Hulls At Odds With Federal Labor’s National Employment Standards

Yesterday’s Federal Government release of draft National Employment
Standards further highlights the conflicts between Victorian and Federal
Labor over industrial relations, Shadow Minister for Industrial Relations
Robert Clark said.

“State Industrial Relations Minister Rob Hulls continues to impose flexible
work arrangement obligations on Victorian employers that are at odds with
the standards released by Federal Labor,” Mr Clark said.

The Victorian obligations are imposed by the Equal Opportunity (Family
Responsibilities) Bill, which the government forced through Victoria’s
Upper House last week.

The Victorian legislation imposes a legal liability on employers not to
“unreasonably refuse to accommodate the responsibilities that the employee
has as a parent or carer”.

Obligations that can be imposed on Victorian employers include changing
working hours, letting employees work from home and rescheduling meeting
times.

An employer alleged to have breached those obligations can be taken to the
Victorian Equal Opportunity and Human Rights Commission and to VCAT, and
ordered to pay damages or comply with work arrangements ordered by VCAT.

In contrast, Federal Labor’s proposals only apply to parents of children
under school age, and allow an employer to refuse a request on “reasonable
business grounds”. The discussion paper makes clear that “Whether a
business has reasonable business grounds for refusing a request for
flexible working arrangements will not be subject to third party
involvement under the NES.”

For Victorian Labor to continue with its legislation despite the election
of a Federal Labor government means that, if Federal Labor’s policy comes
into operation, Victorian employers will have to comply with two separate
and inconsistent sets of requirements which will create confusion and costs
for employers and employees alike.

Victoria’s actions are in defiance of Federal Labor’s election promise to
establish a uniform national industrial relations system. In Forward with
Fairness, Federal Labor promised that: Under Labor, whether employees are
working in Bundaberg, Bright or Bunbury the same system of laws will apply.

By Victorian Labor persisting with its own set of laws, Victorian employers
will be liable to be taken to VEOHRC and VCAT and ordered to pay
compensation or comply with onerous tribunal orders, despite fully
complying with Federal Labor’s industrial relations requirements.

Hulls’ actions demonstrate the industrial relations turmoil and complexity
that Australians are likely to face in coming years under wall-to-wall
Labor governments, as each government seeks its own ways of pandering to
its union mates, regardless of the effects on employment, inflation and
true workplace flexibility for working families.