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This edition:
ARE ALL STRIKES NOW ILLEGAL UNDER HOWARD’S IR LAWS?
EOWA ANNOUNCES BUSINESS ACHIEVEMENT AWARD WINNERS
UNIONS PUSH FOR MINIMUM WEEKLY WAGE TO TOP $500
HOWARD TO RESTRUCTURE APPRENTICESHIP SYSTEM
BIG FIRMS LIKE WORKING FROM HOME
A FOCUS ON ETHICS WITH THE SHARE PRICE IN
MORE FIRMS TURNING TO EXECUTIVE COACHES
US STATE COURT RULES EMPLOYEE HAS SELF-DEFENSE RIGHT
JOBS JUST KEEP ON RISING
UK EMPLOYERS SEE SABBATICAL LEAVE AS STAFF RETENTION MECHANISM
NEW AUSTRALIAN SAFETY COMPENSATION COUNCIL EXPECTED TO IMPROVE
CONSISTENCY, DISCUSSION OVER WORKPLACE SAFETY.
 AUSTRALIAN FIRMS PAY $1,300 MORE FOR OFFICE STAFF
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ARE ALL STRIKES NOW ILLEGAL UNDER HOWARD’S IR LAWS?
WorkplaceInfo 21/9/05
Severe restrictions on strikes but an ‘open slather’ on lockouts by employers are part of the Federal
Government’s secret war on blue collar unions under which all strikes may be illegal, according to a Sydney
academic. Chris Briggs, a Post-Doctoral Fellow at the University of Sydney IR think-tank acirrt, says that under
the new rules ‘it is difficult to think of a strike that would be unambiguously legal’.
In a paper called ‘Secret ballots or secret war?’, published by Australian Policy Online, Briggs says the
Coalition’s IR changes ‘appear designed to hollow out the legal right to strike while giving employers an almost
unlimited freedom to lock out their employees’. ‘In a world first, Australian law will be tilted dramatically in favour
of employer lockouts,’ he says.
Briggs says a series of limitations have already been placed on strikes. ‘They are no longer permitted while an
agreement is in force (even if the issue isn’t covered by the agreement),’ he says. ‘Multi-employer or sympathy
strikes are illegal (which, according to the International Labour Organization, is in breach of international
conventions).
‘A technical definition of “employment matters” limits what unions can strike about, and excludes matters like
consultation rights as well as social and political matters. ‘Moreover, big penalties have been introduced for
strikes which don’t fit within these parameters.’
And he says the legislation imposing secret ballots before unions can call strikes is fraught with difficulty for
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unions. ‘Unions will have to get ‘permission’ from the IR Commission even to hold a membership ballot,’ he says.
‘If they get past the objections of legal counsel acting for employers, they must then apply to the Australian
Electoral Commission (AEC) for a ballot. ‘The AEC draws up a roll of eligible voters, collates names, posts ballot
papers, waits for them to be returned and collates the results.
‘Over 40% of eligible voters must vote and 50% of them must vote yes. Legal counsel for employers can
challenge the result on the grounds of “irregularities”.' Briggs says workers can then finally take industrial action
after giving a further three days’ notice. ‘But if their action doesn’t conform to the precise wording of the ballot the
lawyers can move in again,’ he says. ‘Even after a group of workers finally navigates its way through this legal
quagmire, the legalities are still not over.
‘Under the Better Bargaining Bill any “significantly affected third party” will also now be able to apply to have a
strike suspended – any student, any commuter, any customer, any patient, any business. ‘The law’s so openended that it’s difficult to think of a strike that would be unambiguously legal.’
Briggs asks ‘if the ballot process is about democracy, why are employers not also required to ballot their
shareholders before locking out their employees? ‘Why are industrial action ballots supervised by the AIRC and
the AEC whereas employers are permitted to self-conduct ballots of their own workers to determine whether they
consent to non-union agreements?’ he queries.
Briggs says these changes will do nothing to alleviate, and may even worsen, the real problems of contemporary
working life, such as issues like work/life balance, the very low work participation of mothers and deepening
inequality. ‘Instead of addressing these difficult, complex policy challenges, the Coalition prefers to play war
games with blue collar unions,’ Briggs says.
