Showing posts with label Australian society. Show all posts
Showing posts with label Australian society. Show all posts
Saturday 21 April 2018
Quote of the Week
“There are no
saviours of democracy on the horizon. Rather, around the world we see a new
authoritarianism that is always anti-democratic in practice, populist in
appeal, nationalist in sentiment, fascist in sympathy, criminal in disposition,
tending to spew a poisonous rhetoric aimed against refugees, Muslims, and
increasingly Jews, and hostile to truth and those who speak it, most
particularly journalists to the point, sometimes, of murder.” [Author Richard Flanagan writing in TheGuardian, 18 April 2018]
Labels:
Australian society,
democracy,
discrimination,
fascism
Tuesday 17 April 2018
More reports showing that 'trickle up' economics is at work in Australia
Here is just a little of what Liberal & National party members - and their governments - refuse to understand as they support a far-right economic platform which is built on a reduction in corporate tax rates, high business profits and large management salaries in conjunction with employee wage supression, erosion of workers' rights, an increase in employment insecurity based on casual, part-time and/or employees as sham contractors and, further restrictions on eligibility for a number of basic welfare payments.
The
Sydney Morning Herald,
10 April 2018:
Last year, as the
government prepared another round of welfare crackdowns, Minister Michaelia
Cash said she expects “that those who can work should work and our welfare
system should be there as a genuine safety net, not as something that people
can choose to fund their lifestyle.”
The subtext was clear –
those who need help are a drain on the rest of us.
This rhetoric is
familiar, but it is wrong. It is the wealthiest Australians who enjoy the most
support.
Research commissioned by
Anglicare Australia shows that each year, a staggering $68 billion is spent
keeping the wealthiest households wealthy. That is greater than the cost of
Newstart, disability support, the age pension, or any other single welfare group.
The Cost of Privilege
report, prepared by Per Capita, models four household types to show how these
concessions and tax breaks work. One of the couples we modelled, Tim and
Michelle, own their own home. They have two children in private schools, top
health insurance, and two investment properties. Michelle doesn’t work, and Tim
runs a small business. Each year, Tim and Michelle get $99,708 in concessions
from the taxpayer, or $1917 per week. That is well over twice as much as a
couple with two children on Newstart, and nearly three times as much as a
family with one parent on the Disability Support Pension. Tim and Michelle do
this by getting concessions on their superannuation, negatively gearing their
investment properties to minimise their taxable income, and getting tax breaks
for private schools and private health insurance. They also get generous
Capital Gains Tax exemptions.
Each year, thousands of
Australia's wealthiest households profit from these loopholes and subsidies.
Our report finds that tax exemptions on private healthcare and education for
the wealthiest 20 per cent cost more than $3 billion a year.
Superannuation
concessions to them cost over $20 billion a year, and their Capital Gains Tax
exemptions cost an astonishing $40 billion a year. Compare that to the annual
cost of Newstart, which comes in at just under $11 billion a year.
Importantly, nothing
that Tim and Michelle are doing is wrong or illegal. This is not a broken
system. It is a system working exactly the way it was designed to work,
supporting the wealthiest at the expense of the rest of us.
These numbers tell us
that something has gone badly wrong. The eighties were the decade of
trickle-down economics, where taxes were cut for the richest with the promise
that everyone else would soon feel the benefits. But now it’s worse – we’re in
an era of trickle-up economics where subsidies, tax breaks and concessions for
the richest are paid for by everyone else.....
Anglicare Australia, 26 March 2018:
Cost of Privilege Report (.pdf)
Cost of Privilege - overview (.pdf)
Cost of Privilege - households (.pdf)
ABC
News, 15
April 2018:
One in every five
Australian children has gone hungry in the past 12 months according to a new
report, with some even resorting to chewing paper to try to feel full.
The survey of 1,000
parents commissioned by Foodbank shows 22 per cent of Australian children under
the age of 15 live in a household that has ran out of food at some stage over
the past year.
One in five kids
affected go to school without eating breakfast at least once a week, while one
in 10 go a whole day at least once a week without eating anything at all.
"I think that's a
very sad indictment on us as a society," said Foodbank Victoria chief
executive Dave McNamara…..
"Some kids were eating paper. Their parents had told them
'There's not enough food, if you get hungry you'll need to chew paper.'"
"This isn't made
up. This is a story we heard setting up one of our school breakfast programs
down in Lakes Entrance, which is a beautiful part of the country."
"No-one's spared.
It's not people on the street; it's people in your street. It's in every
community across Australia."
Foodbank Victoria graphic below based on its Rumbling Tummies Report, April 2018:
Fair Work Ombudsman begins another weary audit which will inevitably discover more employers behaving like criminals
Despite wage growth falling to record lows last year, the Australian Minister for Jobs and Innovation WA Liberal Senator Michaelia Cash continues to talk down any need for a substantial national minimum wage increase and praises the good will of employers big and small.
