AIRC upholds union rights

The Australian Workers’ Union welcomed today’s decision by a full bench of the Australian Industrial Relations Commission to include union rights in Enterprise Bargaining Agreements (EBAs).

The decision in Schefenacker Vision Systems Australia and two related appeals (AIRC: PR956575) confirmed that trade union training leave, right of entry for union officers and recognition of union delegates were all matters which could be included in valid EBAs.

"This is a major victory for the AWU and other unions and will allow them to continue to operate effectively to represent workers' best interests," AWU National Secretary Bill Shorten said.

The case arose from the Electrolux High Court case last year to resolve uncertainty about what issues could be included in certified EBAs on the basis of being "matters pertaining to the employment relationship."

The six issues in dispute were:

• Union right of entry

• Union training leave

• Union recognition / recognition of delegates

• Payroll deductions

• Conditions of labour hire employees

• Salary Sacrifice

Of the six issues in dispute, the AWU or other unions won the right to include in EBAs all matters except the payroll deduction provisions.

"In making the decision the Commission rejected substantial portions of submissions from the Federal Government and the Australian Industry Group - the decision is a serious blow to the Howard Government's attempts to wind back union rights," Mr Shorten said.

Wayne Hanson, Secretary of the AWU's South Australian Branch, said: "In this decision the industrial umpire has recognised that unions have a proper role in forming and negotiating the agenda for workers and a rightful place in the enterprise bargaining process."

"The victory bodes well for the union movement as a prelude to the challenges which will inevitably occur should the Howard Government continue to propose and pass legislation aimed at winding back workers' rights," Mr Hanson said.