New figures from Fair Work Australian have revealed a surge in the levels of strike applications lodged by unions under the new Fair Work industrial relations regime, raising questions about whether the Rudd Government’s new IR system is leading to an increase in industrial unrest.
The figures, revealed by Fair Work Australia deputy Commissioner Brendan McCarthy in a speech in Perth yesterday, show 711 applications for protected action orders have been lodged by unions since the new IR regime came into effect on July 1, compared with 222 for the same period in 2008-09.
While not all applications lead to strikes, workplace lawyer Peter Vitale from CCI Lawyers says the increase is a result of the unions’ more aggressive tactics under Fair Work and also the effectiveness of prosecutions against union members for illegal strikes.
“I think there’s no question that unions in the last 12 months have adopted a certain confidence about being more militant,” Vitale says.
“But unions are almost certainly being more carefully about ensuring that any industrial action is protected from legal action.”
McCarthy told The Australian that the data may show unions are becoming better at using protection orders to force employers to negotiate more seriously.
McCarthy also revealed a sharp rise in the number of unfair dismissal claims made to Fair Work. Since 1 July 2009, 7437 applications have been lodged compared to 4924 in the previous corresponding period.
Vitale says the jump in unfair dismissal claims is not surprising, given unions are keen to test the new laws and the fact that thousands of employers in businesses with between 20 and 100 staff can now lodge claims.
“The reality is that since 1 July the jurisdiction has been opened up to an enormous number of people that didn’t have access.”
James was the editor and publisher of SmartCompany and LeadingCompany for five years. He is now the Australian Financial Review‘s companies & markets editor, and a former BRW editor.