It seems she just refuses to accpet the evidence of her own eyes.......
The Guardian, 11 April 2018:
On Wednesday the Fair
Work Ombudsman announced an audit targeting the fast food, restaurant and cafe
sector which will penalise businesses exploiting vulnerable workers, including
students, casual staff and immigrants.
It follows numerous
high-profile cases of workers being exploited, including a cook who was
employed by Bar Coluzzi in Sydney on a 457 skilled worker visa who was told by
her boss to repay $13,952 of her wages to cover tax and superannuation
contributions. She was also working excessive unpaid overtime.
The convenience story
chain 7-Eleven was found
by a Senate inquiry to have been forcing workers to go to ATMs to
withdraw and pay back wages. The panel investigating 7-Eleven told the inquiry
it had made 188 determinations that 7-Eleven was liable to pay workers a total
of $4.36m, with workers being underpaid an average of $23,000 each.
A Fair Work Ombudsman
spokesman told Guardian Australia that intelligence from a range of sources
found failing to pay the correct hourly base, penalty and overtime rates, and
ignoring record-keeping and payslip requirements were consistent issues.
In 2016–17, 44% of the
hospitality workers assisted by the ombudsman to resolve workplace disputes
were aged under 26, and 31% were visa holders. Despite the hospitality industry
employing around 7% of Australia’s workforce, it accounted for the highest
number (17%) of disputes. It was also the industry with the highest number of
anonymous reports received (36%), infringement notices issued (39%) and court
actions commenced (27%).
While workers under the
age of 25 account for about 15% of the Australian working population, they were
involved in 28% of workplace disputes the ombudsman took on in 2017. Migrant
workers make up 6% of the Australian workforce, however 18% of workplace
disputes involved a visa holder.
The ombudsman has begun
auditing 1,000 businesses across the country and investigators will check the
time and wage records of randomly selected businesses, especially those
employing a large numbers of vulnerable workers. Companies involved in serious
contraventions will face penalties of up to $630,000 per contravention. The
maximum penalty for individuals is now $126,000 per contravention. Failing to
keep employee records or issue pay slips attracts a penalty up to $63,000 for a
company and $12,600 for an individual.
Labels:
Australian society,
exploitation,
Fair Work Commission,
jobs,
wages
Thursday 12 April 2018
Ultimately allowing live animal exports and cruelty to livestock is the responsibility of the Australian general public and we should not turn away from our part in this trade
It would appear that live animal exporters are still ignoring the health and well-being of livestock.
Take Emanuel Exports Pty Limited, first incorporated in Western Australia in 1955.....
Part One https://youtu.be/m1V96Y533Ds and
Part Two at https://youtu.be/FR09We_f9U4
ABC
News, 9 March
2018:
A scandal-plagued live
export ship slated to take 65,000 sheep to the Middle East has failed to
satisfy an inspection and must provide evidence of improvements before maritime
officials will allow it to set sail with livestock on board.
The concerns relate to
airflow in pens where sheep will travel.
Inspectors from the
Australian Maritime Safety Authority (AMSA) spent hours inspecting the Awassi
Express after it docked in Fremantle, Western Australia, on Sunday.
"AMSA has advised
the master and ship operator that they will have to arrange a third party air
flow verification report to prove compliance with air flow standards before an
Australian Certificate for the Carriage of Livestock can be issued," an
AMSA statement reads.
To carry livestock, a
ship must have a certificate for the carriage of livestock.
The inspected ship, used
by Emanuel Exports, is the same vessel linked to 2,400 sheep deaths during a
voyage to the Middle East last August.
The Department of
Agriculture investigated that incident but scandal erupted after footage of the sheep surfaced,
reportedly showing livestock being mistreated.
The vision, broadcast on
Channel Nine on Sunday night, showed hundreds of sheep crowded into a small
space, workers throwing dead sheep overboard, and faeces-covered pens where
animals stood panting or collapsed on the ground.
It remains unclear what
will happen to the sheep and 250 cattle Emanuel Exports plans to send to
Kuwait, United Arab Emirates, Oman and Qatar in the coming days.
Emanuel Exports was also
responsible for a July 2016 consignment, in which an estimated 3,000 sheep died from heat stress during
a voyage to the Middle East….
Governments and farming bodies will react after the event when particular instances of animal cruelty or poor shipping conditions make the news. However such reaction frequently makes a claim that the incident in question is a 'one-off' occurrence.
There appears to be a general lack of will to address the fundamental failure of the live export industry to protect livestock from harm or to turn and face the fact that live export in itself is a cruel practice.
Responsibility for animal welfare lies in the last instance with the Australian general public and it will not be until tens of thousands of everyday citizens pick up the phone or write/email federal ministers, MPs and senators that the public's voice will begin outweigh the political influence of farmer-grazier lobby groups.
