WYNDHAM lift workers fear their long-term job security could be jeopardised in the wake of the Federal Government’s new industrial relation laws, which came into effect last week.
Employees of US-owned company OTIS have been on shaky ground with the employer for the past five months over negotiations of the Enterprise Bargaining Agreement (EBA).
The employees returned to work on Monday 27 March after three-and-a-half weeks on strike over their EBA demands not being met.
OTIS, the world’s largest manufacturer, installer and maintainer of elevators and escalators, is one of many lift companies presently involved in EBA negotiations.
An estimated 50 per cent of employees in the company’s South Melbourne office live in the Western suburbs.
Wyndham Vale resident and OTIS employee John “Chuck” Parker said he and his fellow union members returned to work last week after they were faced with strike fines under the new IR laws.
“I didn’t want my wife to receive a letter saying we owed thousands of dollars,” he said.
Mr Parker, 50, said OTIS workers took strike action because management had not agreed to their 13.5 per cent pay increase over three years, preferring to offer 2.8 per cent.
“We are not asking for much,” said the father of one.
“Other construction companies are getting up to 15 per cent increases.
“We just want what is fair.”
Mr Parker said workers had been in negotiations with OTIS regarding EBA issues since last October, but the management had been giving them the run-around.
Brendan Whelan, state organiser for the Australian Metal Workers Union (AMWU), said that up to last week, when employees returned to work, the strike action had started to “cripple” OTIS and that progress on the negotiations had been made.
“To OTIS it was all just a waiting game until the legislation came in,” he said.
Mr Whelan said the former goodwill between the union and OTIS had now “disintegrated”.
“It’s very frustrating for the boys who have struggled without pay for three weeks, and then to be told to go back to work is just not right,” he said.
Mark Goodsell, director of the Australian Industry Group, represents major lift companies and spoke on behalf of OTIS.
“Normally EBA bargaining happens every two to three years anyway. It just so happened that this year’s coincided with the IR laws,” he said.
Mr Goodsell said unions knew they would face strike fines before they took action three and a half weeks ago.
“It’s in their political line to have this happen now and blame their current situation on the new laws,” he said.
Now that strike action has ceased, OTIS employees are worried they may face sacking without any reason or notice.
“Blokes are scared, “ Mr Parker said.
“You gotta support your family and it’s just really frightening to think our jobs could be taken away from us.
“All we want is to get home safe to our families and to put a decent meal on the table.”
Under the new IR laws, employees of companies with fewer than 100 staff are no longer allowed to claim unfair dismissal.
Although OTIS’s South Melbourne office employs more than 100 staff, Mr Parker said he fears there could be a time when the IR laws change to allow larger companies exemption from unfair dismissal claims as well.
Zana Bythaway, executive director of employment rights watchdog Job Watch, said there was no doubt some employers had used the new laws to sack workers without fear of legal retribution.
“They know that when there is an unfair dismissal, there will be no consequences,” she said.
Mr Whelan said unions would continue to negotiate with management over the coming months.
