Greens move to protect right to strike

At the Law and Justice forum recently (Monday 19 March) held at the Workers Club (Panthers) and sponsored by the Law Society, Sydney Labor candidate Jodi McKay said that she did not support changing the workers compensation laws to make them fairer for workers.

I certainly do support making the laws fairer for workers and I put out a media release saying so.

Meanwhile...

Greens MP and Upper House candidate Lee Rhiannon has announced that the Greens will introduce a private members bill, the Tort Reform (Protection of Workers) Bill 2007, to overturn 'industrial torts' in NSW that allow employers to sue workers for industrial action.

"The Greens want to abolish this archaic law that allows employers to sue workers and their unions for striking or taking other industrial action. These laws must be repealed", said Ms Rhiannon.

"Greens MPs in NSW, ACT, WA, Tasmania and Victoria will act together in coming months to move bills in each state to overturn so-called industrial torts.

"In the face of Howard's unfair IR laws, state Labor governments should do as much as they can to protect the rights of working people to take industrial action to defend workplace rights.

"Industrial torts have a chilling effect on the willingness of workers and unions to take industrial action.

"For many workers, the choice to go on strike means potentially being sued, putting homes and livelihoods on the line.

"The Greens bill will abolish industrial torts in all but exceptional circumstances and only with the approval of a Full Bench of the NSW Industrial Relations Commission. It is not possible to screen out all of the harsh penalties in WorkChoices, but this bill will make a difference.

"These torts are a hangover of ancient common law that have been dusted off and used by employers in recent decades. They need to be thrown into the rubbish bin of history.

"Industrial torts have been repealed in England and in South Australia. NSW is dragging the chain.

"The Greens bill will bring NSW laws into line with Australia's international treaty obligations protecting the right to strike.

"Ideally, Premier Iemma would commit to abolish this historical relic. The Greens would be pleased to support such moves.

"Premier Iemma should not have to be prodded to overturn this archaic law and protect the right to strike in NSW", said Ms Rhiannon

Briefing note: Greens industrial reforms

What is the current law?
There currently exist ancient common law 'industrial torts' which restrict the rights of unions and working people to strike and take other industrial action. Workers and their unions can be sued for unlimited damages, placing homes, property and livelihoods at risk.

The torts are a hangover of colonial nineteenth century English 'master and servant' law and have been repealed in England. Despite being archaic, the laws are regularly used by employers in State courts to obtain orders stopping industrial action and to bring claims for damages. Industrial torts were revived in the famous 'Dollar Sweets' case of 1985 when Peter Costello sought damages against the Federated Confectioners Union.

What are the Greens planning?
The Greens will introduce legislation in state and territory parliaments in coming months to protect the rights of unions and workers to take industrial action without being sued for damages, except in South Australia, where the torts were repealed in the 1970s. Despite having had control of State parliaments for many years, Labor governments elsewhere have failed to move to guarantee the right to strike.

The South Australian legislation does not provide protection in cases of personal injury, damage to property, theft or defamation. The Greens will now seek to substantially reflect the principles of the South Australian legislation in all jurisdictions, so that no legal action can be taken in tort in connection with industrial action without the prior approval of the Full Bench of the relevant industrial commission.

What would be the effect of the amendments?
Although state and territory governments cannot override the punitive provisions of the Federal WorkChoices legislation, they can remove unions' and workers' exposure to damages and injunctions. This would go some way to enshrining in Australia a real 'right to strike'. The details of the law would need to be adapted for each jurisdiction.

Which laws would be amended?
A Tort Reform (Protection of Workers) Bill 2007 would be introduced in each jurisdiction where the Greens have representation (NSW, Victoria, Tasmania, WA and ACT; except South Australia where similar laws already exist).

In NSW, this Bill would amend the Industrial Relations Act 1996.
In WA, this Bill would amend the Industrial Relations Act 1979.
In Tas, this Bill would amend the Industrial Relations Act 1984.
In Victoria and the ACT, the Bill would establish new legislation.