There appears to be a general lack of will to address the fundamental failure of the live export industry to protect livestock from harm or to turn and face the fact that live export in itself is a cruel practice.
Responsibility for animal welfare lies in the last instance with the Australian general public and it will not be until tens of thousands of everyday citizens pick up the phone or write/email federal ministers, MPs and senators that the public's voice will begin outweigh the political influence of farmer-grazier lobby groups.
Contact
details for all members of the federal parliament be found at List
of Senators - (PDF 163KB) and List
of Members - (PDF 145KB) if
readers want to have their say on the subject of live animal export.
BACKGROUND
WA's largest live
exporting company, Emanuel Exports, is back in court today to defend itself
against charges of animal cruelty brought against it under the state's Animal
Welfare Act. The case harks back to 2003 when he animal rights group, Animals
Australia, won a Supreme Court order which forced the state to investigate
alleged breaches of the Act during a shipment of 100,000 sheep on the Al Kuwait
in November of that year. The livestock industry and animal rights groups say
the outcome could set a precedent for the future of live exports. Natacha
Hammond spoke with Tim D'Arcy from the Pastoralists and Graziers Association
who has been at the opening morning of the case.
8 February
2008, DLGD v Emanuel Exports judgement.
beefcentral.com, 1 March 2012:
The export licence of
one of Western Australia’s oldest livestock exporters, International Livestock
Exports, the South East Asian export arm of Emanuel Exports, could be under
threat as a result of footage released by Animals Australia this week.
The footage, showing mistreatment of cattle inside Indonesian abattoirs, aired on ABC Lateline on Tuesday.
ILE is believed to be the exporter responsible for at least one of the animals shown in the footage.
The Federal Government’s Export Supply Chain Accreditation System, introduced to improve animal welfare standards in the wake of televised footage of cruelty in Indonesian abattoirs last year, places the onus of responsibility for the welfare of all exported animals through until the point of slaughter on exporters.
Penalties for breaches of the ESCAS include conditions being placed on licenses, or the suspension or cancellation of a licence.
The Department of Agriculture, Fisheries and Forestry is currently investigating the footage supplied by Animals Australia last Friday, and will decide on penalties if it confirms that an Australian exporter has breached the ESCAS rules.
Emanuel Exports director Mike Stanton told Beef Central this afternoon that the company has suspended the operations of one abattoir within its accredited supply chain in Indonesia whilst the Department of Agriculture, Fisheries and Forestry investigation is underway…..
The footage, showing mistreatment of cattle inside Indonesian abattoirs, aired on ABC Lateline on Tuesday.
ILE is believed to be the exporter responsible for at least one of the animals shown in the footage.
The Federal Government’s Export Supply Chain Accreditation System, introduced to improve animal welfare standards in the wake of televised footage of cruelty in Indonesian abattoirs last year, places the onus of responsibility for the welfare of all exported animals through until the point of slaughter on exporters.
Penalties for breaches of the ESCAS include conditions being placed on licenses, or the suspension or cancellation of a licence.
The Department of Agriculture, Fisheries and Forestry is currently investigating the footage supplied by Animals Australia last Friday, and will decide on penalties if it confirms that an Australian exporter has breached the ESCAS rules.
Emanuel Exports director Mike Stanton told Beef Central this afternoon that the company has suspended the operations of one abattoir within its accredited supply chain in Indonesia whilst the Department of Agriculture, Fisheries and Forestry investigation is underway…..
The only Australians who do not recognise the cruel farce that is 'robo-debt' are right-wing politicians, ideologues and the just plain ignorant
“It is trite
maths that statistical averages (whether means or medians) tell nothing about
the variability or otherwise of the underlying numbers from which averages are
calculated. Only if those underlying numbers do not vary at all is it possible
to extrapolate from the average a figure for any one of the component periods
to which the average relates. Otherwise the true underlying pattern may be as
diverse as the experience of Australia’s highly variable drought/flood pattern
in the face of knowledge of ‘average’ yearly rainfall figures. Yet precisely
such a mathematical fault lies at the heart of the introduction from July 2016
of the OCI machine-learning method for raising and recovering social security
overpayment debts. This extrapolates Australian Taxation Office (‘ATO’) data
matching information about the total amount and period over which employment
income was earned, and applies that average to each and every separate
fortnightly rate calculation period for working-age payments.” [Terry
Carney AO, UNSW Law Journal, Vol 42 No 2, THE NEW
DIGITAL FUTURE FOR WELFARE: DEBTS WITHOUT LEGAL PROOFS OR MORAL AUTHORITY?,
p2]
The
Canberra Times,
5 April 2018:
The Coalition
government's "robo-debt" program has been unlawfully raising debts
with welfare recipients, wreaking "legal and moral injustice", a
former administrative appeals tribunal member has said.
