Many local councils in Western Australia are trying to take advantage of the Howard Government's Workchoices legislation.  Here are some of the tricks we have spotted so far: Trick Number 1 - Try to reduce the pay and conditions for new starters

Some Councils seem to think that negotiations are about reducing pay and conditions for "new employees".  They try to make this sound fair, by saying they want to take care of ‘existing employees' and give them a pay rise. But ‘new employees' will get less pay and worse conditions than their colleagues - for doing exactly the same job.

Imagine how you would feel if you accepted a new job, only to find out you get up to 25% less than your colleagues doing exactly the same job and you miss out on a 9 day fortnight and other benefits!?

Does anyone really think this is a good way to build a cooperative and harmonious workplace?  Or is this just cost-cutting and an opportunity to rip off workers hard won conditions?

Trick Number 2 - Try to get workers to agree to a non-union agreement

After years of negotiating collective, union agreements to cover all workers many Councils are now telling us that there has to be a ballot for workers to find out if workers would prefer to have a non union agreement.

We are all for democracy and absolutely believe that workers should have a say in the negotiations which affect their working conditions.

But we do think it's a bit unfair to ask workers three different questions about the kind of agreement workers want when management have decided the two non-union options only need 50% and the one union option needs 75% support!!

Management have tried to say that because there are non union members in the workplace, they have no choice but to have a non union agreement.  This is simply not right - and a union, collective agreement will apply to all employees at the workplace - whether they are union members or not.  Just the same as it always has.

This kind of approach did not work at Mundaring Shire Council depot, where 100% of employees told their employer they wanted a union collective agreement.  Even the few non members at that workplace knew that the best way to protect their conditions was by negotiating a Union Collective Agreement!

Trick Number 3 - Try to intimidate union delegates by threatening them with the sack

Some Councils seem to think that Howard's Workchoices legislation means that union delegates can be threatened with the sack - just for asking some simple questions about changes being proposed in their workplace.

One of our delegates - let's call her Carolyn - was recently told "..if you undertake any action/s in your role as an ASU delegate (as you call it), you are acting on behalf of the ASU and therefore circumventing the law and  probably breeching (sic) your employment contract... Please be informed that any further evidence of you acting on behalf of the ASU may result in serious disciplinary actions being taken against you. "

But the only person who was probably breaking the law was the HR Manager - who seemed to have forgotten that it is still illegal to threaten anyone's employment as a result of them being a union member or delegate. 

Fortunately in this case, once we discussed the issue with the CEO's representatives, he was able to see that delegates provide a legitimate and important role in the workplace.  We are now negotiating with this Council about a written understanding about delegates' rights in the workplace.

Be on the look-out for these dirty tricks! And if you spot any new dirty tricks, please let us know, so we can share them with other members.

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