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PM refuses
to guarantee new parent leave
Millions
of Australian workers have won the right to ask for extra parental leave, but
the victory could be short-lived with the Howard government refusing to
guarantee the leave provisions will be enshrined in its new workplace laws.
In what
could be the last test case it ever hears, the Australian Industrial Relations
Commission (AIRC) yesterday granted 1.6 million workers on federal awards the
right to ask for part-time employment until their children go to school.
The
workers also won the right to seek an extension of unpaid parental leave from 12
months to 24 months, and 10 days' leave each year to care for sick family
members.
But Prime
Minister John Howard said last night the decision did not mean workers
automatically had the right to take up to two years of parental leave.
Employers
did not have to grant the leave, he said
"What the
industrial relations commission did today was to confer upon employees under
awards the right to ask for those things - they didn't confer those things
unconditionally, what the IRC said was you can ask for those things and an
employer is only obliged to give them if he is able to do so and it doesn't
result in inefficiencies or unreasonable costs."
Opposition
leader Kim Beazley today urged the government to honour the landmark ruling. He
told a rally against the government's industrial changes in Canberra that Prime
Minister John Howard should support the decision.
"This
would be ... a great start for Australian families but John Howard intends to
knobble them at the very start of a decent outcome that will in the long run
make things easier for Australian families, he's got a chance here to reverse
(his) course. He's got a chance to say, very firmly, I believe in what the IRC
has decided and I'll ensure that my legislation permits it to stick."
Employers
can refuse workers' requests on grounds related to the effect on the workplace
or their business due to lack of replacement staff, loss of efficiency and the
impact on customer service.
Workplace
Relations Minister Kevin Andrews said the government would consider the
conditions granted by the AIRC, but he would not say whether they would be added
to the minimum conditions to be part of new workplace laws expected in October.
Sitting in
Melbourne today, the full bench of the AIRC handed down a cautious decision on
the new family provisions sought by the ACTU after a test case that began in
June 2003.
It said
there should be greater flexibility in awards for workers to request leave and
conditions to suit their family responsibilities.
The
decision affects all workers on federal awards plus many more whose conditions
are underpinned by awards.
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