ACCI

ACCI/NFF Final Submission - November 2004

Folder 1

Introduction

1.

Summary of Core Contentions

2.

Introduction

   

Framework for consideration

3.

Framework for consideration

   

Core considerations

4.

Ambit

5.

Logs of claims

6.

Childcare

7.

International material

8.

Irrelevance of discrimination law

   

Costs, Economics and Labour Market

9.

There is no market failure

10.

Why the ACTU costing must be rejected

11.

Exaggerated benefits to employers

12.

Employment, fertility and other purported benefits

   

Folder 2

Working Time / Working Location

1.

ACTU Hours & Place Of Work Claim

2.

ACTU Hours Claim - What The Evidence Shows

3.

ACTU Claim - Varying place of work

4.

ACCI/NFF Proposals - General Observations

5.

ACCI/NFF Proposals - Working Time

 

(Including RDOs, Make up time and Time off in lieu)

   

Parental Leave

6.

ACTU Claim - Parental and Child Rearing Leave

7.

ACTU Claim - Simultaneous leave for fathers

8.

ACTU Claim - Additional consultation obligations

   

Part Time and Casual Work

9.

ACTU Claim - Guaranteed part time work

10.

ACCI/NFF Proposals - Part time and casual work

   

Purchased Leave

11.

Purchased and Unpaid leave

 

Leave

12.

ACCI/NFF Proposal - Annual Leave Loading

13.

ACCI/NFF Proposal - Annual Leave Carry Forward

14.

ACCI/NFF Proposal - Annual Leave Single Day Use

15.

ACCI/NFF Proposal - Long Service Leave

   

Witness Evidence

16.

Employee Witness Evidence

17.

Employer Witness Evidence

ACCI - Miscellaneous - September 2004

   

3/9/04

AW806816 Hairdressing and Beauty Services - Victoria - Award 2001

2/9/04

Fragmented Futures: New Challenges in Working Life. Watson, Buchanan, Campbell & Briggs

2/9/04

Changes at Work: The 1995 Australian Workplace Industrial Relations Survey. Morehead, Steele, Alexander, Stephen & Duffin

2/9/04

Overworked Individuals or Overworked Families? Jacobs and Gerson

2/9/04

Reasonable Overtime - Clause from Hospitality Award

2/9/04

Table 3.10: Employment status, by type of work, of couples with children, 1981-2000. Source: Derived from Burbridge and Sheehan 2001, 128.

2/9/04

Unemployment and Re-employment of Displaced Workers. Staff Research Paper, Productivity Commission, Greg Murtough, Matthew Waite

2/9/04

Extract from Working Time Decision (PR072002 pp29-30)

2/9/04

AWA Employee Attitude Survey. Office of the Employment Advocate, September 2001, Paul Gollan

Additional Witness Statement - Coles Myer - 26 July 2004

Additional Witness Statement - Judy Barnesby

Attachments to Additional Witness Statement

Appendix A - Coles Retail Agreement

Appendix B - Myer Grace Bros Agreement

Appendix C - Target Retail Agreement

Second Submission - 2 July 2004

Index

Part A

 

1

Introduction

2

Framework for consideration

Part B

 

3

The costs of the claims

4

Exaggerating benefits to business

Part C

 

5

Is there ambit for each ACTU claim?

6

International comparisons

7

International standards

8

Relevance of discrimination law

9

ACTU's generalised contentions

Part D

 

10

Doubling parental leave

11

Part time return to work after parental leave

12

Varying hours of work

13

Varying place of work

14

Purchased leave

15

Simultaneous parental leave for fathers

16

Communication during parental leave

Part E

 

17

States and Territories contentions

18

Witness Evidence

Attachments - July 2004

A

Victorian Clerical Award - Log of claims

B

Graphic Arts Award - Log of claims

C

Storage Services Award - Log of claims

D

ACT Shops Award - Log of claims

E

Victorian retail industry - Log of claims

F

State OHS Guidance materials on working from home

 

NSW; NT; QLD; WA

G

McClay (1998)

The Development of Work-At-Home Safety Programs

H

Tassie (1997)

Home based workers at Risk: Outworkers and OHS Safety Science

I

Iverson & Roy (1994)