EOWA ANNOUNCES BUSINESS ACHIEVEMENT AWARD WINNERS
Wednesday, 21 September, 2005 aap
The Equal Opportunities for Women in the Workplace Agency (EOWA) has announced the winners of its 2005
business achievement awards at an event in Sydney. The award recipients came from a broad range of
organisations, including universities, major corporations, and smaller companies.
The EOWA awards showcase business leaders and companies that have displayed commitment to and
advancement in equal opportunity for women in the workplace. The awards were judged by industry leaders and
academics, including Australian Industry Group CEO Heather Ridout, Sex Discrimination Commissioner Pru
Goward, Professor Ed Davis from Macquarie University and Dr Marion Baird from Sydney University.
The categories and winners were: Diversity Leader for the Advancement of Women
Ms Sara Rasmussen, Work & Life/Diversity Specialist, Insurance Australia Group
Leading Organisation for the Advancement of Women (<500 Employees)
Overnewton Anglican Community College
Highly Recommended: Novita Childrens’ Services
Highly Recommended: RSPCA (Victoria) Incorporated
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Outstanding Result for the Advancement of Women
SCI Fleet Motors
Leading CEO for the Advancement of Women
Giam Swiegers, CEO, Deloitte Touche Tohmatsu
Leading Organisation for the Advancement of Women (>500 Employees)
ANZ Banking Group Ltd
Highly Recommended: University of NSW
Outstanding EEO Practice for the Advancement of Women
Macquarie University
Highly Recommended: Westpac
Outstanding EEO Practice for the Advancement of Mature-Aged Women
The Windsor Hotel
Outstanding EEO Practice for the Advancement of Women in a Non-Traditional Area/Role
Century Drilling
Highly Recommended: G & K O'Connor Pty Ltd
Judges Award for a Person or Organisation for their contribution to the Advancement of Women
Professor Sally Walker, Vice Chancellor, Deakin University
UNIONS PUSH FOR MINIMUM WEEKLY WAGE TO TOP $500
Wednesday, 21 September, 2005 aap
The union movement will seek a wage rise of four per cent for Australia's 1.6 million lowest paid workers in what
is expected to be the last national wage case to be heard by the Australian Industrial Relations Commission
(AIRC). The ACTU lodged its claim today to lift the minimum wage above $500 a week.
The claim has been lodged in the shadow of the federal government's planned industrial relations changes which
will take away the AIRC's power to set wages, transferring it to a new Fair Pay Commission. ACTU secretary
Greg Combet said the claim was moderate and reflected rising petrol prices and other increases in living costs.
It would represent a pay rise of $19.38 a week for people on the minimum wage, lifting it to $503.80. The new
claim follows the award of a pay rise of $17 a week by the AIRC in June, which lifted the minimum wage to
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$484.60. Mr Combet said the four per cent claim reflected the amount that wages throughout the economy had
risen in recent times.
But it is well above the inflation rate of 2.5 per cent for the year to June. This year's claim has been lodged
earlier than in the past to pre-empt the introduction of the new workplace legislation. If successful, the new
minimum wage would apply from early June next year.
The ACTU also will seek to increase training wages, after Prime Minister John Howard signalled yesterday that
they could be cut under plans to encourage more young people to be trained as apprentices. Mr Combet
dismissed criticism by the government and employer groups that it was a stunt. On Monday, Workplace
Relations Minister Kevin Andrews said the government would move to block the claim being heard by the AIRC.
Mr Combet said this would effectively freeze wages for the lowest paid until the second half of next year. He
accused the government of hypocrisy, as the salaries of federal MPs and ministers had risen by an average of
four per cent over the past two years. "This is a challenge to the government," he said. “... We think it is
necessary and justified to protect the living standards of low-income earners, particularly in the face of increasing
petrol prices. He said the AIRC should not be influenced by any political pressure and should consider the wage
claim on its merits.
The ACTU's claim also will be lodged in state industrial relations systems, which are to be scrapped under the
government's proposed shake-up.
