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William Olson is American-born, but Melbourne and Geelong-based since late 2001. Freelance journalist from 1990-2004, hospitality professional since late 2004. Back into freelance journalism since 2019, covering the union movement, industrial relations, public policy, and press freedom issues existing in Australia as the main beat. Husband to Jennifer, and "Dadda" to Keira, a very naughty calico fatto catto.

9/11, twenty years on: memories launch our perspectives

Just about anyone who remembers September 11, 2001 – a full twenty years ago, to the day, of this writing – can pinpoint exactly what they were doing, who they were with, and what they were looking forward to doing in their immediate futures.

But how many can admit, or recall, with any degree of certainty, how much those aims, goals or perspectives were permanently altered?

Truth is, September 11, 2001, as a singular date, exists as – with apologies in advance to the millennials who were either born after this date or too young to remember the events of the day itself – a watershed day of linked events in the course of global history.

Every generation has their relative points in history such as those. Such as when U.S. President John Kennedy was assassinated in Dallas (that’s the one people of my parents’ generation speak to), when the Challenger space shuttle exploded in the sky, when the first Gulf War broke out, when Princess Diana was killed, or for those aforementioned millennials, when terms like “COVID-19”, “global pandemic”, and/or “lockdowns” became a part of our general lexicon.

But focusing on the day which has been abbreviated to “9/11” in the modern global parlance, many of us possess vivid memories of what they were doing at the moment, and what was to follow.

My personal story starts with me being in another country.

For those who are familiar with my life’s narrative, and not just my works of journalism, can recall that I am an American ex-pat who has lived in Australia for almost the last 20 years. In fact, this December marks 20 years since I decided to arrive on Australian shores, as a first-generation immigrant, to live here permanently.

So by that chronology, that “other country” was not Australia, but rather The Netherlands, otherwise known colloquially as Holland.

Among the variety of freelance journalism jobs that I was doing at that time, with freelance journalism existing as a self-employed pattern for myself in the first 10-plus years of my journalistic odysseys, was for a late, lamented website called DailySoccer.com, covering American soccer features and the occasional match report around the USA’s men’s and women’s national teams, Major League Soccer, and other writings of interest.

I was doing a great string of regular work for them, and getting a global exposure for my writings as well. Not bad considering a World Wide Web that was still evolving, pre-iPhones and social media and the like.

I had started freelance work for DailySoccer.com in early 2000 as I was preparing for two things – my work ahead of the 2000 MLS season and a key World Cup qualifying campaign for the USA’s men’s national team, and my first overseas trip in June, to Australia to meet Jennifer, a woman I had been chatting online with for the previous 18 months or so. That Australian visit lasted just three months on a tourist visa, but by the time it was done, I had proposed to her (she said “yes”, by the way).

So returning to the U.S., and returning to my day job, I had a wedding to finance and prepare for, the return venture to Australia for the wedding to take place in February 2002. Quite the balancing act awaited me for the next several months.

In early August of 2001, one of my editors at DailySoccer.com rang me with a different sort of proposal. (At this stage, we were speaking once per week, at least via telephone, despite the time difference between central Europe and my then-home in California.)

“William, we’re planning some exciting new changes to the website, the business model and everything else, and we want you to be a part of the launch of it all,” he said.

“That’s great! What do I have to do?” I asked in reply.

“We want to fly you over here, to partake in the meetings. How does early September, around the 8th or 9th sound? We’ll pay for your flight on KLM Airlines and your accommodation, too,” he said.

How could I say “no” to that!

Of course, that “over here” was Amsterdam, and then off to the website’s offices and my accommodation in Haarlem, about 30 minutes outside of the city.

My first trip to Europe – and return airfares from San Francisco to Amsterdam at the time were just less than $600 USD, in economy class.

I left on the morning of September 9, arrived at Schiphol Airport in Amsterdam in the middle of the afternoon same day. My hosts (office co-workers) showed me around Amsterdam and then Haarlem on the day and evening. I was so impressed, with the centuries-old history, the architecture, and everything about the cities and towns (even the “hey, it seems like everything is legal here” observation).

