What were they thinking?

The  Sydney Morning Herald, 15 February 2017:

What were they thinking? On Monday three members of cabinet called a press conference to pressure the Senate to cut the dole. That's right, to cut the dole. At just $13,750 per year plus an $8.80 per fortnight energy allowance, it's already so low the Business Council believes it "presents a barrier to employment and risks entrenching poverty." The Organisation for Economic Co-operation and Development, the research arm of the world's richest economies, says Australia's unemployment benefit has reached the point where it may no longer be effective in "enabling someone to look for a suitable job".

Even a Coalition-dominated inquiry found a "compelling case" for boosting it.

But the three ministers wanted to deny the energy supplement to new entrants on the spurious ground that this would merely remove "carbon tax compensation for a carbon tax that no longer exists". It wouldn't. The Newstart cost of living increase was cut 0.7 per cent when the energy supplement came in to avoid double counting. If the energy supplement went but the cut remained, new entrants to Newstart would be worse off than if the whole thing had never happened.

And they wanted to withhold Newstart from newly-unemployed Australians aged 22 to 25, paying them instead the lower $11,375 Youth Allowance. The under 25s would have to wait longer too – five weeks instead of the present one.

Rather than spend time arguing the merits of cutting a benefit already so low it can barely be lived on, Treasurer Scott Morrison, Social Services Minister Christian Porter and Education Minister Simon Birmingham delivered instead what amounted to a threat: if the Senate didn't cut the unemployment benefit, they might not fully fund the National Disability Insurance Scheme.

But not at first. In a burlesque twist, they opened the press conference spruiking the case for an unfunded massive company tax cut.

* Images found at Google Images

Of the 2,145 species studied forty-seven per cent of land-based animals and over twenty-three per cent of threatened birds may have already been negatively impacted by climate change

NATURE.COM, Nature Climate Change,  Letter, abstract, 13 February 2017:

Species’ traits influenced their response to recent climate change

Michela Pacifici, Piero Visconti, Stuart H. M. Butchart, James E. M. Watson, Francesca M. Cassola & Carlo Rondinini

Although it is widely accepted that future climatic change—if unabated—is likely to have major impacts on biodiversity1, 2, few studies have attempted to quantify the number of species whose populations have already been impacted by climate change3, 4. Using a systematic review of published literature, we identified mammals and birds for which there is evidence that they have already been impacted by climate change. We modelled the relationships between observed responses and intrinsic (for example, body mass) and spatial traits (for example, temperature seasonality within the geographic range). Using this model, we estimated that 47% of terrestrial non-volant threatened mammals (out of 873 species) and 23.4% of threatened birds (out of 1,272 species) may have already been negatively impacted by climate change in at least part of their distribution. Our results suggest that populations of large numbers of threatened species are likely to be already affected by climate change, and that conservation managers, planners and policy makers must take this into account in efforts to safeguard the future of biodiversity.

UPDATE

Climate Home, 21 February 2017:

Seaweeds, invertebrates, fish and giant, ethereal kelp jungles are among a group of more than one hundred species that are being driven towards extinction by warming waters around Tasmania, an Australian senate inquiry has heard.

Neville Barrett, a research fellow at the Institute for Marine and Antarctic Studies in Hobart, where the hearing was held, told the Environment and Communications References Committee that the waters around Tasmania were a global hotspot for warming.

“I mentioned that there were 100 or more species in general of kelps and endemic fishes and things that will probably disappear over the coming century, certainly by the turn of the next century under the current bottom end of predictions of climate change,” he told Climate Home after his appearance.

“There’s a whole lot of species on the southern end of Australia that are as far south as they can currently go and some of them are already pushed to their upper thermal limit, as far as summer temperatures will go.”

Beyond Tasmania, there is no major landmass until Antarctica, meaning many species have “nowhere else to go”, said Barrett.

One such species is the giant kelp, Macrocystis pyrifera, the last stands of which Climate Home reported had been lost from Tasmania’s east coast in 2016.

Looking for work in 2017? Some advice on your rights from the experts

By and large businesses in the Northern Rivers region of New South Wales are fair to their employees.

However, there is no denying that there is an element amongst employers which attempts to take advantage of people desperate to find paid work and, under award rates, no payslips, wages not paid on time, deductions from wages for a little as dropping one small bottle of soft drink, unfair dismissal, are not unknown.

So it pays to know your rights upfront and this may help…….

Fair Work Ombudsman, media release, February 2017:

Fair Work Ombudsman out to smash myths relating to young workers

13 February 2017

The Fair Work Ombudsman is seeking to educate employees and business on the myths that are contributing to a concerning number of young workers being underpaid around Australia.