HOWARD TO RESTRUCTURE APPRENTICESHIP SYSTEM
WorkplaceInfo 20/9/05
The Federal Government has announced plans to increase the number of school-based and part-time
apprenticeships and to allow the Fair Pay Commission to set new minimum wage rates for trainees. The Prime
Minister, John Howard, announced today that new workplace relations legislation will:
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Include a requirement that minimum wages for trainees be set by the Australian Fair Pay Commission
(AFPC) at levels that ensure they are competitive in the labour market;
Provide the AFPC the discretion to establish separate minimum wages for all categories of trainees;
Give the AFPC a general power to take any action in relation to wages that is necessary to ensure that
the full range of apprenticeships and other training arrangements that are created by the training system
will be covered by appropriate wages;
Require the AFPC to establish minimum training wages for all types of apprenticeships that will operate
wherever there are currently any gaps in state or federal award coverage;
Remove any provision of an award that restricts the range of apprenticeships. This would include the
removal of any provision that regulates or limits the duration of new apprenticeships; and
Include standard minimum wages for school-based traineeships and apprenticeships that will take effect
immediately and be available for Australian Technical Colleges wherever awards do not already include
such minima. The minimum wages will apply until the AFPC has been established and has set minimum
wages that will fill the gaps in award coverage.
State barriers more serious, says Howard
There have been suggestions the freeing up of the duration of apprenticeships and traineeships could be
negotiated through AWAs. Howard said the barriers to apprenticeships are ‘generally much more serious in the
state industrial relations systems than under the federal system’.
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‘Most of the state industrial relations systems provide little coverage for school-based apprenticeships, and only
a small number of state awards provide for the employment of part-time apprentices,’ he said.
Howard said a lack of appropriate wage provisions in awards and restrictions on the range and duration of
apprenticeships are obstructing people from entering apprenticeships. The Government has already announced
its intention to create a single national workplace relations framework which will include training provisions.
BIG FIRMS LIKE WORKING FROM HOME
Chicago Tribune (08/09/05), Carol Kleiman
Large communication firms like AT&T are allowing employees to telecommute, which is also known as
teleworking. Upwards of 90 percent of the firm's 30,000 management employees work remotely "at least part of
the time," says AT&T's senior vice president Cathy Martine.
She notes that two of the biggest mistakes companies make are not trusting employees who telecommute and
not realizing the potential for saving money, which can be used as a business incentive. Workers actually tend to
become more productive, notes Martine, and any delinquent behavior does not stay hidden for long. A recent
study revealed that 66 percent of AT&T's teleworkers said they are "happier" since starting their teleworking
arrangements, and 69 percent said they are happier in their personal lives as well.
Clay Nelson, founder of Consulting Services Network, says merging work/life balance into their work helps
people be more satisfied. He adds that it is not possible for people to separate their personalities at home and at
work. An AFL-CIO Work and Family report reveals that flextime is available to almost 62 percent of employees
who earn more than $71,000 annually, but to less than 31 percent of working parents who earn less than
$28,000 annually.
A FOCUS ON ETHICS WITH THE SHARE PRICE IN MIND
Financial Times (08/08/05) Larsen, Peter Thal; Wighton, David
Chuck Prince, the chief executive at Citigroup, has strived to make his firm's corporate culture more ethical. He
was plagued by two major incidents in the summer of 2004 -- a trade that upset the eurozone government bond
market and Japan's request that Citigroup suspend its private banking businesses in that country.
In response, Prince launched a tour to meet Citigroup employees, during which he apologized for the firm's
behavior in Japan. He also asked executives of other large firms for guidance. For instance, he discussed the
benefits of anonymous feedback with Michael Dell, the founder of Dell Computer, and also consulted officials at
General Electric, IBM, Time Warner, and Xerox.
He concluded that workers tended to concentrate too much on realizing short-term goals and the performance of
their divisions and not enough on long-term performance and the effect of individuals' actions on the company.
He next developed the "Five Point Plan" of intensive training for all high-ranking executives, established
anonymous assessments of supervisors by employees, and set up a standardized system for performance
evaluations. By increasing discipline at the firm and sidestepping mistakes, Prince anticipates improving the
firm's share price and encouraging further acquisitions in the future.
ONLINE LEARNING TREADS WEARY PATH
CNN (08/15/05) ; Grayson, Ian
Universities and business schools believed Internet-based learning, which allows geographically diverse
students to complete modules at their own pace, would become a significant source for executive education.
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Universitas 21 Global has enrolled 800 students from more than 40 countries since its start in 2003, but the idea
of online learning has yet to boom as previously expected. However, developing countries, such as India and
China, are using online executive training to fill gaps caused by shortages of qualified executives.
