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Government breaks accord Mark VII



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17

MEDIA STATEMENT Philip Ruddock MP Federal Member for Berowra Shadow Minister for Social Security

Electorate Tel: (02) 482 7111 Fax: (02) 482 7018

Parliament House Tel: (06) 277 4206 Fax: (06) 277 4178

GOVERNMENT BREAKS ACCORD MARK VII

Accord Mark VII is a commitment by the Government to the ACTU and its members. The Accord includes a promise for a Maternity Allowance "in the spirit of the ILO Convention"

The modified allowance Martin Ferguson is prepared to accept on behalf of the ACTU is clearly not "in the spirit of the ILO Convention" and should not be portrayed as such. A $800 means tested payment falls well short of the promises of the Government for payments totalling at least $1,800.

Mr Philip Ruddock Shadow Minister for Social Security and Seniors has commented that: "Mr Keating is again prepared to break a promise, reaffirming that he cannot be trusted."

2 May 1995

Philip Ruddock MP

Contact:(02) 925 3911 #25589

COMMONWEALTH PARLIAMENTARY LIBRARY

AGREEMENT BETWEEN THE FEDERAL LABOR GOVERNM ENT AND THE AUSTRALIAN COUNCIL OF TRADE UNIONS REGARDLN'G CONTINUING IM PLEM ENTATION OF ACCORD M ARK 7 -

"PUTTING JOBS FIR ST”

Canberra, 1 June 1994

The Accord partners hereby reiterate and reaffirm their shared commitment to promoting sustainable job growth and substantially reducing unemployment.

Accord Mark 7 - "Putting Jobs First" - was agreed in February 1993, to apply for the period 1993-1996 upon re-election of the Labor Government.

In the Accord tradition "Putting Jobs First" is a comprehensive approach to economic and social policy, based on co-operation not conflict. Its basic objectives are:

to increase employment by a minimum 500,000 net additional jobs over three years,

to maintain low levels of inflation,

. to continue the devolution o f wage fixation by encouraging bargaining at industry and workplace levels involving employees and their unions,

. to ensure that all workers are protected by a safety net o f minimum award wages and conditions and have access to arbitration;

. to provide access to arbitrated safety net award adjustments;

to increase living standards over time through:

- increases in real wages associated with improving productivity and implementing flexibility at industry and workplace levels consistent with the objective of low inflation;

- further improvements in the social wage, including substantial tax cuts, child care improvements, education and training,

. to provide a solid foundation for a long term retirement policy by improving the level o f employer provided superannuation support in line with the SGC schedule;

. to continue the process of increasing equity in pay and conditions o f employment for women workers;

. to give further consideration to measures designed to assist workers with family responsibilities

( ; m i ·

2

Accord Mark 7 commits the Labor Government to "gearing the policy instruments at its disposal towards achieving a minimum of 500,000 net additional jobs" over the three years to 1996. The ACTU considers that the Working Nation package, together with the federal Budget, fully reflects that commitment.

With more than 230,000 additional jobs created since February 1993, the Accord partners agree that the recovery is on track to surpass the minimum target of 500,000 additional jobs.

Moreover, the Training Wage Award, combined with the White Paper package, will enable Australia to attack directly that hard-core problem o f long-term unemployment in a uniquely Australian way, improving equity in the community and efficiency in the national economy.

Accord Mark 7 commits the union movement to work towards "wage outcomes which are consistent with Australia maintaining an inflation rate comparable with those of our major trading partners". The Labor Government considers that the track record of low inflation rates achieved in Australia in the early 1990s fully reflects that commitment.

The Accord partners agree that the 1990s must cement low inflation as a feature of the Australian economy.

Workplace bargaining is proceeding consistent with the broad Accord framework subject to the effective safety net provided uniquely in Australia by the award system.

The first safety net wage increase contemplated in Accord Mark 7 has been achieved, albeit not in the agreed form. The parties remain committed to the process as agreed in Accord Mark 7, and will support access to the Accord Safety Net Adjustments (including the first) for all groups unable to reach an enterprise agreement, recognising there shall be no double counting.

It is appropriate, in view o f the continuing economic recovery and continuing achievement of the Accord's key objectives, that the quantum of the second and third Safety Net Wage Adjustments now be agreed between the parties, so the matter can be progressed expeditiously through the Australian Industrial Relations Commission.

The Labor Government has proposed, and the ACTU has agreed, that a package involving the two remaining Safety Net Adjustments should, in this International Year of the Family, also incorporate consideration of direct assistance to workers with family responsibilities.