Fair Work Ombudsman Natalie James says too many people mistakenly believe that a range of workplace practices relating to young workers are OK when they are in fact unlawful.

“It’s time to address the myths that have achieved widespread levels of acceptance and are resulting in employers short-changing young workers around the country,” Ms James said. 

“Young workers make up about 16 per cent of the Australian workforce but account for a disproportionately high 25 per cent of requests for assistance to the agency. Last year 44% of the litigations we filed in court involved young workers.” 

“It is critical to raise awareness among employees and employers that they may be involved in serious contraventions of workplace laws by unwittingly continuing with practices that they believe are acceptable. 

“Young workers can be vulnerable in the workplace as they are often not fully aware of their rights or reluctant to complain if they think something is wrong. 

“We also come across too many employers who are short-changing young workers and when we contact them they say, ‘I just assumed what I was doing was OK’,” Ms James said. 

Ten common young worker myths the Fair Work Ombudsman encounters are:

MYTH 1: Paying low, flat rates of pay for all hours worked is OK if the worker agrees. 
FACT: Minimum lawful pay rates are mandatory. In many jobs, penalty rates must be paid for evening, weekend, public holiday and overtime work.

MYTH 2: Lengthy unpaid work trials are OK.

FACT: Unpaid trials are only OK for as long as needed to demonstrate the skills required for the job. Depending on the nature of the work, this could range from an hour to one shift.

MYTH 3: Employees don’t need to be paid for time spent opening and closing a store or for time spent attending meetings or training outside their paid work hours.

FACT: If a meeting or training is compulsory, then it is work. Employees must be paid for all hours they dedicate to work and this includes time spent opening or closing a store. For example, if an employee is required to be at work at 7.45am to prepare for an 8am store opening, they need to be paid from 7.45am.

MYTH 4: Employers can make deductions from an employee’s wages to cover losses arising from cash register discrepancies, breakages and customers who don’t pay.

FACT: Unauthorised deductions from an employee’s pay are unlawful. Deductions can be made only in very limited circumstances. 

MYTH 5: Employees are obliged to buy store produce such as clothing or food.

FACT: Employers cannot require staff to purchase store produce. This includes any items for which the worker may receive a staff discount. For example, an employer cannot require workers to purchase the particular clothing stocked in a retail outlet. 

MYTH 6: Unpaid internships are OK for all inexperienced young workers looking to get a foot in the door.

FACT: Internships can only be lawfully unpaid when they are a requirement of a course at an authorised educational or training institution.

MYTH 7: Employers can pay young workers as ‘trainees’ or ‘apprentices’ without lodging any formal paperwork.

FACT: Employers must negotiate and lodge a registered training contract for an employee in order to lawfully be able to pay trainee or apprentice rates. An employer cannot pay an employee trainee rates just because they are young or new to the job. 

MYTH 8: Paying employees with goods such as food or drink is OK.

FACT: Payment-in-kind is unlawful. Employees must be paid wages for all work performed.

MYTH 9: If a worker has an Australian Business Number (ABN) they are an independent contractor and minimum pay rates don’t apply.

FACT: Having an ABN does not automatically make a worker an independent contractor. Fair Work inspectors apply tests of fact and law to determine whether a worker’s correct classification is as an independent contractor or an employee. Whether an employer has labelled a worker as a contractor and required them to obtain an ABN may not be relevant.

MYTH 10: Pay slips aren’t mandatory – employers only need to give employees pay slips if they ask for them.

FACT: Employers must give all employees a pay slip within one working day of pay-day. Employers can give employees paper or electronic pay slips, such as a link sent via email. 

Ms James says that in 2017 her Agency will have a particular focus on proactively checking that employers of young workers are doing the right thing. 

“Young workers can be vulnerable, so we place high importance on checking and treat cases of their rights being contravened more seriously, which means we are more likely to pursue enforcement action,” Ms James said. 

Between July 2011 and June 2016, the Fair Work Ombudsman received more than 27,000 requests for assistance from young workers and recovered over $18 million for young workers who had been short-changed.

Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. An interpreter service is available by calling 13 14 50 and information on the website is translated into 27 different languages.

Resources available on the website include the Pay and Conditions Tool (PACT), which provides advice about pay, shift, leave and redundancy entitlements and an employer’s guide to employing young workers.

Online resources available for young workers include a guide for young workers, the ‘starting a new job’ online learning course and a range of helpful tips.

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.