Universitas 21 Global CEO Mukesh Aghi asserts that online education is cost-effective and convenient for
developing countries. In opposition, Monash Center for Research in International Education director Simon
Marginson believes face-to-face learning is more effective, since some learning experiences can only be done in
groups. However, Marginson is careful not to dismiss the idea of e-learning, which he believes is beneficial for
specific types of learning. Meanwhile, Aghi is attempting to boost awareness of e-learning and increase
acceptance of the model as a desirable learning tool for corporate executives.
MORE FIRMS TURNING TO EXECUTIVE COACHES
Dallas Morning News (08/18/05); Robertson, Jordan
Executive coaching, which involves one-to-one corporate mentoring, is increasingly being used for future leaders
rather than solely for existing top-ranking executives. Executive coaching, which focuses on skills like
communication and management, has grown to be a $1 billion per year industry in the United States.
Kasey Bell, an operations manager for IBM, says working with an internal coaching network helped her boost
her direct reports five-fold. Bell felt that she "needed a pain-free environment where nothing was off-limits" in
order to alter her management style. Emerging return-on-investment data indicates that hiring business coaches
can lead to greater productivity and sizeable financial gains for companies.
At Booz Allen Hamilton, for instance, a 2004 study showed that personal coaching returned $7.90 for every $1
spent, according to MetrixGlobal, and the more than 40 participants noted an increase in camaraderie, improved
consulting, and higher retention rates among senior managers.
Full-time coach Buzz Kolbe says most of his clients are successful managers who want to move forward in an
increasingly competitive job market. But because there are virtually no hurdles to working as a corporate coach,
there is a concern that incompetent people are providing services as coaches. People who lack adequate
corporate or psychiatric training can actually hurt a company and reduce employee morale, says clinical
psychologist Steven Berglas, who is also a researcher at the University of California at Los Angeles' Anderson
Graduate School of Management.
STATE COURT RULES EMPLOYEE HAS SELF-DEFENSE RIGHT
Christopher Cornell August 22, 2005
In a case being watched around the USA, the West Virginia Supreme Court has ruled in favor of an employee
who was fired after foiling a robbery.
The case of Feliciano vs. 7-Eleven, began when a masked woman with a gun attempted to rob the Baker
Heights, W.Va., convenience store where Antonio Feliciano worked. Feliciano was able to grab the robber’s gun
and hold her captive until the police arrived. Feliciano was then terminated for failure to comply with its company
policy, which prohibits employees from subduing or otherwise interfering with a store robbery.
Feliciano sued, claiming to have been wrongfully discharged. Feliciano’s attorney’s cited a law that says
exceptions to the “at-will” employment doctrine can be made in the case of a “substantial public policy,” arguing
that a citizen’s right to self-defense ought to be such a substantial public policy.” The lower court turned to the
state Supreme Court for a ruling on the question.
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Justice Robin Jean Davis, writing for the state’s high court, noted that “from the earliest reported cases to
present-day decisions, this court has repeatedly recognized and safeguarded an individual’s right to defend
him/herself against an unprovoked assailant,” and therefore declared that an “exercise of self-defense in
response to lethal imminent danger ... constitutes a substantial public-policy exception to the at-will employment
doctrine and will sustain a cause of action for wrongful discharge.”
However, she added, “an employer may rebut an employee’s prima facie case of wrongful discharge ... by
demonstrating that it had a plausible and legitimate business reason to justify the discharge.” The case now
returns to the lower court.
JOBS JUST KEEP ON RISING
HR Manager - August 2005
The Australian job market finished the financial year at an all-time high. According to the Olivier Internet Job
Index, jobs rose 4% in June, with an average of 163,837 job offers appearing each week. "This is a substantial
increase at a time when there's traditionally a market dip," said Helen Olivier, co-director of the Olivier Group.
Increases in some sectors were significant, such as multimedia, internet and graphics jobs up a startling 21.45%.
IT added 1.46% in jobs for June, pushing it up 55.75% on the same time last year, while transport rose 15.88%
and administration 9.15% in the month.
"The main reason we've seen for this is the continued skill shortage," said co-director, Bob Olivier. Both Olivier
directors said employers are adopting more flexible hiring strategies to combat the current skill shortages.
"Already canny employers have been taking on more junior people and working on their learning and
development programs," said Helen Olivier.
"The willingness to hire overseas, to take on part-time workers, to entice people back to the workforce and to
employ mature age workers have all been adopted enthusiastically," she said. Bob Olivier added that employers
are willing to compromise on skills if the cost is more favorable to them. "We've seen enormous growth in the
number of graduate opportunities in the last 12 months," he said. "Alternatively they're looking at remuneration
packages, both base and incentive, to lure the right people."
