The right to strike, this was the question put forward as part of the first Politics in the Pub on Monday night.
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Despite party points of difference, panelists Rail, Train and Bus Union (RTBU) Alex Claassens, Goulburn National Party representative James Harker-Mortlock and Greens member of parliament David Shoebridge agreed an employer’s right to strike was fundamental for democracy.
Legislative loopholes by the Fair Work Commission (FWC) was criticised by all three, with Mr Shoebridge distilling it down to “a nasty combination of state and federal laws”.
Mr Claassens, an integral figure in negotiating strike agreements for Sydney and NSW train workers, is currently on suspension following the FWC’s backtrack on industrial strike action recently.
“Sydney and NSW train workers are living proof the rules in Australia are broken and that the right to strike has been stripped away from workers,” he said.
“For months, we sat in a room with management, armed with key conditions workers told us were important to them, pouring over the details of the enterprise agreement. Every meeting we went to, we went prepared and willing to negotiate in good faith.
“The union team acted in good faith the whole way, the government and management stonewalled all attempts to reach an agreement, and yet the Fair Work Commission ruled that we needed to pause our action.”
In Australia, industrial laws prevent a right to strike but supports a more general provision for industrial action.
Both employees and employers can gain approval from Fair Work Australia for protected action – the employees to withdraw labour, and employers to lock out employees who have taken industrial action.
However Mr Shoebridge described the right to strike as “limited”, criticising the Labor and Liberal government for failing to accept an amendment to the legislation put forward by the Greens in 2007.
“This is a fundamental right that has been eroded.. it has been eroded left, right and centre,” he said, calling for urgent change.
Nationals Mr Harker-Mortlock stressed with rights comes responsibilities, speaking of difficulties on small to medium size businesses involved in strike action.
“The real democracy is in between elections. Government is responsible for protecting the freedom of expression,” he said.
“Not too understate the position of unions, but common sense is the middle line.”