Fair Work Commission, May 2016:

Awards

If you are not covered by an agreement, your minimum wages and conditions are likely to be set by a modern award

The modern award will deal with:

minimum wage rates

annual leave, and annual leave loading

other types of leave

hours of work

penalty rates, overtime and casual rates

allowances

consultation, and

many other minimum conditions.

Go to Find an award

Turnbull & Co fiddle while Australia burns

ABC News, 9 February 2017

As the effects of climate change begin to bite in Australia, the Australian Treasurer Scott Morrison refuses to rule out using money set aside in the Clean Energy Finance Corporation (CEFC) to fund a new generation of coal-fired power stations.

With the nation facing the prospect of extreme Summer temperatures with no end in sight, he then brings a lump of coal into the House of Representatives on 9 February 2017 and extolls the virtues of this dirty fossil fuel:

This is coal. Do not be afraid. Do not be scared. It will not hurt you…..It is coal that has ensured for over 100 years that Australia has enjoyed an energy-competitive advantage that has delivered prosperity to Australian businesses and has ensured that Australian industry has been able to remain competitive in a global market.

Journalist Lenore Taylor writing in The Guardian two days later on 11 February 2017:

Since it’s our job to point out things like that, here are a few facts that undermine the “coal comeback” PR strategy that started rolling out sometime last year:

Renewable energy is not “causing” blackouts. They’re primarily due to the (incredibly complicated) energy market that wasn’t designed or isn’t being run to cope with a higher proportion of renewables, and is throwing up perverse incentives that mean South Australia can have a blackout while generators are sitting idle. It would seem obvious that the answer to this problem is not to abandon all incentives for renewable energy but rather to fix the market and the rules. Cars probably got bogged when they started driving on roads designed for horses and buggies too, but it wouldn’t have been wise to respond by trying to stop the roll-out of automobiles. And New South Wales – a state that gets a very small proportion of its energy from renewables, was also facing the prospect of blackouts on Friday, which sometimes happen during peak demand but also undermine the Coalition’s simplistic arguments.

Renewables cannot take the blame for the recent rise in prices. Queensland, which also has a tiny proportion of renewable energy, has had price spikes that added an astounding $1bn to wholesale power prices just since the beginning of this year. South Australia, cited by the federal Coalition as the terrible case study of what Labor’s renewable energy policies might do, has had just a few. The Queensland price spikes are also vastly higher than those felt in South Australia last July, which were described as an emergency, according to an analysis by Dylan McConnell from Melbourne University. Weirdly, no federal ministers have been berating the Queensland government over its (fossil fuel) choice of energy source.

coal-fired power stations are not going to be built. You don’t have to go to greenies for that assessment – it is also coming from the AI Group, which represents Australia’s manufacturers, and from the Australian Energy Council, which represents the big electricity and gas businesses that generate and supply most of our energy, as well as from the head of the Clean Energy Finance Corporation – who has expert knowledge of lending to the energy sector. Business knows climate change is a thing, and that locking in emissions from a new coal-fired power station for 50 years, no matter how efficient it is and how lovingly the current ministry can carry around lumps of coal, is incompatible with our long-term climate commitment and therefore an unacceptable investment risk. When really pressed, the only way experts can imagine the construction of a new coal-fired power station is if the government pays for it, or signs a contract indemnifying the company paying for it from the impact of future climate policy. And no sane government would do that. You’d only do that if you suspected the world was about to decide climate change was a hoax or at least not so much a problem, which might explain where some of the Coalition’s coal boosters are coming from. 

Even if they were built, power from new highly-efficient coal-fired power stations would not be cheaper. In fact, Bloomberg New Energy Finance has calculated that they would be the most expensive, and dirtiest, form of power available, costing more than solar, wind and gas-fired power.

Governments could always reduce the strain on the system and help avoid blackouts by reducing energy demand but schemes to reduce demand at times of peak power usage (such as, say, heatwaves) were shelved after the Abbott government was elected, while programs for minimum energy performance standards seem to have been burned in Tony Abbott’s bonfire of red tape.

And finally, as business and industry and environmentalists and pretty much everyone who looks at the evidence (including, a while back, Turnbull) have been saying for years, the very best thing governments could do to encourage investment and a sensible low-cost transition to cleaner generation is come up with a bipartisan policy, such as the energy-intensity carbon scheme that had bipartisan political support, the backing of industry and could have reduced power prices while also bringing emissions down. But the Turnbull government jettisoned any consideration of that in less than 24 hours, apparently fearing the response of right wingers such as Cory Bernardi. He’s now left the Coalition anyway, and it still has no climate policy.

Image via @James_Orex_Eade 

On the night of 12 February 2017 I made a salad dinner thankful that the temperature inside my home was a mere 31° Celsius and there was no bushfire smoke in the air.

