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Legislative Assembly for the ACT: 2003 Week 12 Hansard (19 November) . . Page.. 4293 ..

MS GALLAGHER (continuing):

Of significant concern is the lack of industrial protection for casual workers, and this is largely attributed to the federal workplace relations law. Casual employees have limited protection from unfair dismissal and do not have access to the same conditions of employment as permanent employees. While some of this is reflected in pay loading, it is arguable whether casual employees are being appropriately compensated for the lack of entitlements available to full-time workers. There is a place for genuine casual employment, particularly for those who prefer the higher hourly wages provided through casual loadings to the entitlements that accrue to permanent workers. But there is also a place for casual workers to have genuine choice, a more secure alternative, particularly when they are in reality permanent workers by another name.

The ACT is constitutionally limited in its ability to legislate to protect the working conditions of casual employees, as federal awards and agreements prevail over ACT laws due to the self-government act.

The Australian Industrial Relations Commission makes awards and approves agreements applying in the ACT private sector. These awards and agreements set the base level of entitlements for the majority of ACT private sector casual employees. The Office of Workplace Services in the federal Department of Employment and Workplace Relations is responsible for the delivery of advisory and compliance services in relation to awards and agreements in the ACT.

In order to ensure that employees receive their entitlements, it is often necessary to make workers aware that an entitlement exists in the first place. Unions provide an invaluable service in raising awareness of employment conditions, and the government is committed to promoting union membership. I know from my own experience as a union organiser the challenges that unions face in organising and educating marginalised workers, as many casuals are. This challenge is no less for government. Educating workers, particularly young workers, and employers about their entitlements and responsibilities is a key to ensuring compliance.

The government has established a tripartite Industrial Relations Advisory Committee to consider private sector industrial relations matters. This includes representatives of ACT unions and employer groups. I will ask the committee to consider strategies, which would include but not be limited to education, to raise awareness of award and agreement entitlements for casual workers. The committee, which I chair, will be meeting early next month. In every situation, educating workers about their rights and entitlements produces positive outcomes.

The motion by Mr Hargreaves today goes right to this matter. I think it would be extremely valuable to look at ways that we can ensure that casual workers are aware of their industrial rights, entitlements, but also, importantly, the avenues to pursue if they feel that they have been treated unfairly, no matter how limited these avenues may be.

Ms Tucker, while she acknowledged the government was limited in powers in this area, made a comment about having to look at funding adequately those services to ensure appropriate conditions and entitlements of pay. I have been having discussions with ACTCOSS about how to proceed with this. Daniel Stubbs is the representative on that

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