 

Amsterdam

 

The next day, Monday the 10th, we had the essential meetings which we had discussed, and I mentally coasted through them – my head was in a fog, not sure if it was from jetlag from the flight, or too much good Dutch beer from the night before.

Whatever it was, the buzzkill was yet to come.

As I was finally settling into a rhythm of writing features and doing other duties for the website, especially after lunch, on Tuesday the 11th, just after 2pm Central European Time, one of my editors pointed to the TV, which was on CNN International, and said to me:

“William, are you watching this? Perhaps you should.”

One plane after another hitting into the World Trade Centre’s famed Twin Towers. Needless to say, I was stunned, my eyes did not divert back to my laptop screen, and – for obvious reasons, and we already know the rest of the story in New York from here, and the consequences from it – I was excused from getting any more work done for the day.

Flights all over the world were suspended from this point, until the following weekend. “How am I going to get home?” and “How am I going to get to Australia?” were two of my most immediate thoughts. These were themes as I kept ringing nightly to my mother and brothers in California, my managers and co-workers at my day job, and to Jennifer in Australia.

The Dutch locals in Haarlem and Amsterdam, every time they’d pick up my American accent, were absolutely lovely, offering condolences for my countrymen and women, regardless of whether I was in the streets, the pubs, hotels, restaurants, wherever (including, yes, in front of the hash bars and sex hostels). And all this was occurring while my DailySoccer.com co-workers and I were contemplating the future for the world at-large. The compassionate acts were as meaningful as the larger consequences, good and bad alike.

Ultimately, I did make it home – and on the first permitted flight out of Europe, on the following Saturday, in fact – and I did eventually make it to Australia for the wedding (and yes, Jennifer and I are still married).

When I did get home, many people, especially those at my day job and other reporters whom I saw on a regular basis at soccer matches, told me how lucky I was, to be in another country when it happened.

However, this was also with the knowledge that over 2000 others weren’t so lucky: the largest American death toll from one event until the COVID-19 pandemic. In our inner circles, many of us either knew people or knew people who knew others who were involved in the 9-11 terror attacks, including those who wouldn’t come back.

These memories, along with the perspectives of how much the world has changed in the last 20 years, with global economies, the airline industry, security in general, and the geo-political spectrum having irreversibly been altered, can never be dulled from the minds of those having been touched.

It is a much different world now. And no going back to what it was then – no matter how much we long for those days.

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Inquiry’s bumpy ride awaits, after tech giants’ “blackmail” tactics

As the Senate inquiry into the Digital Media Code began on Friday, Greens senator Sarah Hanson-Young has expressed her displeasure over the lack of negotiating spirit Facebook and Google have brought to the halls of Parliament in Canberra.

In fact, after Day 1’s proceedings were completed, Hanson-Young, in her role of chairing the Senate inquiry, gave the Silicon Valley tech media giants an almighty serve in response to their testimonies.

Hanson-Young even went as far to express that their tactics of sticking to their own principles threaten an essential pillar of democracy in Australia, that of a free press.

And Hanson-Young, in return, has shown the Senate inquiry’s challengers that she is ready to wage a toe-to-toe battle, or even a bumpy ride, to fight for better journalism in Australia.

“We know that Australians value good quality journalism in this country. And in order to make good quality journalism in this country sustainable [to this point], we’ve needed to pay for it,” Hanson-Young said after the opening day’s formal presentations.

“The tech giants have been getting away with it for far too long, and with very little regulation, and one of the results is that journalism in this country is suffering,” she added.

Moreover, Google – through testimony and statements provided by Mel Silva, its managing director in Australia and New Zealand – has threatened to geo-block its services to Australian users should the Digital Media Code Bill come to fruition.

“The principle of unrestricted linking between websites is fundamental to search and coupled with the unmanageable financial and operational risk,” Silva said.

“If this version of the code were to become law, it would give us no real choice but to stop making Google Search available in Australia.

“This is our worst-case scenario, we do not want to be in this situation, we would love to get to an outcome where there is a workable outcome for all parties,” she added.

