Union members will defy warnings of imprisonment when they march on the offices of a major business lobbying group, as the Fair Work Commission mulls sweeping changes that could cost workers hundreds per week.
Members of the Australian Services Union will rally outside the offices of the Australian Industry Group in Sydney and across the country on Thursday afternoon in opposition to the AIG’s submission to the FWC.
The Commission is currently considering whether to bring the Social, Community, Home Care, and Disability Services Award in-line with aged care sector, which the ASU says would result in largely lower pay rates for staff.
The ASU claims the AIG’s submission would go further, slashing wages for 73 per cent of workers, meaning sexual assault counsellors would earn $930 less per week, case managers $534 less, and disability support workers $179 less.
“The reality of what that would look like (for workers) is complete upheaval and devastation, because people just couldn’t afford to keep working in this sector,” ASU secretary Angus McFarland said of AIG’s proposal.
“I would be very, very concerned actually about the impact on the continuity of service for these vulnerable groups … we will see an exodus of workers in a sector that already really finds it difficult to attract and keep workers.
Camera IconASU secretary Angus McFarland said AIG’s proposal would involve complete upheaval and devastation. NewsWire / Gaye Gerard Credit: News Corp Australia
“That will have a flow on effect if you suddenly can’t staff women’s refuges or essential disability services.
“That is going to be a big problem for not just our members, but everyone that relies on and needs these services.”
The planned action stands in defiance to warnings by the AIG in their reply to the Commission on October 15 that the ASU’s campaign put union members at risk of contravening Section 676 of the Fair Work Act.
Under the Act, a person could be sentenced to up to 12 months in prison in they are found guilty of threatening, intimidating, or coercing a person because they have “given, or proposes to give, information or documents to the FWC”.
In their submission, the AIG claimed the Services Union’s campaign appeared “intended, in part, to intimidate or coerce the Australian Industry Group into adopting a position that accords with the position of the ASU”.
“We consider that the actions of the ASU have, at the very least, prejudiced the Australian Industry Group and interfered with the integrity and proper conduct of these proceedings,” the AIG said in its submission.
“It has had a chilling effect on employers considering involvement in these proceedings to provide submissions or evidence that is contrary to the views of the ASU.”
The AIG further claimed as a result of the ASU’s campaign that the Fair Work Commission did not have “before it a full or reliable picture of the perspective of industry”, and that the ASU’s conduct was “misleading”.
Asked whether he believed members would be at risk of jailtime if they attended Thursday’s rallies, Mr McFarland said: “I don’t think there is any possibility that we’re breaking the law for protesting against pay cuts.”
“I think AIG would just look even more ridiculous if they were to follow through with their threat, but it does show how desperate they are to cut women’s wages if that’s what they’re doing when they’re called out for it,” he added.
The AIG were contacted but declined to comment.
NSW government voices concern
In a joint submission, NSW Industrial Relations Minister Sophie Cotsis and Families Minister Kate Washington said they supported efforts by the Commission to remedy gender-based undervaluation and modernise the Award.
“The Commission is urged, however, to ensure that the process does not inadvertently disadvantage workers or undermine the viability of community sector organisations,” the ministers said in their submission, seen by NewsWire.
Camera IconMinister Sophie Cotsis supported efforts by the Commission to remedy gender-based undervaluation and modernise the Award. NewsWire / Nikki Short Credit: News Corp Australia
The NSW government sought to raise a number of concerns with the commission, including the pace of the review, nervousness among staff to changes to role classifications, and if “grandfathering” would create two pay structures.
“In relation to potential pay reductions, it is difficult to understand how these can be considered to be consistent with what is ostensibly a remedy for previous gender undervaluation,” the ministers said.
“The NSW government is acutely aware of the critical role played by the predominantly female social and community services workforce in delivering essential services to vulnerable individuals, families, and communities across NSW.
“Their work is complex, skilled, and increasingly professionalised, and it is vital that remuneration reflects the skills and experience required in this sector and not subject to ongoing gender undervaluation.”
The ministers said any changes to the Award should not disadvantage workers, should recognise the “diversity of roles and skills” provide clarity and practicality, and be sustainable in their implementation.
In their submission, NSW Council of Social Service chief executive Cara Varian said they were also “deeply concerned” that the proposed changes to the Award would risk cutting pay for workers who were “already undervalued and overstretched”.
“Community services workers are the people supporting the most vulnerable in our communities and they deserve stability and respect, not uncertainty and the threat of lower wages,” Ms Varian said.
