GWU explains its proposed amendments

The government has already accepted three of the amendments suggested by the General Workers` Union for the Employment and Industrial Relations Bill, and would have saved considerable time by meeting the union to discuss them beforehand, GWU general secretary Tony Zarb said yesterday.

Mr Zarb was addressing a press briefing to explain what was behind the 60 amendments proposed by the GWU, and to show that many of them were mere common sense, while others were ways to close legal loopholes.

He also pointed out that although these amendments were proposed by the GWU, they would have an impact on the entire trade union movement.

The GWU had been requesting a meeting with Social Policy Minister Lawrence Gonzi, which did not take place. Had they been able to discuss the amendments, the parliamentary committee for the consideration of bills could have saved time, said Mr Zarb.

Three of the amendments to one of the preliminary clauses in the definitions section had been accepted on Monday, relating to the definition of collective agreements, employees` representatives, and workers.

The GWU intended to continue putting pressure on the government while the parliamentary process was underway. The port workers section was organising a rally tomorrow, and other similar events were planned, Mr Zarb said.

"The port workers, including pilots and mooring men, are the sector which is usually ready to show solidarity in sympathy strikes.

"Now they are on a list of essential services, not only would they not be able to join in sympathy strikes, but neither would they be able to strike over their own working conditions," he said.

Former prime minister Karmenu Mifsud Bonnici, the union`s legal consultant, went through some of the proposals, explaining their significance. Some of them relate to simple typing mistakes, anomalies between the Maltese and English versions of the text, and anomalies between one section of the bill and another.

However, he also explained the implications of various other clauses, and how they created loopholes which could lead to unwanted or unexpected results.

Some appear to be fairly straightforward, such as adding single parent to the definition of family, but Dr Mifsud Bonnici, who is well respected for his eagle eye for such details, explained that this might be a problem on which the government was trying to avoid having to take a stand.

Another was the fact that wages had to be paid in money, which would appear to be obvious, except that he pointed out that "wages" should include bonuses and allowances, as "otherwise it would open the way for these to be paid in kind", he said.

Another clause relates to referrals to the industrial tribunal, with the GWU suggesting a clause referring to workers who were still on probation.

"Imagine a girl who is still on probation, who is subjected to sexual harassment. Do you think that she would be able to complain to the industrial tribunal? While she is on probation, do you think she would be able to complain? So we suggested adding a clause that would enable matters to be referred to the tribunal a week after the end of the probationary period.

"These are things that the government has overlooked," he said.

Some of the other amendments were not made with legal implications in mind, but with union policy. These include the make-up of the employment relations board, which the GWU insists should comprise four members: two from the GWU, one from the CMTU, and one from the UHM, a composition which the union says would reflect its large membership.