Meanwhile, Hanson-Young views Google’s position as a devious negotiating tactic equivalent to holding Australian users over a barrel.

“We are going through elements of the legislation, and there may be elements that need to be tweaked,” Hanson-Young admitted, in fairness.

“But I’ll tell you what – you don’t walk into the Australian Parliament, even if you’re among the biggest companies in the world, and especially if you’re not paying tax in this country, and blackmail the Australian Parliament and expect to get your way,” she added.

 

Greens senator Sarah Hanson-Young, holding tech giants to account in chairing an inquiry into the Digital Media Code Bill (Photo from abc.net.au)

 

Silva said during the opening day’s testimonies that Google has a history of negotiating with other countries to cut deals and bring about compromises with media companies and news publishers where the latter groups get financially compensated but at rates that are suitable to them.

“There is, however, a workable solution for Google where we would pay publishers for value, they would create and curate content and panels that would exist across several Google services. These are deals that have been done all around the world, 450 so far,” said Silva.

Meanwhile, Facebook has adopted a similar stance to that of their Silicon Valley tech neighbours, also threatening to cease with publishing links and stories from Australian media providers upon passage of the Digital Media Code.

If this exists as a virtual case of Facebook unfriending Australian content consumers, Simon Milner, vice president of public policy at Facebook, sees it as his company’s unwavering corporate policy.

Milner told the inquiry that his company had three concerns about the proposed legislation and that a possibility of a series-circuit or daisy-chain effect could ensue, starting with the mandating of commercial arrangements with every Australian media publisher.

“The sheer volume of that we regard as unworkable,” Milner maintains, in defence of Facebook’s position.

Milner also says that his company has issues with the nature of negotiations between parties as being one of binding arbitration versus an open system of good faith negotiations, leading to a non-differentiation clause.

That clause essentially means that prevents one of the tech companies, such as Facebook, from offering commercial terms to certain publishers and changing how content is displayed regardless of whatever deals have been agreed to or not.

“It means if one publisher is out, [then] all Australian publishers are out,” Milner said.

Hanson-Young rejects the notions of the tech giants, seeing their positions as untenable towards the big picture of striking fair deals for Australia’s media companies.

“If you ever needed an example of what big corporate power looks like, this is it,” Hanson-Young said.

“This is a failure of the market – and it’s about time that we regulate big tech, and it’s about time that we ensure that big corporations do not continue to have such a stronghold over democracy,” she added.

At present, amounts of collective remunerations have been debated, although those in the mainstream press – such as Nine chairman Peter Costello and News Corp Austral-Asia CEO Michael Miller – have bandied about $600 million to $1 billion as being the appropriate figures.

With the inquiry is set to continue this week, Hanson-Young said that while negotiations between the government and the tech giants may be inevitable, the Digital Media Code is a much-needed element of overall media reform, and possesses a far-reaching impact.

“The way we ensure that is to ensure that all of this country’s outlets, no matter whether it’s The Guardian, the Sydney Morning Herald, or any of the local country newspapers, the ABC, the public broadcasters, that their content created by those journalists and media agencies is actually paid for,” Hanson-Young said.

“These big tech giants have been taking this content, and using it as a part of its business model to make big profits from it for far too long.

“It has to change,” she added.

 

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Unemployment down, but recovery still way off: ACTU

Any cries from the Morrison government championing the gains in unemployment figures being tied to a greater economic outlook has a premature ring to it, Australia’s union movement said on Thursday.

As the nation’s unemployment figures fell by 0.2 per cent to 6.6 per cent for the month of December, according to the Australian Bureau of Statistics (ABS), the Australian Council of Trade Unions (ACTU) said that despite 50,000 people returning to work in 2020’s final month, 900,000 people are still looking for work with another 1.2 million being in search of more hours.

“The recovery means nothing for the more than two million workers who are still looking for a job or for more hours, this government is leaving millions of people behind,” said Michele O’Neil, the ACTU’s president.

“We have heard a lot about economic recovery, but for many Australians this is still completely out of reach,” O’Neil added.

