International Students’ Lounge Let the Festivities Begin! I see children with candy and happy couples holding hands and hear the permeating sounds of giggles, laughter and mirthful conversation. I smell the wondrous fumes of distant firecrackers and the moist earth infused with the fragrance of exotic food being served hot. I nearly dance to the flavour in my taste buds. I feel the overwhelming sense of euphoria, joy, wonder and an immense sense of belonging. Its festival time! Families together with friends, young and the young-at-heart on endless stretches of rolling grass, littered with confetti, paying slightest regard to tension and endless work that wait for sure. Enjoying a quantum of solace in a magnitude of chaos. It is a stolen moment of peace in an otherwise hectic era, not unlike the moments of passion that lovers yearn to steal. No enmity exists between man and foe here. Everybody seeks pleasure in good company, hoping that the day lasts into the night and all nights wear likewise. The dance and music refresh the spirit; plays in theatre ponder thoughts to enlighten the very soul. Sights and sounds of foreign lands, of people near and far lets you feel the part one plays on this great stage of ours. Other beasts too, can hardly hide their curiosity, of this great gathering of men and children and the merriment that they seem to indulge in. As if to ask, “What is it that calls for such extravagance, please?” and the only answer good enough is that is a celebration of existence and the joy that good company brings. Get out and enjoy the festive air, make the most of this that is so rare. Make memories to cherish and tug you along the bad times because they are inevitable. But for now smile, make merry and enjoy the festivities. I do think I’ve outdone myself here. So if all this pseudo-poetical mumbo jumbo makes any sense to you, then rest assured you will have a good time. If not, suffice to say ‘Throw this book away, mindless reader and go grab your slice of the festivities and savour it while they last!’ Sheik Jamal If you would like to contribute to this section please send your questions or articles to [email protected] 20 On Dit 76.2 !KKX -B"D@K DMCNQRDR Stupid lawyer joke #77: SGHR Q: What do you get when you cross a @QSHBKD bad politician with a crooked lawyer? Quick! Call My LawyerA: Chelsea Clinton Workplace relations law has been flavour of week. This guarantee can be averaged over provisions apply to all employees, as it gives the month for well over two years now. It all the year, meaning you can work 0 hours effect to an International Labor Organisation started in November 2005 when amendments this week, and 76 the next, so long as the (ILO) recommendation. You are unlawfully were made to the Workplace Relations Act yearly average per week is 38. It is not a dismissed if: 1996 (Cth) by a policy called Workchoices. guarantee of 38 hours per week every week. • You are fired because of illness of injury Trade unions and Labor hailed it as the end The third, fourth and fifth guarantees are • You are a member of a trade union, or of workers rights, whist the coalition argued annual leave, personal leave and parental alternatively, you are not a member it brought IR laws in line with globalisation. leave. All parental leave under the safety • You are seeking office as or have acted net is unpaid. as a representative of employees And now, with the coalition coming to terms • You file a complaint against your with their election loss and reluctantly Workers are also given minimum employer alleging violation of a law agreeing to scrap Workchoices, IR reform entitlements under the legislation. The first • You are fired because of race, colour, does not look set to go away any time soon, of these is an entitlement to a meal break if sex, sexual preference, age, physical or with a bill already before Parliament. Given you work more than 5 hours. However this mental disability, marital status, family that it will still be some time before these can be displaced by an award, a workplace responsibilities, pregnancy, religion, changes take effect, why not see what agreement or a prescribed industrial political opinion, national extraction or all the fuss was about to begin with. This agreement. social origin way you can decide for yourself whether • For refusing to negotiate, sign or Workchoices was really the antichrist for The second is an entitlement to public terminate an AWA Australian workers. holidays. However, this is somewhat • For absence during maternity or parental qualified. The employer can request for you leave Workchoices applies to federal employees, to work on a public holiday and you can only • For temporary absence from work an estimated 85% of the Australian labour refuse if you give a reasonable ground for because you are carrying out a voluntary force. If you are employed by a trading, doing so. Otherwise you spend ANZAC day emergency management activity e.g. financial or overseas corporation (e.g. a at work. The third entitlement is one that CFS volunteers company with ‘Ltd’ on the end of its name), allows the Australian Industrial Relations the Commonwealth public service, are Commission (AIRC) to make orders for equal Employees and employers were encouraged engaged in trade or commerce or live in the remuneration for work of equal value. to work together through an AWA. AWA’s territories or Victoria, Workchoices applies were introduced in 1996, not as part of to you. If you don’t, you are covered by a Now for the big one: unfair dismissal laws. Workchoices, but they are nonetheless State Act, here the Fair Work Act 1994 (SA). Employees are able to appeal to the AIRC if portrayed in a negative light. AWA’s are they were unfairly or unlawfully dismissed. statutory instruments that allow employees Under Workchoices, awards were to be Unfair dismissal is when the dismissal is and employers to undercut the common law, “rationalised”, meaning they were phasing harsh, unjust or unreasonable. Workchoices State law, awards and enterprise bargaining out as many as possible. No new awards modified who and when you can appeal. agreements (but not the five AFPCS above). were to be made and some existing awards Below is a list of when you cannot appeal Common law contracts cannot do this. This were to be preserved to fulfil the promise to the AIRC, which has made lots of people is what landed Therese Rein in hot water that no employee would be worse off under cranky: those few months back when her subsidiary Workchoices. Awards were underpinned with • You have worked for the employer for company used a common law contract to five legislatively guaranteed safety nets less than 6 months undercut a condition set by an award. discussed below, called Australian Fair Pay • You were a casual employee and you and Condition Standards (AFPCS), which were not working on a continuous basis AWA’s allow employees and employers to many argued to be insufficient. for 12 months bargain ideal working conditions, often by • You were fired for genuine operational scarifying one thing in favour of another, The first is a guaranteed basic rate of reasons or reasons that include genuine such as less annual leave for increased pay determined by the Australian Fair operational reasons salary. The amount of bargaining power a Pay Commission (AFPC). Since wages • At the time you were laid off, your single employee has over their employer has are no longer set by awards, the AFPC is employer employed 100 or fewer been fiercely debated. With the economy rationalising wage-setting awards into employees at near full employment, it has been said Australian Pay and Condition Standards • You are an independent contractor that only skilled employees and/or those in (APCS). If you are covered by an APCS • You are a Trainee employed for a high demand can exercise some degree of then it sets your wage. Generally if you specified period bargaining power over their employer. Under were previously covered by award you • You are not covered by an award and Labor, existing AWA’s will be allowed to are now covered by APCS. If not, you are your salary exceeds $94 900 (as you are continue but there will be no new AWA’s. guaranteed at least the federal minimum considered rich enough to look after wage, currently at $13.74. Remember these yourself) These are some of the things Workchoices are the bare minimums - often higher wages • You are employed on a seasonal basis has done. Unfortunately word limits prevent are determined by collective agreements e.g. a fruit picker. discussion of other changes. incorporated into contracts or through • You are on probation Peter Bosco individual bargaining. Special wages apply to However under Labor this is set to change. To contribute, email peter.bosco@adelaide minors and disabled workers. .edu.au The above exceptions do not apply to If you’re interested in getting references The second is a guarantee of 38 hours per unlawful dismissal. Further, unlawful please email [email protected] On Dit 76.2 21 '76!3@F7D@E;@ 3B3@ Squashed up against the door and swaying slightly the exit. as the train speeds its way towards Kishiwada, I check my On noticing a steady stream of people heading away from the ):7 ;E:;I3633@<;D;7EF;H3> Station, we rush to follow them, having no idea for ourselves watch.