Emeritus professor of
law at the University of Sydney Terry Carney, who was on the Administrative
Appeals Tribunal for 40 years and was its longest serving member until
finishing in September, has weighed into the debate over the controversial debt
collection method saying the Department of Human Services has no legal basis to
raise debts when a client fails to ‘disprove’ they owe money.
While Professor Carney
urged it be made to comply with the law, the DHS rejected his comments, saying
its Online Compliance Intervention program was consistent with legislation.
"Robo-debt" -
the subject of a Commonwealth Ombudsman report and a Senate inquiry recommending sweeping reforms to the
program - was at the centre of a maelstrom of controversy last year and remains
loathed by critics calling for change….
Writing in the UNSW Law
Journal last
month, he said that despite the DHS' stance it remained responsible for
calculating debts based on actual earnings, not assumed averages.
“Centrelink’s
OCI radically changed the way overpayment debts are raised by purporting to absolve Centrelink from its
legal obligation to obtain sufficient information to found a debt in the event
that its ‘first instance’ contact with
the recipient is unable to unearth information about actual fortnightly earnings.
As noted by the Ombudsman, the major change was that Centrelink would ‘no
longer’ exercise its statutory powers to obtain wage records and that the
‘responsibility’ to obtain such information now lies with applicants seeking to
challenge a debt. Writing a little later, the Senate Community Affairs
References Committee challenged this, contending that
6.13 It is a basic legal principle that in order to
claim a debt, a debt must be proven to be owed. The onus of proving a debt must
remain with the department. This would include verifying income data in order
to calculate a debt. Where appropriate, verification can be done with the
assistance of income support payment recipients, but the final responsibility
must lie with the department. This would also preclude the practice of
averaging income data to manufacture a fortnightly income for the purposes of
retrospectively calculating a debt. …” [Terry Carney AO, UNSW Law Journal, Vol
42 No 2, THE NEW
DIGITAL FUTURE FOR WELFARE: DEBTS WITHOUT LEGAL PROOFS OR MORAL AUTHORITY?,
pp3-4]
Saturday 7 April 2018
Quote of the Week
“Homelessness is
one of the most potent examples of disadvantage in the community, and one of
the most important markers of social exclusion (Department of Human Services,
2002).” [Australian Bureau of Statistics, 29 March 2018]
Labels:
Australian society,
homelessness
Monday 2 April 2018
Rate of homelessness is rising across Australia - including in New South Wales
Australian Bureau of Statistics (ABS), media
release, 14 March 2018:
Census reveals a rise in the rate of
homelessness in Australia
The rate of homelessness
in Australia has increased 4.6 per cent over the last five years, according to
new data from the 2016 Census of Population and Housing.
The latest estimates reveal more than 116,000 people were experiencing homelessness in Australia on Census night, representing 50 homeless persons for every 10,000 people.
Dr Paul Jelfs, General Manager of Population and Social Statistics, said that while there was an overall increase in the estimate of homelessness in Australia, this number is made up of various distinct groups and each tells a different story.
People living in ‘severely’ crowded dwellings, defined as requiring four or more extra bedrooms to accommodate the people who usually live there, was the greatest contributor to the national increase in homelessness.
“In 2016, this group accounted for 51,088 people, up from 41,370 in 2011.
“On Census night, 8,200 people were estimated to be ‘sleeping rough’ in improvised dwellings, tents or sleeping out – an increase from 3.2 persons per 10,000 people in 2011 to 3.5 persons per 10,000 people in 2016,” Dr Jelfs said.
Younger and older Australians have also emerged as groups experiencing increasing homelessness in Australia.
“One quarter of all people experiencing homelessness in 2016 was aged between 20 and 30 years,” Dr Jelfs said.
People aged between 65 and 74 years experiencing homelessness increased to 27 persons per 10,000 people, up from 25 persons per 10,000 people in 2011.
Recent migrants (those who arrived within the five years prior to the 2016 Census) accounted for 15 per cent of the homeless estimate. Almost three quarters of this group were living in ‘severely’ crowded dwellings and the majority came from countries in South-East Asia, North-East Asia and Southern and Central Asia, including India, China and Afghanistan.
The overall number of Aboriginal and Torres Strait Islander people experiencing homelessness in 2016 was 23,437. More than two out of three were living in ‘severely’ crowded dwellings, with just less than 10 per cent ‘sleeping rough’.
Dr Jelfs also acknowledged the support of service providers in enumerating the homeless.
“I would like to thank the service providers and staff who worked with the ABS to tackle the difficult challenge of enumerating this population group and maximise the quality of this important information,” Dr Jelfs said.
Further 2016 Census homelessness data can be found on the ABS website.
The latest estimates reveal more than 116,000 people were experiencing homelessness in Australia on Census night, representing 50 homeless persons for every 10,000 people.