That same night The Sydney Morning Herald was reporting:

Turnbull government statements blaming last year's South Australian blackout on its high renewable energy target ignored confidential public service advice stating that it was not the cause, according to emails obtained under freedom-of-information rules.

With a febrile debate over renewable energy versus coal-fired generation suddenly raging in Canberra, the revelation is set to undermine the Coalition's energy messaging and shatter confidence in its call for investment certainty through sober debate and bipartisan policy solutions.  

Advice to the government dated September 29, 2016 – the day after the whole of SA went black following a devastating storm – suggested the problem had not been the state's high reliance on wind generation, but rather because key parts of its electricity distribution network were wrecked during a severe weather event.

An email trail shows among other things a senior official from Malcolm Turnbull's department seeking an explanation for the blackout at 8.31 on the evening of the storm.

Another from 7.20 the next morning outlines subsequent discussions including a 5am phone hook-up involving departmental and political staff.

That email, sent to Prime Minister Malcolm Turnbull's own officials and others, conveyed the first-blush assessment of the blackout including advice gleaned from the Australian Energy Market Operator: "There has been unprecedented damage to the network (ie bigger than any other event in Australia), with 20+ steel transmission towers down in the north of the State due to wind damage (between Adelaide and Port Augusta). The electricity network was unable to cope with such a sudden and large loss of generation at once. AEMOs advice is that the generation mix (ie renewable or fossil fuel) was not to blame for yesterday's events – it was the loss of 1000 MW of power in such a short space of time as transmission lines fell over."

Yet within hours of the calamity the Turnbull government was capitalising on the blackout, suggesting it was a function of the state's unsustainably high quotient of wind generation which had failed to keep working in the conditions....

Last week, another blackout in South Australia knocked out about 90,000 premises during an extreme heat event. The energy blame game intensified, even though the evidence again suggests there was adequate supply in the form of gas turbine generation, sitting idle, as the wind contribution fell to just 2.5 per cent.

With the growing realization that Summer weather patterns are likely extend into the first two months of Autumn this year, one has to wonder why the federal Liberal and Nationals MPs and senators have chosen this particular moment to totally suspend their critical faculties and, whether only a mounting death toll will force them to finally turn and face the problems climate change is creating for all three tiers of government, farming, industry, communities and families.

Groundhog Day for women's services in Australia

Since 2013 the Abbott & Turnbull Federal Governments have announced up to $1b in savings measures that are cutting community services for the people in greatest need in Australia:

*$500 million over five years for Aboriginal and Torres Strait Islander community services (Department of Prime Minister and Cabinet under The Hon Tony Abbott and Senator the Hon Nigel Scullion)

*$270 million over four years from social services and a freeze on indexation of sector funding (Department of Social Services under The Hon Scott Morrison)

*$15 million from the community legal sector, which remains in place for sector support and capacity, including legal aid, community legal centres, Aboriginal and Torres Strait Islander legal services, and women’s family violence legal and prevention services (Attorney General’s Department under Senator the Hon George Brandis)

*Foreshadowed cuts of $197 million over three years from health (Department of Health under The Hon Sussan Ley) [Australian Council of Social Services (ACOSS), 13 January 2017]

The Saturday Paper, excerpt from Federal cuts to family violence reform funding, 11 February 2017:

Just before Christmas, the Women’s Legal Service Victoria was notified that $200,000 of federal funding would be shaved. The service offers pro bono advice, representation and mediation for more than 3000 women each year, women who would otherwise not be able to afford it. They consider themselves a front-line service. “We can’t keep up with demand currently,” Joanna Fletcher tells me. “And this is before the cuts.”

Fletcher is the service’s chief executive. She is both angry and incredulous. “We’re already turning people away,” she says. “And it’s sad, because our service model is about providing service to those with barriers to justice. We’re now having to make decisions about what to cut, about what the least worst options are. We are incredibly frustrated on behalf of our clients. This is very short-sighted. We know from experience that early legal assistance is vital, for the protection of women but also for quicker outcomes.”

It’s a point made by all the family lawyers I spoke to for this piece: those in the legal system without representation spend a lot more time there. As well as diminishing a woman’s protection, it is ultimately costlier, and adds to procedural logjams. “There’s incredible commitment at the state level here,” Fletcher says, “but the apparent federal commitment hasn’t been followed by a financial commitment.” 

