More Ruddy IR

As I predicted (insert my own trumpet where appropriate) Kevin Rudd has released the better policies after the worst ones.


LIST OF "CHANGES"
1. Hours of work Standard working week of 38 hours.
2. Parental leave Guaranteed 12 months' unpaid leave for both parents.
3. Flexible work for parents Guaranteed right for parents to request flexible work arrangements until their children reach school age.
4. Annual leave All full-time, non-casual employees will be guaranteed 4 weeks' paid annual leave.
5. Personal, carer's, and compassionate leave Guaranteed 10 days' paid carer's and personal leave. An additional two days a year for the death or serious illness of a family member or person the employee lives with.
6. Community service leave Employees will be entitled to leave for community service such as jury service or emergency services.
7. Public holidays Guaranteed public holidays including Christmas Day, Boxing Day, New Year's Day, Australia Day, Anzac Day, Good Friday and Easter Monday.
8. Information in the workplace Employers must provide employees with a statement containing information on rights and entitlements.
9. Termination Guaranteed fair notice. Less than one year service, at least one week notice period. Less than three years, at least two weeks. Less than five years, at least three weeks. More than five years, at least four weeks.
10. Long service leave Nationally consistent long service entitlements


REVIEW OF "CHANGES"
1. Same as WorkChoices. Not sure whether the averaged-over-a-year will be repealed.
2. Same as WorkChoices. I originally thought it was an improvement – but Rudd says only one parent at a time – WC says the primary caregiver.
3. Ah, see, you have to read these things carefully. “Guaranteed right for parents to request“ – not a “right to”. I imagine that will be worded with escape clauses for employers. I predict the word ‘reasonable’.
4. Same as WorkChoices. Not sure whether the option to cash-out will be repealed.
5. Worse than WorkChoices – it appears to be the same quantity of leave, but WC did guarantee at least 2 days carers leave unpaid.
6. Better than WorkChoices. Potentially. It’s a bit of a grey area. It seems to be absorbing the jury service rules from the states rather than adding any non-existing protection. Protection for emergency services personnel might be new.
7. Better. Penalty rates will be reinstated. (Although in removing AWAs, this was always a given.)
8. Good. Workers get pamphlets – should tackle a bit of ignorance.
9. Same. This is exactly how the law already reads. WC only removed the ability to include termination notice in awards – no word on whether that’s being reinstated.
10. Unknown. It could be good for some states, worse for others.

On point 4, Rudd claims “that, we believe, is the pro-family way.” That, Mr Rudd, is the WorkChoices way. It words it: “Parental leave of up to 52 weeks unpaid after the birth or adoption of a child for the primary caregiver”, as one of the 5 minimum conditions. Sounds strikingly similar to your own stance.

SUMMARY:
Mostly the same as WorkChoices.

PROS:
Parents get to ask for flexible working arrangements.
Emergency services are guaranteed leave. (Not sure if they have that already.)
Penalty rates for public holidays returned.
Possibly better long service leave entitlements.
Workers get pamphlets on their rights.

CONS:
Standard working week might still be averaged over a year.
Option to cash out annual leave might not be repealed.
Two days unpaid carers leave might be repealed.
Possibly worse long service leave entitlements.

RANT:
Rudd may as well have got up and said he was going to read out the Workplace Relations Act, because that’s essentially what he did. I’ve struggled to find the benefits, but workers get public holidays and a booklet. Amazing. But it’s too easy to get mired in the spin, let’s get a list of the changes made by WorkChoices, and see what’s changing. Here’s my WorkChoices graphic, which does just that:

GRAPHICS FOR THE HARD OF THINKING:

This is based on Wikipedia’s WorkChoices article describing the scope of changes. I added in AWA's because they're a big part of it (despite the fact they were brought in before WorkChoices). I'm sure this graphic is subject to change, but it seems accurate so far. (Critiques welcome.)

UPDATE: As I feared, the right to flexible work hours for those with young children won't be binding. Employers need only reject the request in writing, with no fear of challenge or penalty. Which kind of hollows out the proposal - a guaranteed right to ask? I would have assumed asking for flexible hours wouldn't exactly be grounds for dismissal.