Dr Paul Jelfs, General Manager of Population and Social Statistics, said that while there was an overall increase in the estimate of homelessness in Australia, this number is made up of various distinct groups and each tells a different story.
People living in ‘severely’ crowded dwellings, defined as requiring four or more extra bedrooms to accommodate the people who usually live there, was the greatest contributor to the national increase in homelessness.
“In 2016, this group accounted for 51,088 people, up from 41,370 in 2011.
“On Census night, 8,200 people were estimated to be ‘sleeping rough’ in improvised dwellings, tents or sleeping out – an increase from 3.2 persons per 10,000 people in 2011 to 3.5 persons per 10,000 people in 2016,” Dr Jelfs said.
Younger and older Australians have also emerged as groups experiencing increasing homelessness in Australia.
“One quarter of all people experiencing homelessness in 2016 was aged between 20 and 30 years,” Dr Jelfs said.
People aged between 65 and 74 years experiencing homelessness increased to 27 persons per 10,000 people, up from 25 persons per 10,000 people in 2011.
Recent migrants (those who arrived within the five years prior to the 2016 Census) accounted for 15 per cent of the homeless estimate. Almost three quarters of this group were living in ‘severely’ crowded dwellings and the majority came from countries in South-East Asia, North-East Asia and Southern and Central Asia, including India, China and Afghanistan.
The overall number of Aboriginal and Torres Strait Islander people experiencing homelessness in 2016 was 23,437. More than two out of three were living in ‘severely’ crowded dwellings, with just less than 10 per cent ‘sleeping rough’.
Dr Jelfs also acknowledged the support of service providers in enumerating the homeless.
“I would like to thank the service providers and staff who worked with the ABS to tackle the difficult challenge of enumerating this population group and maximise the quality of this important information,” Dr Jelfs said.
Further 2016 Census homelessness data can be found on the ABS website.
~~~~~~~~~~~~~~~~~~~~~~~~
On Census Night in 2016 the number of people who were listed as homeless in NSW:
37,715 persons in total, of which 22,698 were male and 15,010 were female
1,801 of the men and 981 of the women were 65 years of age and older
3,963 were children under 12 years
3,963 were children under 12 years
On Census Night in 2016 the number of
people who were listed as homeless in the NSW Northern Rivers region by Local
Government Area:
Tweed – 444 (compared to 308 in 2011)
Tweed
Heads 156, Tweed Heads 47, South Murwillumbah 49, Murwillumbah Region 52, Kingscliff-Fingal
Head 51, Banora Point 45, Pottsville 42
Byron - 327 (compared to 279 in 2011)
Byron
Bay 146, Mullumbimby 121, Bangalow 31, Brunswick Heads-Ocean Shores 29
Lennox
Head-Skennars Head 4
Lismore - 309 (compared to 283 in 2011)
Lismore
153, Lismore Region 93, Goonellabah 67
Clarence Valley - 230 (compared to 198 in 2011)
Grafton
89, Grafton Region 103, Maclean-Yamba-Iluka 37
Ballina - 77 (compared to 142 in 2011)
Ballina
52, Ballina Region 22
Richmond Valley - 73 (compared to 69 in 2011)
Casino
44, Casino Region 20, Evans Head 15
Kyogle - 34 (compared to 21 in 2011)
Kyogle
27
Saturday 31 March 2018
Tweet of the Week
Thursday 22 March 2018
Turnbull Government, business and industry still out to suppress minimum wage
According to the Australian Treasury in November 2017;
On a variety of measures, wage growth is low....
However, weaker labour productivity growth seems unlikely to be a cause of the current period of slow wage growth in Australia. Over the past five years, labour productivity in Australia has grown at around its 30-year average annual growth rate....
An examination of wage growth by employee characteristics using the Household Income and Labour Dynamics in Australia (HILDA) survey and administrative taxation data suggests that recent subdued wage growth has been experienced by the majority of employees, regardless of income or occupation.....
This is true across the
States and Territories, across industries, and across both the public and
private sectors. Real wage growth – wage growth relative to the increase in
prices in the economy – has also been low.
The Reserve Bank of Australia suggests in
its March
Quarter 2017 Bulletin that there is"
...some tentative evidence that the relationship between wage growth and labour market conditions may have changed, and that this may help to explain recent low wage growth. Using job-level micro wage data, we also find that, since 2012, wage increases have been less frequent and wage growth outcomes have become much more similar across jobs.
...some tentative evidence that the relationship between wage growth and labour market conditions may have changed, and that this may help to explain recent low wage growth. Using job-level micro wage data, we also find that, since 2012, wage increases have been less frequent and wage growth outcomes have become much more similar across jobs.
Being paid at the minimum wage rate means that a worker is paid the lowest hourly income for his/her labour that is legally allowable.
At the beginning of the 21st Century (January 2001) the national minimum wage was $10.53 per hour or $400.40 per 38 hour week (before tax).