Drake International's Quarterly Employment Forecast also predicted jobs to grow 1.25% over the next three
months, translating into 101,413 new jobs for Australians. Drake's survey found fulltime employment prospects
are best in the professional services and transport and distribution sectors, while retail and hospitality and
tourism are expected to create more casual jobs. "While the economy has slowed compared to last year,
Australia's job market continues to grow at an impressive rate," said national manager for Drake, Andrew
Dingjan. By contrast, D&B's National Business Expectations report released in July showed expectations for
employment growth during the September quarter to be at its lowest in almost three years, down to an index of
zero.
EMPLOYERS SEE SABBATICAL LEAVE AS A VALUABLE MECHANISM TO RETAIN STAFF
Hr manager 12 Sept
According to a recent survey, two-thirds of employers believe that sabbatical schemes can help them to retain
staff. With the current labour market determined by skill shortages and emergence of Generation Y, employers
are looking for innovative solutions to retain staff who are no longer motivated by the “job for life” of “live to work”
mentality.
Volunteer travel company i-to-i, surveyed 500 British employers and found that almost 60% thought that such
career breaks could enhance employee’s skills and 55% believed that sabbaticals motivated workers. Indeed, a
significant number of those surveyed reported that they would financially support staff while they took sabbatical
leave. More than 40% reported that they would pay some salary to staff on leave so as to encourage them to
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return to work, while 60% of large organisations (those with a turnover of more than £20 million) would consider
offering sabbaticals as part of their remuneration packages.
NEW AUSTRALIAN SAFETY COMPENSATION COUNCIL EXPECTED TO IMPROVE CONSISTENCY,
DISCUSSION OVER WORKPLACE SAFETY.
Hr manager 12 Sept
The Federal Government is looking to establish a more national approach to workplace safety and workers
compensation through the establishment of the Australian Safety and Compensation Council (ASCC).
The Minister for Employment and Workplace Relations, Kevin Andrews recently introduced the legislation which
would see the establishment of the ASCC, which would comprise representatives from the Federal Government,
each State and Territory Government as well as employer and employee representatives.
The main role of the new Council will be to coordinate research and provide policy advice to the Workplace
Relations Ministerial Council. It will act as the key forum for greater national discussion and coordination while
respecting the states’ jurisdictions over workplace safety and workers compensation.
The ASCC, like its predecessor, the National Health and Safety Commission, will have the power to declare
national OHS standards and codes of practice.
Above all, however, the expectation is that it will promote greater levels of consistency and uniformity across
various jurisdictions.
AUSTRALIAN FIRMS PAY $1,300 MORE FOR OFFICE STAFF
12 Sept Hr manager
Australian firms are paying around $1,300 more on average for office personnel this year, compared to 2004, an
increase in average wages of 3.24%, according to Drake International’s 2005 Salary Survey.
The average wage of an office professional in Australia is $42,753, up from $41,410 in 2004. At the top end,
office staff take home $63,075 while the lowest paid receive $33,192.
Senior Accounts staff command the highest salaries, with employers paying an average $57,713 per annum,
followed by Office Managers at $54,816. Data Entry Operators take home the lowest wages at an annual
average of $34,475.
According to Donald McNeill, National Marketing Manager for Drake, wage growth for office professionals was
modest compared to other occupations. “Australia’s increasing skills shortage is not as evident among office
professional roles, and this is helping keep price pressure at bay. Office Assistants have seen the most
significant rise with average wages increasing 8.48% from $34,783 to $37,734 per annum.
Inbound and Outbound Sales is the only occupation to record a pay decrease. Drake’s survey found that
average wages slid marginally from $40,280 in 2004 down to $39,994 currently.
Wages have increased steadily over the past 12 months in Adelaide, Perth, Brisbane and Melbourne with each
reporting growth of 10.96%, 9.58%, 4.28% and 0.61% respectively.
Drake’s research shows it can cost an organisation up to 2.5 times the annual salary of the person they have to
replace. “Businesses need to consider the non-financial benefits they can offer to remain competitive in this
candidate tight market,” said McNeill. Drake surveyed 261 companies from the nation’s seven mainland capital
cities and three key regional areas for its 2005 Salary Survey.
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THOUGHT FOR THE DAY
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