email:	clynch@syd asu.asn.au
WWW:	http://workers.labor.net.au/

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