That represents a rise of $7.76 an hour over the course of 17 years - the equivalent of 45 cents a year.
Not a spectacular hourly base wage growth by any measure.
In March 2018
the Australian Federation of Employers
and Industries (AFEI), Australian
Retailers Association, Restaurant
& Catering Industrial (RCI), Australian
Business Industrial and the NSW Business Chamber Ltd (along with eight other industry representatives) made
initial submissions to the Fair Work
Commission Annual Wage Review 2017-18.
It will come
as no surprise that any decent rise in the minimum wage is being resisted in
these submissions.
A number of business and industry representatives appear to believe that even raising the minimum wage hourly rate by as little as 34-35 cents is an onerous burden.
A number of business and industry representatives appear to believe that even raising the minimum wage hourly rate by as little as 34-35 cents is an onerous burden.
Frequent
mention is made of the supposed part the businesses they represent play in
national ‘jobs and growth’ and the risk wage increases allegedly pose.
A notion
supported by the Turnbull Government’s
own submission.
Couched in polite terms within their submissions is the last resort position of both the federal government and big business.
It seems they are reluctantly willing to accept a minimum wage increase that doesn't rise by more than 1.9% (rate of inflation in December 2017) and definitely resist the idea of a rise that actually results in real wages growth.
Couched in polite terms within their submissions is the last resort position of both the federal government and big business.
It seems they are reluctantly willing to accept a minimum wage increase that doesn't rise by more than 1.9% (rate of inflation in December 2017) and definitely resist the idea of a rise that actually results in real wages growth.
However, there
is another less polite aspect of the part businesses play in the lives of workers and it should be remembered when
listening to business and industry representatives make their wage case during media
appearances.
The Australian Government Fair Work Ombudsman’s 2018 media releases offer a window on that other aspect which includes a widespread contempt for both workers and the law.
Media
release, 16 March
2018:
Western Sydney campaign
reveals high rates of unlawful workplaces
High
rates of non-compliance uncovered by the Fair Work Ombudsman in Western
Sydney have reinforced the importance of ensuring that Australia’s
culturally and linguistically diverse communities have ready access to
workplace information and advice.
The Fair Work Ombudsman
today released the results of its proactive education and compliance campaign
in the region, covering suburbs including Cabramatta, Guildford, Mt Druitt, Fairfield and Merrylands.
Almost two-thirds (64 per cent) of the 197 businesses
audited by the Fair Work Ombudsman during the campaign were found to be
non-compliant with workplace laws.
The campaign led to a
total of $369,324 in unpaid wages and entitlements being recovered for 199
workers.
Sixty-four per cent of
businesses were compliant with record-keeping and payslip requirements, while
just 58 per cent were paying their employees correctly.
The campaign was
initiated following an increase in the number of requests for assistance
received from some parts of the region in previous years, despite an overall
decrease across New South Wales in the same period.
As part of the campaign,
Fair Work inspectors conducted site visits with a particular focus on Harris
Park and Parramatta in response to intelligence received by the
agency indicating potential non-compliance amongst restaurants in the area.
The suburbs are also
home to a higher than average proportion of migrants, with both Harris Park (85
per cent) and Parramatta (74 per cent) at more than twice the national average
of 30.2 per cent.
Acknowledging that new
arrivals to Australia may have a limited awareness of Australian workplace
laws, it was considered that businesses in the region would benefit from
tailored support and education from the Fair Work Ombudsman.
Only two of the 23
businesses visited in these suburbs were found to be fully compliant – a
non-compliance rate of 91 per cent.
Fair Work Ombudsman
Natalie James says the non-compliance rates uncovered by the campaign are
highly concerning and cannot be tolerated.
“Where possible, we seek
to educate employers and employees about their workplace rights and obligations
and equip them with the tools and information they need to ensure they are
complying with the law,” Ms James said.
“This area has a large
proportion of people from culturally and linguistically diverse backgrounds,
who can find it more challenging to navigate that information or even know
where to find it in the first place.
“When combined with a
lack of familiarity with workplace laws, language barriers can present
significant difficulties to employers seeking to understand and comply with
their obligations.
“The results of this
campaign reaffirm the importance of my agency’s work in reaching out to
culturally and linguistically diverse communities to raise awareness of the
help we can provide.
“We are also making more
and more of our tools and resources available in multiple languages, including
our Anonymous
Report function and the Record
My Hours app,” Ms James said.
“Our website can also be
viewed in 40 languages other than English with a simple click of the mouse with
our new
website translator.
“With the wealth of free
information and resources available to help businesses understand their
obligations, there are no excuses for breaching workplace laws.”
Overall, Fair Work
inspectors issued 26 formal cautions, 20 infringement notices (on-the-spot
fines) and 11 compliance notices to non-compliant businesses during the course
of the campaign.
