Howard Barges Into Workplace

The Howard Government has given itself the right to veto negotiated conditions under legislation it says will get third parties out of Australian workplaces.

Legal experts say the new Act will empower the Minister to disallow sick leave, notice provisions, redundancy pay and a host of other conditions in AWAs, collective agreements and State awards, without reference to Parliament.

The powers lie in obscure 'Henry VIII' clauses that give the Minister the power to change the legislation by regulation.

The Henry VIII clauses are scattered through the Bill, but the most alarming example gives the Minister for Workplace Relations power to over-ride the will of contracting parties with the stroke of a pen.

"He can just decide he doesn't like them," says barrister Adam Searle.

Legal experts fear the Government is keen to use the new power to scratch provisions he thinks are too generous

"The Government has been waiting for years to be able to cut back employees' work conditions in such a way," says barrister David Chin.

'The first attempt to use regulations in such a way was in July 1997, " he says, adding the only reason Government failed on that occasion was that, unlike now, it did not control the Senate.

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