Such an initiative is envisaged and embraced by Accord Mark 7's key objectives. It complements and builds upon other initiatives, namely the significant increase in payments to low income families and in the number of child care places; the child care rebate which recognises that the cost o f child care as an expense in earning an income; and the Home Child Care Allowance and Parenting Allowance which redirect assistance to parents caring for children at home.

US 4 7

3

In agreeing to consider initiatives to directly assist workers with family responsibilities as part o f an Accord package, the Government sought the unions' agreement to Safety Net Adjustments less than the maximum contemplated in Accord Mark 7. In view of the low inflation outlook, the ACTU has agreed.

Accordingly:

(1) The Accord partners will support before the AIRC second and third Safety Net Wage Adjustments of $8.00 per week not before 1 July 1994 and 1 July 1995 respectively, to be applied (consistent with the Accord framework) where agreement at enterprise level is not achievable in line with the processes set out in Accord Mark 7, at paragraphs 5.10 -5.13;

(2) there should be a minimum period o f 6 months between the first and second safety net adjustments and a minimum period o f 12 months between the second and third safety net adjustments;

I (3) for next year's Budget, the Government will have further negotiations with the I ACTU about ways to assist families, and in that context give consideration to I introducing a maternity allowance paid through the Social Security system, in I the spirit o f Π .0 Convention 103 (Maternity Protection).

This is a landmark Agreement in the Accord mould which provides a sure foundation for a sustained low inflation recovery in which the essential and characteristic Australian concerns for social equity remain in the policy mainstream.

G h Ί 8

International Labour Organisation

International

Labour Conventions and Recommendations

1919-1991

Volume l

International Labour Office Geneva

Convention concerning Maternity Protection (Revised 1952)

The General Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the Interna­ tional Labour Office, and having met in its Thirty-fifth Session on 4 June 1952, and Having decided upon the adoption of certain proposals with regard to ma­

ternity protection, which is the seventh item on the agenda of the ses­ sion, and Having determined that these proposals shall take the form of an interna­ tional Convention, adopts this twenty-eighth day of June of the year one thousand nine hundred and fifty.two, the following Convention, which may be cited as the Maternitv Protection Convention (Revised), 1952. '

Article I

1. This Convention applies to women employed iri industrial undertakings and in non-industrial and agriculture occupations, including women wage earners working at home.

2. For the purpose of this Convention, the term “industrial undertaking" comprises public and private undertakings and any branch thereof and includes particularly -fa) mines, quarries, and other works for the extraction of minerals from the

earth;

fb) undertakings in which articles arc manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including undertakings engaged in shipbuilding, or in the generation, transformation or transmission of elec­

tricity or motive power of any kind; fc) undertakings engaged in building and civil engineering work, including constructional, repair, maintenance, alteration and demolition work; fd) undertakings engaged in the transport of passengers or goods by road, rail,

sea, inland waterway or air, including the handling of goods at docks, quays, wharves, warehouses or airports. *

3. For the purpose of this Convention, the term "non-industrial occupa­ tions" includes all occupations which are carried on in or in connection with the following undertakings or services, whether public or private:

1 Dale of coming inlo force; 7 September 19SS.

«4«*Μ βΙ ON 08 '94

, b / l l |

MATERNITY PROTECTION (REVISED). 1952 C. 103

(a) com m ercial e stab lish m en ts,

! bj p o stal a n d telec o m m u n ic a tio n services,

(cj estab lish m en ts a n d a d m in istrativ e services in w hich th e p erso n s em ployed arc m ainly engaged in clerical work;

I'd) new sp ap er u n d ertak in g s;

( ej hotels, b o a rd in g houses, restau ran ts, clubs, cafes and o th e r refresh m en t

houses;

if ) estab lish m en ts fo r th e tre a tm e n t and care o f th e sick, infirm o r d e stitu te

and o f o rp h an s;

'g y th e a tre s a n d p laces o f pu b lic e n tertain m en t,

<Ί\) dom estic w o rk for w ages in private h o u seh o ld s; a n d an y o th e r n o n ­

in d u strial o c c u p a tio n s to w hich the co m p e te n t a u th o rity m ay decide to a p ­ ply the pro v isio n s o f th e C o n v en tio n

4. F o r the p u rp o se o f this C o n v en tio n , th e te rm "a g ric u ltu ra l o c c u p a tio n s ” includes all o c c u p a tio n s carried o n in ag ricu ltu ral u n d ertak in g s, in clu d in g p la n ­ ta tio n s an d large-scale in d ustrialised ag ricu ltu ral u n d ertak in g s.

