SA Unions
SA Unions - Home SA Unions - Home SA Unions - Search SA Unions - Links

SA Unions


    WORKCOVER VERDICT - STILL BAD FOR WORKERS
    THE VERDICT

    2 April 2008


    AMENDMENTS WORKERS EMPLOYERS
    GOOD ** **
    BAD ******* -
     
    AMENDMENT IMPLICATIONS  
    Reduce weekly payments to 90% of salary after 13 weeks and then 80% after 26 weeks Reduction in pay for workers who are injured puts them under financial stress during their recovery.  On many occasions it is not the injured workers fault that they may not be back at work after 13 weeks.  A worker in minimum pay would still be earning lower than the national minimum wage.
    Verdict - bad for injured workers
     
    Allocating $15 million for a return to work refund This is not new (it is one of the Clayton recommendations) and is not what the unions have asked for which was a discreet fund for retraining.  This money will be dissipated with rehabilitation, promotion, information for businesses etc.  It will not solve the problem that workers who are injured can only go back to a different job if they can access the training to do so.
    Verdict - window dressing and will not solve the problem
     

    More powers for the WorkCover Ombudsman
    - appeal ceasing of weekly payments
    - review termination decisions
    - ensure employers meet obligations to find duties for injured workers
    All the powers allocated in these amendments to the ombudsman currently exist for the Workers Compensation Tribunal, the Industrial Relations Commission or WorkCover itself which are legal bodies and have the power of enforcement.  The allocation of these powers to an ombudsman will only weaken the rights of workers as this position has no legal standing and ability to enforce decisions and orders.
    Verdict - Window dressing and worse for workers
     

    Removing the Arbitration process from Workers Compensation Tribunal
    This is a positive move - it retains the current practice.  Not a new thing.  It will mean that the successful conciliation process that currently exists will be retained.
    Verdict - same as now and supported
     
    Retaining the 7.5% levy cap instead of the proposed 15% This will reward the most dangerous employers who injure and kill people.  It was one of the only parts of the Bill that put pressure on employers to make workplaces safer.  This is a disgrace when the Bill already hugely favours employers.
    Verdict - good for bosses.  Another benefit for bosses which does not help workers.  Reward for bad behaviour
     

    Increase notice for ceasing payments and other penalties from 7 days to 14 days
    Currently it is 21 days notice so this is still a significant reduction in the time for families to re-adjust to loss of income and change in their circumstances.
    Verdict - bad for workers
     

    In regulation formula for fees for employers to exit the scheme
    This is insignificant
    Verdict - no impact
     

    No longer making amendments regarding annual leave
    This will remain the same as it currently is.
    Verdict - the same for workers, so supported
     
    Clarification of medical questions referred to medical panels Would need to see the detail to determine if this would deal with issues such as doctors determining inappropriate questions but would not stop the lack of justice for workers who would still not be able to appeal any decision of the medical panel.
    Verdict - slightly better but medical panel proposal still bad for workers
     
    Not proceeding with proposal to provide lump sum payments for stress injury
    One of the few beneficial changes for workers in the Bill is knocked out due to pressure from business.  This means stress injured workers continue not to be able to have their injuries compensated through a lump sum payment.
    Verdict - bad for workers
     
    Make clear levy is GST free Requested by employers and granted.
    Verdict - another sop to employers
     
    Conclusion - bad for workers
    • still the case that nearly everyone will be kicked off the scheme after 2 and a half years and this would apply retrospectively to people already on the scheme
    • pay still suspended if a worker disputes a decision about their workers compensation claim
    • still proposal to significantly reduce the amount of money workers get for loss of limbs or body functions
    • levy cut for employers while at the same time severely cutting workers rights and payments
    • no access to common law to sue employers for damages
     


    Community Meetings:

    Regular community meetings are being held in the areas of Makin, Wakefield or Kingston. Come along, bring your friends and family to discuss issues facing workers today.

    Contact SA Unions for the dates of the next meetings

    saunions@saunions.org.au


    Join Mailing List
    Join a Union



    © 2007 SA Unions 2007 | Privacy Statement
    Authorised by J Giles, SA Unions Secretary, 46 Greenhill Road, Wayville SA  5034