South Oz IR reform illogical

PROPOSED changes to South Australia’s industrial laws puts the State in danger of becoming the most regulated in the nation, according to business and employer groups

PROPOSED changes to South Australia’s industrial laws puts the State in danger of becoming the most regulated in the nation, according to business and employer groups.

The Labour Market Relations Bill proposes a number of changes to South Australia’s industrial relations system, including extending the powers of the Industrial Relations Court, giving unions increased access to workplaces and changes to unfair dismissal rules, providing a minimum wage and protection for workers’ entitlements.

The co-employment components of the Bill are illogical and poorly thought-out, according to The Recruitment and Consulting Services Association (RCSA), and in its present form, may allow on-hired employees to make a claim for unfair dismissal against a host organisation if an on-hired employment assignment is ended prematurely.

“In the case of on-hired employees, the provider of those employees is their employer, not the client. We have long been recognised as the employer, and accept the responsibilities that comes as such,” said Beryl Rowan, president of the SA region of the RCSA.

South Australian business groups also condemned the proposed changes, claiming they posed serious consequences for business and families in South Australia.

“We stand as a united front against this Bill, which is bad for business, bad for families and bad for jobs,” said Business SA CEO Peter Vaughan.

The major concerns and implications for business from the Bill include more third-party intervention, more arbitration and more regulation and red tape, he said.

“We believe the Bill will present more complexity and workplace disputes and there is no certainty and less choice for employers,” Vaughan said.

“Because South Australia is home to a large number of entrepreneurs, contractors and self-employed business owners, the Bill will cut a swathe through this emerging new labour market.”

However unions said that the proposed changes were a first step to a fairer deal for the state’s most marginalised and exploited workers, and condemned business opposition to the Bill.

“It’s a massive over-reaction to an attempt to modernise laws that are more than 20 years out of date and that allow massive exploitation of outworkers, casual workers, apprentices and trainees,” said United Trades and Labor Council secretary Janet Giles.

“Business has had it all its own way for too long and now they're fighting tooth and nail to avoid even the slightest improvement in rights for the very worst off workers.”

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