5. In an y case in w hich it is d o u b tfu l w h e th e r th is C o n v e n tio n ap plies to

an u n d ertak in g , b ra n c h o f an u n d ertak in g o r o c c u p a tio n , th e q u e stio n shall be

determ ined by th e c o m p e te n t a u th o rity after c o n su lta tio n w ith th e re p re se n ­

tative o rg an isatio n s o f em ployers and w orkers co n cern ed w here such exist.

6. N a tio n a l law s or reg u latio n s m ay ex em p t fro m th e a p p lic a tio n o f this

C o n v e n tio n u n d e rta k in g s in w hich only m em bers o f th e em p lo y er's fam ily, as defined by n a tio n a l law s o r reg u latio n s, are em ployed.

Article 2

F o r th e p u rp o se o f this C o n v en tio n , th e term "w o m a n " m ean s an y fem ale

perso n , irrespective o f age, n atio n ality , race o r creed, w h eth er m arried or u n ­

m arried, an d the te rm “ c h ild ” m eans any child w h e th e r b o rn o f m arriag e or n o t.

Article 3

1. Λ w o m an to w hom this C o n v en tio n ap p lies shall, on th e p ro d u c tio n o f

a m edical certificate sta tin g th e presum ed d a te o f h er co n fin em en t, be en title d to a period o f m a te rn ity leave.

2. The period o f m a te rn ity leave shall be a t least twelve w eeks, a n d shall

include a period o f co m p u lso ry leave after confinem ent.

3. T he perio d o f co m p u lso ry leave after co n fin em en t shall be p rescribed by n a tio n al laws or reg u latio n s, b u t shall in no case be less th a n six w eeks; the

rem ain d er o f the to ta l perio d o f m atern ity leave m ay be pro v id ed before th e p re ­ sum ed date o f c o n fin em en t or follow ing e x p iratio n o f th e c o m p u lso ry leave p e ­ riod or partly before th e presum ed d ate o f co n fin em en t a n d p a rtly follow ing the ex piration o f the co m p u lso ry leave period as m ay be prescribed by n a tio n a l laws

or regulations.

571

t

C. 103 MATERNITY PROTECTION (REVISED), |SS2

4. T he leave before th e presu m ed d a te o f co n fin em en t shall be extended by an y period elapsing betw een the p resu m ed d a te o f co n finem ent and the actual

d a te o f co n fin em en t an d the p erio d o f c o m p u lso ry leave to be taken a fte r co n ­

fin em en t shall n o t be reduced on th a t a c c o u n t.

5. In case o f illness m edically certified arising o u t o f p reg n an cy , n atio n al

law s o r reg u latio n s shall provide for ad d itio n a l leave before confinem ent, the

m ax im u m d u ra tio n o f w hich m ay be fixed b y th e co m p e te n t au th o rity .

6. In case o f illness m edically certified arising o u t o f co n finem ent, the

w o m an shall be entitled to an ex ten sio n o f the leave after co n finem ent, th e m ax ­ im um d u ra tio n o f w hich m ay be fixed by th e c o m p e te n t au th o rity .

Article 4

1. W hile ab sen t from w ork on m a te rn ity leave in acco rd an ce with th e p ro ­ visions o f A rticle 3, th e w o m an shall be en titled to receive cash and m edical

benefits,

2. T he rates o f cash benefit shall b e fixed by n a tio n a l laws or reg u latio n s

so as to ensure benefits sufficient fo r th e full a n d h ea lth y m ain ten an ce o f herself a n d h er child in acco rd an ce w ith a su ita b le sta n d a rd o f living.

3. M edical benefits shall include p re -n a ta l, co n fin em en t an d p o st-n a ta l care by qualified m idwives o r m edical p ra c titio n e rs as well as h o sp ita lisa tio n care

w here necessary; freed o m o f ch oice o f d o c to r a n d freedom o f choice betw een a p u blic a n d priv ate h o sp ita l shall b e respected.

4. T he cash and m edical benefits sh all be p ro v id ed eith er by m eans o f c o m ­ p u lso ry social in su ran ce o r by m ean s o f p u b lic funds; in eith er case they shall be p ro v id ed as a m a tte r o f rig h t to all w o m en w ho co m p ly w ith the prescribed c o n ­ ditions.

5. W om en w ho fail to qualify fo r benefits pro v id ed as a m a tte r o f right

shall be en titled , su b ject to th e m eans te s t req u ired fo r social assistance, to a d e ­ q u a te benefits o u t o f social assistan ce funds,

6. W here cash benefits pro v id ed u n d e r co m p u lso ry social in su ran ce are

b ased on previous earn in g s, th ey shall b e a t a ra te o f n o t less th a n tw o -th ird s o f

the w o m an 's previous earn in g s ta k e n in to a c c o u n t fo r th e p u rp o se o f co m p u tin g benefits.