Fletcher’s Queensland counterparts have yet to be notified whether their funding will also be cut. They will be told at the end of March, but they are already preparing themselves for the worst. There is the same anger and incredulity there. “We’re absolutely alarmed,” says Angela Lynch, the acting co-ordinator of the Women’s Legal Service Queensland. “A 30 per cent cut would be catastrophic. Currently, we can only answer 50 per cent of incoming calls on our legal hotline. This will only worsen with the cuts. So, that’s much fewer women receiving advice and assistance. We’re a core service, and yet as it is we can’t properly service all women because we’re under-resourced. This is about women’s safety. Their lives.”

She said cuts “don’t make any sense when there’s a national plan, and the PM has made announcements. It makes no sense. We are a front-line service. And we do great work, and we push our money further than any other community service that I can think of. A third of our income is raised by fundraising or corporate partnerships. Up here in Queensland, family violence is still something that’s publicly discussed. There’s the rollout here of the Not Now, Not Ever recommendations. There was the horrific reminder of its importance last week, with the murder-suicide of Teresa Bradford. There’s momentum. But I cannot understand these federal cuts.”

Teresa Bradford was killed by her estranged husband on the Gold Coast. He was out on bail on other domestic violence charges. After Bradford’s death, the Women’s Legal Service Queensland hotline experienced a 50 per cent increase in calls, a spike common in the aftermath of atrocities. “We’re already chronically underfunded,” Lynch says. “When you’re cutting front-line services, you have to ask: is the federal government really committed to reducing family violence? Now we wait. We’ll know on the 31st of March. But we’ve survived for more than 30 years. We’ll fight on.” 

Marlene Ebejer is the principal lawyer of Ebejer and Associates, and a family law specialist. She tells me the cuts will have “diabolical” consequences. “These cuts won’t save money,” she says. “Cutting funding for women’s services cuts legal mediations, which stops things getting to court. This is an atrocious outcome. Already the courts can’t cope. There are massive delays, and delays are extended by those who aren’t represented.” 

Ebejer speaks bluntly, and passionately, about the need for legal reform but tells me that to argue for change is to experience groundhog day. Every lawyer she knows has made the same points for years: in a system where intervention orders fall under the state’s authority, and family law courts are federal, there needs to be improved cross-jurisdictional coherence. She also argues for increased mediation, to decrease the number of matters before court, and for the proper triaging of matters.

Herald Sun, 15 January 2017:

DOMESTIC violence victims and their children in regional NSW could be put at greater risk when federal government funding cuts to legal aid services begin to kick in later this year.

The cuts will also force a legal centre in southern Sydney to axe a program providing free legal advice to international students and immigrants being ripped off by their employers.

The services are among more than 15 centres across the state being forced to axe programs for vulnerable people after the funding cuts take ­affect in July this year.

Elizabeth Evatt Community Legal Centre managing principal solicitor Arlia Fleming said the 19 per cent funding cut at her Katoomba centre would force a massive reduction in services to Bathurst and ­Lithgow.

“Currently we go to Lithgow and Bathurst on a weekly basis to give legal advice and we may have to reduce that to a monthly outreach,” Ms Fleming said.

“The most common cases we deal with are around family and domestic violence issues and this could mean children are left in unsafe situations ­because people feel like they have to hand over their children to someone who has been perpetrating violence.”……

Destroy the Joint, 19 February 2017:

President Trumble of Argentina?

First Turnbull became Trumble, then Prime Minister morphed into President and now ‘unimportant’ Australia appears to have become Argentina………

U.S. President Donald Trump, excerpt from press conference, 16 February 2017:

Same thing with Australia. All of a sudden, people are finding out exactly what took place. The same thing happened with respect to General Flynn. Everybody saw this. And I’m saying — the first thing I thought of when I heard about it is: How does the press get this information that’s classified? How do they do it?

You know what I say, when I — when I was called out on Mexico, I was shocked because all this equipment, all this incredible phone equipment — when I was called out on Mexico, I was — honestly, I was really, really surprised.

But I said “you know, it doesn’t make sense. That won’t happen” but that wasn’t that important a call, it was fine, I could show it to the world and he could show it to the world, the president who’s a very fine man, by the way. Same thing with Australia. I said “that’s terrible that it was leaked” but it wasn’t that important…..

So I’m dealing with Mexico, I’m dealing with Argentina, we were dealing on this case with Mike Flynn. All this information gets put into the “Washington Post” and gets put into the “New York Times” and I’m saying “what’s going to happen when I’m dealing on the Middle East? What’s going to happen when I’m dealing with really, really important subjects like North Korea?

We got to stop it. That’s why it’s a criminal penalty…..

Pauline Hanson gets a well-deserved "FAIL" from the grammar and punctuation police

@JohnJohnsonson obviously had a lot of fun with his red pen on 4 February 2017 J