In one matter, a restaurant business was found to be
paying its casual employees under an old award, resulting in a total
underpayment of $10,444 to three employees. Fair Work inspectors issued the
employer with a compliance notice, and the employees were fully back-paid in
accordance with the notice.
Ms James said that
non-compliant businesses were now on notice that future breaches could result
in serious enforcement action.
“We are happy to work
with businesses who require advice and support to meet their workplace
obligations, and we will continue our work to ensure our materials are easily
accessible to those that need them,” Ms James said.
“Indeed, we were pleased
that the employers that we dealt with over the course of this campaign were
cooperative and willing to engage with our inspectors, and that all
contraventions were willingly rectified.
“We will continue to
pursue new initiatives aimed at engaging with businesses in the region to
ensure they have access to the help and information they need.”
Ms James reaffirmed
however that her agency will not hesitate to take action where deliberate or
repeated breaches of the law were identified.
“Employers who fail to
put in place processes to ensure compliance expose themselves to enforcement
action, including litigation in the most serious cases,” Ms James said.
Employers and employees
seeking assistance can visit www.fairwork.gov.au or call the Fair Work Infoline
on 13 13 94. An interpreter service is available on 13 14 50.
Potential workplace
breaches can be anonymously reported in 16 languages other than English using
the Fair Work Ombudsman’s Anonymous Report function at www.fairwork.gov.au/inlanguageanonymousreport.
The Fair Work Ombudsman
recently developed six videos in 16 languages other than English to help visa
holders to understand their workplace rights. These and other in-language
resources are available at www.fairwork.gov.au/languages.
The Fair Work
Ombudsman’s Record
My Hours app is aimed at tackling the persistent problem of
underpayment of vulnerable workers by using geo-fencing technology to provide
workers with a record of the time they spend at their workplace. The app is
available in a number of different languages and can be downloaded from the App
Store and Google Play.
Follow Fair Work
Ombudsman Natalie James on Twitter @NatJamesFWO ,
the Fair Work Ombudsman @fairwork_gov_au or
find us on Facebook www.facebook.com/fairwork.gov.au .
Sign up to receive the
Fair Work Ombudsman’s media releases direct to your email inbox at www.fairwork.gov.au/mediareleases.
Read the Western
Sydney Campaign report (PDF 445.5KB) [my yellow highlighting]
Media
Release, 5 March
2018:
The Fair Work
Ombudsman’s latest Compliance Activity Report shows a workplace non-compliance
rate of 76 per cent in the Caltex service network…..
The Fair Work Ombudsman
commenced proceedings against the former operator of the Caltex Five Dock
service station in Sydney, Aulion
Pty Ltd, and has also initiated proceedings against Abdul
Wahid and Sons Pty Ltd, the former franchisee of a number of Caltex outlets
in Sydney.
In both cases, the Fair
Work Ombudsman alleges that the absence of accurate time and wage records
prevented inspectors from completing audits and determining whether employees
had received their lawful entitlements.
During the activity, the
regulator issued nine infringement notices, 11 compliance notices and 16 formal
cautions to non-compliant franchisees.
Inspectors also
recovered a total of $9,329.85 in back-pay for 26 workers who were underpaid
during a one-month assessment period.
Ms James said the agency
believes the figure would be higher if underpayments could have been accurately
calculated, but with so many deficiencies in the outlets’ records it is
impossible to be sure of the true extent of the wage rip-offs.
“There’s no question
that if these findings indicate the norm in this network, and if these
underpayments are replicated throughout the business month after month, we are
quickly looking at millions of dollars of underpayments over the course of a
few years,” Ms James said…..
Media
Release, 2 March
2018:
The Fair Work Ombudsman
has commenced legal action against the former franchisee of a 7-Eleven retail
outlet in the Melbourne CBD for allegedly exploiting three international
students through a cash-back scheme.
Facing Court are Xia
Jing Qi Pty Ltd, which operated a 7-Eleven retail store on William Street until
March 2017, and the store’s former manager, Ai Ling “Irene” Lin.
It is alleged that after
7-Eleven head office set up a high-tech payroll system in 2016 aimed at
ensuring employees were paid lawful minimum rates, the company and Ms Lin tried
to disguise underpayments of three employees by requiring them to pay back
thousands of dollars in wages.
The three employees were
Chinese students, aged between 21 and 24, who were in Australia on student
visas. Ms Lin, from Taiwan, was also in Australia on a student visa…..
Media
Release, 27 Feb 2018:
The Fair Work Ombudsman
has brought proceedings relating to redundancy entitlements, in a new legal
action against services company Spotless Services Australia Limited for
allegedly contravening workplace laws when it terminated the employment of
three workers at Perth International Airport.
Media
Release, 26 Feb 2018:
The operator of a Degani
cafĂ© in Melbourne’s north-east is facing Court after he allegedly used false
records to conceal more than $12,000 in underpayments of staff, including
teenagers and overseas workers.
