The bargaining fees bill before federal parliament is expected to be defeated after Senate amendments introduced today retained elements which the government is trying to outlaw.
The
Workplace Relations (Genuine Bargaining) Bill centres on the right of unions to charge fees equivalent to union membership to non-union workers and was introduced by Workplace Relations Minister Tony Abbott as part of a raft of industrial relations reforms.
Amendments passed by the Senate today allow employees to vote on whether to include the fees, which have been described as "unionism by stealth" by employer groups, in enterprise agreements.
Recent court challenges have rejected claims the fees defy the freedom of association provisions of the
Workplace Relations Act 1996, with the Australian Industry Group launching an appeal against the latest
decision.
The amendments are:
- before bargaining starts, employees are advised that a bargaining fee will be sought in the agreement
- the fee is clearly explained in writing to employees in advance – including details of the amount payable, the method and timing of payment and the services to be provided in return
- the clause of the agreement containing the bargaining fee is genuinely agreed to by a valid majority of employees, in addition to the other terms of the agreement
- the fee applies on a pro rata basis to new employees who are employed after the agreement has been voted on.
Shadow Workplace Relations Minister Robert McClelland says the Bill looks "doomed".