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JOHN Howard has cleared the way to have his far-reaching workplace legislation passed by both houses of Parliament and declared law after settling on minor amendments with his Coalition back bench last night.
A special Coalition partyroom meeting agreed to amendments to stop employers abusing the 38-hour week and giving employees the right to refuse to work on public holidays.
The legislation, which will overhaul Australia's century-old industrial relations system, is expected to be introduced into the Senate in amended form today. The Prime Minister is hopeful the legislation can be passed by tomorrow, clearing the agenda for a raft of Bills, including the crucial anti-terror and welfare-to-work legislation, to be passed before Parliament rises for Christmas next Friday.
Mr Howard last night described the changes to the Work Choices laws as "sensible amendments that don't in any way violate the principles of the bill".
Last-minute tinkering with the legislation addressed technical issues and concerns raised by Nationals senator Barnaby Joyce.
Following protests from Senator Joyce that public holidays were not protected in the original legislation, workers will be entitled to refuse to work on public holidays, providing they have reasonable grounds.
The Queensland senator dropped his earlier call for compulsory penalty rates on these days. Following complaints from Senator Joyce and unions, workers are to be guaranteed pay on a fortnightly basis unless another period is agreed.
To stop workers being forced to do excessive hours, a proposal to "average" a 38-hour week over 12 months will be deleted from new minimum working conditions. Hours worked over this limit will be treated as "additional hours" unless an averaging agreement is specifically negotiated.
Outworkers in the garment industry will be protected with provisions ensuring that current minimum conditions cannot be bargained away. Agreements at new worksites will run to a maximum five years and only new employees can be required to sign an individual employment contract, or Australian Workplace Agreement.
Apprenticeship pay rates will be protected by federal laws overriding state laws.
Mr Howard regards his 687-page legislation, which will begin operating early next year, as the supreme achievement of his 9 1/2 years in office, surpassing even the introduction of the GST, the sale of Telstra and tougher gun laws.
The historic changes include weakening the power of the Australian Industrial Relations Commission and the setting of a minimum five working conditions for people on employment agreements.
The Coalition partyroom met last night after a backbench committee formally approved a batch of amendments accepted by Mr Howard since his return from overseas on Monday.
With Senator Joyce backing away from his request for mandatory penalty rates to protect public holidays, Mr Howard accepted a lesser change making it unlawful to sack people who do not want to work on those days.
The change means people who believe they are sacked unlawfully for refusing to work on Christmas Day or Good Friday would have to hire a lawyer and prove their case in court, where strict rules of evidence will apply.
Family First senator Stephen Fielding, whose vote is no longer needed by the Government, confirmed he would vote with Labor against the Bill.
Senator Fielding told parliament that families would suffer from the new laws and no one should have to work "24 hours a day, seven days a week, 365 days a year without penalty rates".
The Government also came under attack from Liberal backbencher Judi Moylan over its welfare-to-work legislation. She said the changes, which are meant to push single parents and disabled into work, could serve as a disincentive.