The main points about the government’s proposed new labour laws

1. Extend the 90-day ‘fire-at-will’ legislation to cover all workplaces

What it means for employees

Any employee in their first 90 days of employment can be fired without reason, or for a bad reason.

What it means for TEU members

At this stage it is unclear whether the terms in our TEU collective agreements will protect workers from this new law. If you get a new job check with your branch president or organiser before you sign anything.

2. Personal grievance law changed to favour employers

What it means for employees

The Employment Relations Authority will have the ability to filter out ‘vexatious or frivolous’ claims early on. Behaviour that delays the Authority will be penalised. Employers’ processes will not be the subject of ‘scrutiny’. The Authority will be moving to a more judicial mode of operation, with the right to cross-examine witnesses.

What it means for TEU members

Personal grievances and unjustified dismissals are already extremely expensive for employees that do not belong to a union. These laws will exacerbate that cost. If you do have an employment problem contact your organiser or branch president early on.

3. Employees lose automatic right of access to union officials

What it means for employees

Employees will only be able to have access to their union representatives at their workplace with their employer’s consent.

What it means for TEU members

Employers cannot unreasonably withhold their consent to allow union officials into the workplace but they will be able to slow the process down, frustrate and at times isolate and intimidate union members or potential union members. TEU branches will need to have plans to make sure that the union is visible and effective on their worksite even if and when the organiser is not there.

4. Cashing in your fourth week of annual leave

What it means for employees

Employees will be able to trade one of their four weeks’ annual leave for cash.

This can only happen at the employee’s request and cannot be raised in salary negotiations.

What it means for TEU members

Holidays are an important core condition that unions have campaigned for decades to achieve. They allow workers to spend crucial time with friends and family. It is easier for employers to lower the value of a worker’s salary over time than it is to take away holiday entitlements, which is why some employers want to swap them for cash. You should never consider doing this. Discuss with your organiser if you need further information.

5. Diminished public holiday provisions

What it means for employees

Employers and employees will be able to agree to transfer the observance of public holidays to another working day. Currently public holidays are special days that the majority of workers get to share together for cultural, social or religious reasons. Under the new provisions they will lose their special cultural and social status.

What it means for TEU members

Most tertiary institutions do not expect employees to work on public holidays and most TEU CAs have public holiday protections over and above the proposed new legal minimums. By joining the union and the collective agreement you will help to maintain and protect your public holidays.

6. Doctor’s certificate required for sick leave

What it means for employees

Employers will be able to ask for proof of sickness or injury within three consecutive days of an employee taking sick leave – but they’ll have to cover the employee’s costs in obtaining proof.

What it means for TEU members

Current TEU collective agreement provisions may provide security for TEU members but you should check with your organiser or branch for details. If you are asked to provide a medical certificate check with your organiser. This provision may mean that members are going to have to incur additional cost by going to the doctor unnecessarily to get a medical certificate.