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PSA MEDIA RELEASE

15th May 2012 - For Immediate Use

New industrial laws will create a more litigious employment relations environment

The PSA says proposed changes to industrial relations law are likely to create a more litigious employment relations environment.

The government has announced a raft of changes including removing the requirement to conclude collective bargaining, allowing employers to opt out of multi-employer bargaining and allowing partial pay reductions in the case of partial strikes.

The PSA negotiates collective agreements with the government each year covering tens of thousands of workers.

PSA National Secretary Richard Wagstaff says the changes will tip the balance even more in favour of employers at a time when workers’ rights have already been weakened.

“What we’ll end up with is a more litigious industrial relations environment which will detract from effective collective bargaining”.

There is currently a legal duty to conclude collective bargaining unless there are reasonable grounds.

“These proposals will change all that. Giving employers the ability to walk away from negotiations is a real attack on meaningful collective bargaining and the fundamental right to take industrial action. The result is likely to be long drawn out legal battles in the courts”.

The PSA believes that allowing pay reductions in the case of partial strikes also poses some big legal questions as to what constitutes a partial strike, how much money should be docked, and who decide the amount to be docked.

“The government claims it wants a more flexible labour market but all these proposals will do is further erode workers’ rights. They are an attack on good faith and collective bargaining, and will create a rich legal feeding ground which will only put pressure on an already over-stretched Employment Relations Authority”.

“Employees and employers are better off when energy is focussed on effective collective bargaining rather than being distracted by litigation,” he says.

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