7. A n y c o n trib u tio n due u n d er a co m p u lso ry social insu ran ce schem e p r o ­ viding m atern ity benefits an d any tax b a se d u p o n payrolls w hich is raised for

th e p u rp o se o f providing such benefits shall, w h e th e r paid b o th by the em ployer a n d the em ployees or by the em ployer, be p a id in resp ect o f th e to ta l n u m b er o f

m en a n d w om en em ployed by the u n d e rta k in g s co n cerned, w ith o u t distin ctio n o f sex.

S. In n o case shall th e em ployer b e individually liable for the cost o f such

b enefits due to w om en em ployed by him .

Article 5

1. I f a w om an is n u rsin g her child she shall be en titled to in te rru p t her

w o rk for this p u rp o se a t a tim e or tim es to be p rescribed by n atio n a l laws or

reg u latio n s.

572

2. In te rru p tio n s o f w ork fo r the p u rp o se o f n u rsin g are to be c o u n te d as

w orking h o u rs and re m u n e ra ted accordingly in cases in w hich th e m a tte r is gov­ erned by o r in ac c o rd a n ce w ith law s and reg u latio n s; in cases in w hich th e m a t­ ter is governed by collective agreem ent, the p o sitio n shall be as d eterm in ed by the relevant agreem ent.

Article 6 I

W hile a w o m an is a b se n t from w ork on m a te rn ity leave in acco rd an ce w ith th e provisions o f A rticle 3 o f this C o n v en tio n , it shall n o t be law ful for her em ­

ployer to give her no tice o f dism issal during such ab sen ce, o r to give h e r n o tice

o f dism issal a t such a tim e th a t th e notice w ould expire d u rin g such absence.

Article 7 i

1. A ny M em ber o f th e In te rn a tio n a l L a b o u r O rg a n isa tio n w hich ratifies ·

this C o n v en tio n m ay, by a declaratio n acco m p an y in g its ra tific a tio n , p ro v id e fo r |

exceptions fro m th e a p p lic a tio n o f the C o n v e n tio n in resp ect o f - '

( aj certain categories o f n o n -in d u strial o ccu p atio n s; 1

( b) o ccu p atio n s carried on in ag ricu ltu ral u n d ertak in g s, o th e r th a n p la n ta tio n s; j

(O dom estic w ork for w ages in private ho u seh o ld s; I

fd j w om en w age earn ers w orking at hom e; !

f e> und ertak in g s engaged in the tra n sp o rt o f p assen g ers o r goods by sea.

2. T he categories o f o ccu p atio n s or u n d ertak in g s in respect o f w hich the

M em ber pro p o ses to have recourse to th e pro v isio n s o f p a ra g ra p h 1 o f this A r ­ ticle shall be specified in th e declaratio n a c co m p an y in g its ratification-3. A ny M em ber w hich has m ade such a d e c la ra tio n m ay a t any tim e cancel th at declaratio n , in w hole o r in p art, by a su b seq u en t d eclaratio n .

A. Every M em b er fo r w hich a declaratio n m ad e u n d e r p a ra g ra p h 1 o f this

A rticle is in force shall indicate each y ear in its an n u a l re p o rt u p o n th e a p p lic a ­

tion o f this C o n v en tio n the p o sitio n o f its law an d p ractice in resp ect o f th e ·

occu p atio n s or u n d ertak in g s to w hich p a ra g ra p h I o f th is A rticle applies in vir- .

tuc o f th e said d eclaratio n and th e ex ten t to w hich effect h as been given or is j

pro p o sed to be given to the C o n v en tio n in resp ect o f such o c c u p a tio n s o r i

undertakings.

5. A t the ex p iratio n o f five years from the first en try in to force o f this

C o n v en tio n , th e G o v ern in g Body o f th e In te rn a tio n a l L a b o u r C ilice shall s u b ­ mit to the C onference a special re p o rt co n cern in g th e a p p lic a tio n o f these ex­

ceptions, co n taining such p ro p o sals as it m ay th in k a p p ro p ria te for fu rth e r

action in regard to the m atter.

* * s

A rt ic le s S. 9. 12-17: S ta n d a rd final provisions.

I

C. 103 MATERNITY PROTECTION (REVISED), 1952

Articles 10 and 11: Declarations of application to non-metropolitan territo. ries.3

3 See Appendix !l.