The Australian Chamber of Commerce and Industry (ACCI) says the ACTU’s push to unleash a third wave of industrial relations changes would smash businesses already struggling under the weight of new workplace complexity and inflationary pressures.

ACCI chief executive officer Andrew McKellar said the ACTU has “let the cat out of the bag” about the unions’ plans to co-opt the federal government into introducing another round of radical industrial relations changes.

“They can’t keep quiet about the fact they want to unleash more upheaval against employers and their businesses.

“Disappointingly, there was not even an attempt to link the proposals to any productivity increase.”

Australia’s largest and most representative business network described the raft of policies as economically ignorant and is urging the federal government to resist the moves.

Mr McKellar said it has become clear that the ACTU is desperate to fundamentally reshape independent contracting in Australia.

“It is obvious that the recent employee-like changes were only a stalking horse for the imposition of minimum standards orders on all independent contractors.

“Make no mistake, where the ACTU references ‘freelancers’, in reality it is talking about all independent contractors.

“The ACTU is keen to steady the dramatic dwindling of union membership we have seen across the last two decades by unionising independent contractors.”

Mr McKellar has also taken issue with the rest of ACTU’s wish list on workplace relations including employers’ rights in industrial disputes, the abolition of non-compete clauses and a review into the casual loading.

“Watering down employers’ rights during industrial disputes will mean workplaces could be more vulnerable to sabotage,” Mr McKellar said.

“Under the ACTU’s model, employees would have the same rights to strike in protected industrial action but employers’ only ability to respond would be significantly curtailed.

“Clearly it is the aim of unions to undertake industrial action whenever and wherever without any fear of reply by limiting the only response action available to employers.

“This is another example of the ACTU trying to have it all one way.”

Mr McKellar says claims non-compete clauses constrain employees are overblown and ignores the facts.

“An ABS survey of business found that only one per cent of Australian businesses had a potential employee turn down a contract because of a non-compete clause,” said Mr McKellar

“Restraint clauses are rarely enforceable, there is already a legal presumption that they are invalid, and they can only be successfully used by employers when they are protecting legitimate business interests such as internal client lists that an employee could easily take to a competitor if not for such a clause.”

Mr McKellar highlighted that recent changes to the workplace relations system have already made employing casuals less attractive.

“The government’s changes to casual employment have introduced a legalistic test that poses new complexity for employers about who is a casual and who is not.

“Seeking to review the casual loading on top of that complexity will only make casual employment a less viable and more unattractive option for employers.

“The many employees that would prefer to be casual, who prefer the flexibility, will be the ones who lose out.”

Mr McKellar was concerned that the ACTU was trying to influence the independent employment tribunal on junior pay rates.

“It is concerning that the ACTU would seek to undermine the Fair Work Commission’s discretion in the current SDA junior rates application by threatening to go over their heads to the federal government if they do not get their way.

“Youth unemployment is already much higher than the general population at 9.8 per cent, the ACTU should not be seeking to circumvent the Commission – parties will be filing actual evidence about the proposals instead of talking points.”