Ten questions for Peter Henneken
Peter Henneken has been the Director-General of the Department of Industrial Relations since it was created in 2001. He is Deputy Chair of the Workers' Compensation Regulatory Authority (QComp) and a member of the Australian Safety and Compensation Council and the Electrical Safety Board.
In this interview we ask 10 questions about the Department of Industrial Relations' past performance and future directions.
- This has been a year change in the industrial relations, what do see as the main issue for your department over the past year?
Yes, this certainly has been a year of change. Without doubt the biggest industrial relations issue for Queensland has been the federal Government's WorkChoices legislation and I think one of our major achievements this year was our response to WorkChoices.
The Queensland Government, in concert with other Australian state governments, has challenged the validity of the WorkChoices legislation in the High Court. The department established the Fair Go Queensland Advisory Service to help Queensland employers and workers understand the impact of the changes. We also created the Compare What's Fair tool to help workers check if they will lose any current rights or entitlements under a proposed Australian Workplace Agreement.
- The federal government's WorkChoices legislation has certainly been a focus for a great deal of media coverage. What do you see as main differences under the new system?
One of the difficulties with the WorkChoices system is that it does not produce a single national system for industrial relations. Our research shows that up to 40% of Queensland employees may not be covered by the new federal system.
WorkChoices gives priority to individual agreements over collective bargaining and the new Australian Workplace Agreements can mean that current entitlements such as overtime, public holiday pay, shift allowances and weekend penalty rates can be bargained away without the protection of a ‘no disadvantage' test. The new federal system also removes unfair dismissal protection for all employees in businesses with 100 or fewer staff members.
- What do you think are the key issues for Queenslanders in the wake of the WorkChoices changes?
International evidence shows that labour market deregulation has led to increased wage dispersion, without necessarily improving economic performance or productivity. A more deregulated labour market, which is one outcome of the WorkChoices package, increases the need for the Queensland Government to actively foster cooperative and productive labour relations in workplaces to ensure Queensland's economic growth continues.
We are developing our Smart Workplaces program to demonstrate the links between cooperative employer/worker decision-making and improved safety, fairness and productivity. We will also provide additional funding to community organisations to deliver information, advice and advocacy to vulnerable Queensland workers.
- The Department of Industrial Relations also has responsibilities for electrical safety and workplace health and safety. Do you think WorkChoices could have an impact on safety?
Yes, there is a risk that the industrial relations changes will have a flow-on effect into workplace health and safety and workers' compensation. The new laws potentially reduce the protection for workers raising workplace health and safety issues. More importantly, research shows increased casualisation and reduced job security is associated with diminished safety outcomes. In the coming year, we will be closely monitoring the impact of WorkChoices on the Queensland community.
- What do you count as the key achievements by the department in the area of safety?
This year we have continued our strong focus on safety. Workplace Health and Safety Queensland and the Electrical Safety Office have completed comprehensive work programs that have led to new safety laws being enacted, strong public education programs and targeted compliance programs.
While the average rate of electrical fatalities in Queensland has dropped to below the Australian average, of course much more needs to be done. We have seen the rate of work-related injuries continue to fall in recent years, however the social and economic costs of work-related injury and disease remain unacceptable.
- As a department with a strong regulatory focus, what's your view on national consistency of regulation?
Consistent occupational health and safety standards and workers' compensation arrangements across Australia are a matter of growing importance to business, workers and government.
Increased national consistency will help to support a more coordinated Australia-wide approach to reducing workplace injury and disease. It also helps to reduce the legislative burden for employers and deliver broader, more effective protection of workers.
However, any approach to increased national consistency must be undertaken in a cooperative way between the states, the commonwealth and key stakeholders.
- Looking at the broader issues for workplaces, there has been a lot of talk about labour shortages and population ageing. What do you see as the impact these changes have on the work of the department?
The department understands that population ageing and a tightening labour market is one of the biggest issues to impact upon the Queensland labour force.
In response, we have, amongst other things developed a range of practical information products for employers: Valuing Older Workers - Preparing Your Business for an Ageing Workforce, Productive and Safe Workplaces for an Ageing Workforce Strategy and A guide for the Queensland Public Service: managing an ageing workforce.
- This year's changes must have had a big impact on your own people. What is DIR doing to help its own staff?
We have been working to develop strong organisational values in this department, especially our commitment to our people. We work to maintain a strong focus on the wellbeing of our workforce and we actively promote work practices that support work/life balance. We also have a strong focus on staff development programs.
- What about the broader Queensland public sector - what are the priorities there?
First and foremost is the finalisation of the current enterprise bargaining round. Secondly, skill shortages and necessary attraction and retention strategies are big issues for all public sector agencies, and while DIR regularly assists agencies to resolve problems, a medium term whole of government incentive framework is needed.
There is also the issue of the effect WorkChoices will have on state public servants. The majority of Queensland public sector employees continue to be covered by the state industrial relations system but some 3,000 employees in various statutory bodies that are corporations are subject to the WorkChoices amendments. A working party is investigating options to return these employees to the state jurisdiction.
- What are your immediate concerns for the future?
Essentially two key milestones will shape the immediate to near future for the department. They are the High Court decision to the challenge by states and territories to the federal government's WorkChoices legislation and the results of the next federal election in 2007. If the High Court challenge fails, we will need to focus on maintaining a strong though reduced state industrial relations system.
In terms of safety, the challenges include even further reductions in the incidence of injuries and fatalities, improving national consistency without unnecessary incursion by the Commonwealth, clarifying workplace safety expectations and obligations for employers, workers and the public in general; and improving rehabilitation and return to work options for injured workers to boost their labour force participation and reduce workers' compensation scheme costs and premiums.
Last updated November 7, 2006
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