Media
Release, 21 Feb 2018:
The operators of a
Melbourne restaurant have been hit with nearly $200,000 in penalties, after a
Judge ruled they deliberately underpaid workers.
Media
Release, 20 Feb 2018
A Perth security company
has been penalised in Court for underpaying its guards more than $200,000, with
a Judge saying the company’s claim that it thought overpaying in relation to
minimum rates would “counteract” other rates of pay was a “lame excuse”.
Media
Release, 16 Feb 2018:
The operator of a number
of massage parlours in Adelaide who said he was “too busy and lazy” to keep
proper records has been penalised for contraventions of record-keeping and pay
slip laws, following legal action by the Fair Work Ombudsman.
Media
Release, 15 Feb 2018:
The Fair Work Ombudsman
has commenced legal action against a Bundaberg-based transport company for
allegedly underpaying an employee more than $11,000 over a period of just nine
months.
Media
Release, 14 Feb 2018:
Cleaning contractors at
90 per cent of Woolworths’ Tasmanian supermarket sites were not complying with
workplace laws, a Fair Work Ombudsman Inquiry has found.
Media
Release, 13 Feb 2018:
Michael Patrick Pulis, a
business operator who told his employee to “seriously, f**k off…” when the
worker asked when he would receive money owed to him, has been penalised
$21,500.
Judge Grant Riethmuller
also penalised Mr Pulis’ company, Pulis Plumbing Pty Ltd, a further $100,000
after a plumber’s labourer, who was 20 years old at the time, was underpaid by
$26,882 over just three months.
Judge Riethmuller
described the conduct as “outrageous exploitation of a young person”, adding
that the behaviour was “such to arouse much emotion” and “nothing short of
avarice”.
The worker was underpaid
when he was employed by Pulis Plumbing to perform work in the Melbourne, Geelong and Bendigoareas
between September and December, 2014.
Media
Release, 8 Feb 2018:
A Northern Territory
refuge for women and children victims of domestic violence has back-paid 11
employees a total of more than $50,000, after intervention by the Fair Work
Ombudsman.
Media
Release, 6 Feb 2018:
The operator of a remote
Northern Territory homestead is facing major penalties after underpaying 17
employees more than $23,000.
Media
Release, 24 Jan 2018:
A sushi outlet operator
and an accountant have been penalised almost $200,000 for their involvement in
an unlawful internship program that exploited young overseas workers.
Media
Release, 22 Jan 2018:
A Brisbane labour hire
business will face court for allegedly underpaying 10 employees more than
$14,000 through an unlawful unpaid work experience program.
Media
Release, 17 Jan 2018:
Ten truck drivers who
worked for an Adelaide transport company have been back-paid a total of
$374,000 following successful legal action by the Fair Work Ombudsman.
Media
Release, 16 Jan 2018:
The former manager of an
Oliver Brown chocolate cafĂ© outlet on the Gold Coast who was ‘seeing what he
could get away with’ when he exploited overseas workers has been penalised
$27,200.
Media
Release, 12 Jan 2018:
The Fair Work Ombudsman
recently assisted workers at four businesses in suburbs south east of Melbourne
to recover almost $50,000 in unpaid wages and entitlements.
Media
Release, 9 Jan 2018:
A Judge has penalised a
repeat-offender Melbourne childcare operator $85,000 for her latest staff
underpayments, saying she required a “sharp lesson” to make her appreciate her
legal obligations.
Besides wages theft, employers have also developed a penchant for pocketing workers superannuation.
Then there is
the naked exploitation outlined in the November 2017 UNSW-UTS study, WAGE
THEFT IN AUSTRALIA: Findings of the National Temporary Migrant Work Survey:
A substantial proportion
of international students, backpackers and other temporary migrants were paid
around half the legal minimum wage in Australia…..
Underpayment was
widespread across numerous industries but was especially prevalent in food
services, and especially severe in fruit and vegetable picking.
Two in five participants
(38%) had their lowest paid job in cafes, restaurants and takeaway shops. This
was a far greater proportion than for any other type of job….
Large-scale wage theft
was prevalent across a range of industries, but the worst paid jobs were in
fruit- and vegetable-picking and farm work….
The study confirms that
wage theft is endemic among international students, backpackers and other
temporary migrants in Australia. For a substantial number of temporary
migrants, it is also severe.
News.com.au, 30 August 2017:
…it
turns out that Australia’s compulsorary superannuation system has a great big
hole in it — one worth $17 billion.
That’s how much super
employers have dodged paying in the past eight years, according to new figures
released by the ATO this week.
The ATO analysis found
that employees had likely missed out on $2.85 billion of their super guarantee
payments during the 2014/15 financial year, because employers dodged their
obligations, with small business owners among the worst offenders.
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