State and Territory Governments to intervene in AIRC appeal proceedings

28/12/94

Western Australia will join five State and Territory Governments to intervene in next month's appeal proceedings before the Australian Industrial Relations Commission (AIRC) over the recent decision requiring non-unionised businesses to negotiate with unions.

Labour Relations Minister Graham Kierath said the joint action was an unprecedented display of opposition to the AIRC's December 19 decision by the WA, Victorian, NSW, South Australian, Tasmanian and Northern Territory Governments and stemmed from fears that the decision was set to cause chaos in the Federal industrial relations system.

Mr Kierath said the AIRC decision, which ordered a Sydney-based engineering company, Asahi Australia, to negotiate with the Automotive, Food, Metals and Engineering Union of Australia (AFMEU) even though the union had no members at the company, wrongly intruded into the non-unionised business sector.

"The AIRC decision is in error at law, heralds a dangerous new era of union-based regulation of the workplace and must be struck out," the Minister said.

"The decision threatens to ignite workplace confrontation at a time in the economic recovery when employers and employees should be working as closely as possible to lock in productivity gains and drive jobs growth."

The State and Territory Governments planned to seek leave in common to intervene in next month's AIRC appeal hearings to support the submissions of the Metals Trade Industry Association (MTIA), the peak employer body which represented Asahi Australia.

"The MTIA warrants the support of every level of government and every employer and community organisation with an interest in a sensible approach to industrial relations," Mr Kierath said.

"We stand for the traditional right of employers and employees in the non-union sector to devise their own workplace arrangements.

"This is especially so for the small business sector, which is the key to recovery."

Mr Kierath said that by breaking with past practice and presenting a joint submission to the AIRC, State and Territory Governments hoped to alert the Full Bench to the gravity of the issues before it.

He also called on Federal Industrial Relations Minister Laurie Brereton to join their common stance in opposition to the AIRC decision and initiate a full-scale review of the Federal Act, as sought by employer groups such as the Australian Chamber of Commerce and Industry.

"The Federal Minister has publicly repudiated the decision and stated it is wrong at law.  He now has an opportunity to stand by his words," Mr Kierath said.

Media contact:  Brian Coulter 222 9595 / 481 2133