NEW SACKING LAWS STAMP ON FAMILIES

There is no doubt that Howard?s rotten new work laws make it easier to sack workers. But do workers have any rights under the new system? And what can you do if you are unfairly sacked?

Howard has wasted $55 million on propaganda telling us how good the new system is, but even labour lawyers and legal experts can't agree on how the new laws will work on the ground. So workers are still in the dark. But instead of letting these new laws worry you sick - why not get the facts and get in the Union for protection.

Watchout for 'pig ignorant' bosses
The truth is that your boss probably does not know what is allowed and what is not allowed when it comes to sacking. But many bosses have the false impression that they can get away with anything. One 'cowboy' of a boss in West Heidleberg thought he could sack a worker for 'smirking'. The lesson is call the Union if you job is threatened, because the boss may have still broken the law.

Harsh and hasty work laws could cost your job
The Government's new work laws were written by commercial lawyers with little knowledge of the Australian industrial relations system. This hasty and shabby drafting has given us badly written laws that are full of contradictions.

The new jargon of sacking
You may hear some of the termination terms listed below from your boss. It?s worth watching out for some of these key words in the.legislation... If your boss happens to mutter any of these words then you should call the Union.

'Unlawful Termination'
Unlawful terminations are still against the law but unfair dismissals protection does not exist for most workers. Unlawful terminations are also hard to prove and expensive to prosecute. The difference between unfair and unlawful sackings is so confusing that the Minister for Workplace Relations can't even explain it properly. Lawyers say it may take 10 years before they know what is and is not an unlawful termination. The Government has offered workers a paltry $4,000 to take an illegal termination to court - but these cases usually cost around $30,000 to $40,000. And if you lose you might be up for the boss's costs as well. "The Government expects workers to fight this without a union - if they lose the court case they could lose their house", explains Leo Skourdourmbis.

'Operational reasons' - when big firms can sack workers
Employees in large businesses (over 100 employees) still have unfair dismissal protection but a new clause relating to 'operation matters' means even these workers could be unfairly sacked. The Howard Government's IR laws mean that workers who are made redundant or retrenched due to the 'operational requirements' of a business will not be able to claim unfair dismissal, no matter what size the workplace. But even this clause is very vague in legal terms - so it is important to get the Union in if you hear this sort of talk from your managers.

No more 'unfair dismissal' rights for workers in smaller firms
Under the Howard Government's IR changes unfair dismissal protections have been abolished for all people working in workplaces with fewer than 100 workers. In the furniture, carpet laying and glass industry that means almost all workers have lost this protection.

'Prohibited Content'
It is now illegal for workers or their unions to request that their workplace agreement provides a remedy for unfair dismissal. Workers can be fined up $6,000 just for asking for unfair dismissal protection, even if their employer agrees. Unions can be fined up to $33,000 for the same 'crime'.

The real safe guards that you still have
The main safeguard workers now have is their union membership. If you are not in the Union, or you have workmates who are not in, then make sure you all sign up. Your only protection in this harsh new economic order is the Union. The Union has the resources and knowledge to fight for your rights under the new laws. The workers who will suffer most under the new deal are workers who are not in the Union.

Discrimination is still illegal in Victoria
In Victoria, workers have protection from discrimination. Once again make sure you write down or record any incidents of discrimination. The FFTS has won many cases for workers with sizeable payouts. Whenever possible, the Union will fight to get your job back.

If you are sacked or even threatened with dismissal, you should call the FFTS. Our industrial staff are trained on what is and what is not permitted under the new system. Only by standing together can we hope to defeat these unfair laws.
What you can do if you are unfairly sacked:
1 Call the Union - the new laws are hard for even lawyers to understand. You need the Union's experts to get through the maze. Your boss may not have followed the law.
2 Always note any harsh or unjust treatment or discrimination by your boss. This could help your case.
3 Stick together with fellow workers - explain to fellow workers that, "even if it's not you this time - it could be your head on the block next time."

Your only protection is your Union
The Union will find the best way to take up your fight. The actions we will take include:

• Negotiation with your employer to get your job back
• Negotiation for redundancy, if you are covered by a union EBA
• Media pressure on your employer to re-instate and/or compensate you
• Taking your case up as a discrimination case and fighting for compensation
• Taking the case if it is an 'unlawful termination'
• Mobilising 'community support' for your case

The Howard Government's workplace advocate is clearly there to help bosses. Your Union is your best weapon in all cases. The new laws give all the power to employers - so call the Union first; you can't fight an unfair dismissal on your own.