A Casual Model of Behavioural Commitment

J

Iles et al (1990)

HRM Practices and Employee Commitment, Possibilities, Pitfalls and Paradoxes

K

DTI (UK)

Flexible Working: The Right to Request and the Duty to Consider - A guide for employers and employees

L

OECD

Country Report Australia (2003)

M

Gray et al (2002)

Determinants of Australian Mothers' Employment

N

Schmidt (2001)

The Right to Part Time Work Under German Law

O

Treib (2004)

The First EU Social Partner Agreement In Practice

P

VandenHeuvel

When Roles Overlap(Extract)

Q

Minister for Family and Community Services

Media Release, 11 May 2004

R

Toohey & Beer (2003)

Is it worth working now?

W

Witness statements:

 

a.

Alex Allars

 

b.

Judy Barnesby

 

c.

Michael Best

 

d.

John Byrne

 

e.

Patricia Clifford

 

f.

Margaret Porritt

 

g.

Toni Riley

 

h.

Neil Shankly

 

i.

Adam Stevens

 

j.

Suzie White

 

(This appendix of statements will be replaced when signed statements become available, and the replacement will be numbered throughout).

First Submission - 30 April 2004

Index - Vol I

1

Introduction - Work and Family In Contemporary Australia

2

Work and Family Regulation

3

The ACCI / NFF Application

4

Single Day Annual Leave

5

Annual Leave - Carry Forward

6

Extended Annual Leave

7

Leave Loading Flexibility

8

Long Service Leave Flexibility

9

Time Off In Lieu

10

Make Up Time

11

RDO Flexibility

12

Hours of Work Flexibility

13

Part Time and Casual Work Flexibility

14

Revised ACCI/NFF Work and Family Application

A

Witness Statement A - A. Allars

B

Witness Statement B - J. Hargrave

C

Witness Statement C - G. Blyth

Index - Vol II

1

Burgess, J., Sullivan, A. and Strachan, G. (2002) "Long Service Leave in Australia: Rationale, Application and Policy Issues", Labour and Industry, Vol.13, No.1

2

Dawkins, P. (1985), `Penalty Rates and the Review of the Principles', Australian Bulletin of Labour, 11 (3), June, 178-187.

3

Denniss, R. (2003) `Annual leave in Australia: An analysis of entitlements, usage and preferences', The Australia Institute - Discussion Paper Number 56

4

Drago, R., Scutella, R., and Varner, A. (2002) "Work and Family Directions in the US and Australia: A Policy Research Agenda." Melbourne Institute Working Paper No. 12/02

5

Glezer, H. and Wolcott, I. (1997) "Work and family values, preferences and practice", Australian Family Briefing, Australian Institute Of Family Studies, No.4, September 1997

6

Kelly, R., Plowman, D., and Watson, R. (2002) "Flexibility In Annual Leave Loadings", Centre for Labour Market Research Discussion Paper

7

Venn, D. (2003) "Coordinating work and family - Evidence from the Australian Time Use Survey", Paper presented at the Australian Institute of Family Studies Conference, Melbourne, 12-14 February 2003

8

AIRC (1995) Personal / Carers' Leave Test Case - Stage 2 [Print M6700]

9

ABS (2004) Australian Social Trends - Balancing Family and Work

10

ABS (2001) Working Arrangements Australia - November 2000, Cat 6342.0

11

ACIRRT (2002), Examination of Queensland and Federal enterprise agreements.

12

Australian Institute of Health and Welfare (2000) "Disability and ageing - Australian population patterns and implications"

13

Department Of Employment And Workplace Relations (2003) Annual Report 2002-03 - Extract Outcome 2

14

Department Of Immigration And Multicultural And Indigenous Affairs (2004) "Population Projections", - Fact Sheet #15

15

Labour Ministers Council (1999) Flexibility in Long Service Leave - Research Paper

16

OCPE (2004) Part Time Work - Flexible Work Practices Brochure 4

17

OECD (2002) Babies and Bosses: Reconciling Work And Family Life - Extract Chapter 6.

18

State and Territory Governments (2004) Long Service Leave In Australia: Towards A National Minimum Standard - Discussion Paper

19

Wagenet (2004) Top 100 Federal Awards

Preliminary Submission