The ACTU’s general assessments are shared by Labor MP Brendan O’Connor, the shadow minister for employment.

“Labor welcomes any additional job to the labour market,” O’Connor said on a doorstop interview in Melbourne on Thursday.

“It’s really important now, at a time when many Australians are finding it very difficult to find work or to find enough work, that we see opportunities in the labour market, and there’s been some modest signs of that.

“But there’s still a very long way to go,” he added.

The hurdles which the government has yet to clear consist mainly of the unemployment rate and a state of wage growth having been stagnant under seven years of consecutive LNP governments.

“There’s over 15 percent of Australians that are either looking for more work, or looking for any work and not being able to find it. And that needs to be therefore the goal of the government to look after those workers who are underemployed, unemployed, and also deal with the persistent low wage growth,” O’Connor said.

“We have people even when they are employed are finding it difficult to make ends meet, because of the very, very low wage growth,” he added.

And the solutions to those issues are not simple ones, either, according to O’Connor – especially when the Morrison government continues to stand by its failed and doomed initiatives with blind faith.

“What we’ve seen from this government is it’s very happy to help some, but not help everyone,” O’Connor said.

For example, the JobMaker initiative announced by the government last year was to help people recover after the end of JobKeeper. However, no worker over the age of 35 will be provided any support in looking for work, now or indeed when JobKeeper ends” at the end of March, O’Connor added.

Both O’Connor and O’Neil share the similar view that one stopgap for the economy lies within the JobKeeper and JobSeeker subsidies: extend them beyond their current planned March 31 expiry dates.

“For those hundreds of thousands of Australians that are reliant on JobKeeper, for those thousands and thousands of businesses that are reliant on JobKeeper, they have only ten more weeks before that support ends,” O’Connor said.

“And so it’s Labor’s view, and others for that matter, that there may well be many Australians that will find themselves unemployed at the end of JobKeeper, and we advise the government to properly consider extending JobKeeper for those sectors of the economy that have still been very hard hit as a result of this pandemic,” he added.

“Many sectors still badly affected by the pandemic, such as tourism, aviation and universities, are being left struggling and without support,” said O’Neil.

Further to these points, O’Neil says that the current government lacks vision to fix the economic problems brought on by the multiple crises of the global COVID-19 pandemic and a resulting once-in-a-generation national recession that Australia still finds itself in the grips of, despite recent modest gains.

“A genuine recovery from the pandemic and the associated recession requires sector support, job creation and wage growth.

“It is more important than ever for the government to look after working people, not set them back by cutting JobSeeker payments and ending JobKeeper,” added O’Neil.

“The federal government needs to do more,” O’Connor concurred.

Employment minister Michaelia Cash, whose shortcomings to adapt JobActive since February have been exposed (Photo from abc.net.au)

O’Connor also points out a significant statistical shift in existing employment advocacy programs which the government and its employment minister Michaelia Cash has failed to address in adapting its programs to the changes within rising unemployment numbers and the jobs culture as a whole.

O’Connor singled out the JobActive program, citing that it has doubled in size – from 700,000 users to 1.4 million – since February and pre-pandemic times.

“There’s been no proper examination of the effectiveness and efficacy of the Jobactive program. That needs to be attended to and examined by the government,” O’Connor said.

“But what that really says is there are many, many Australians whilst they are employed, they’re not employed with sufficient hours so they are still engaged with employment services seeking to find new work, more work, so that they can make ends meet,” he added.

O’Neil and the ACTU, meanwhile, point out that the dichotomy of the Morrison government languishing in a still-struggling economy amid cutting the JobKeeper and JobSeeker subsidies and pushing its proposed industrial relations reform legislation possesses counter-productive effects towards backing its ultimate claims that the economy is recovering.

“The Morrison government’s plans to cut income support and introduce industrial relations legislation which cuts workers’ pay and conditions will worsen unemployment, increase insecure work and further drive down wage growth,” O’Neil warned.

 

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MEAA issues wish list over proposed media reforms

The union which oversees its member journalists and others involved with media and creative arts in Australia has issued a list of concerns in conjunction with two major media reform-related actions, less than a fortnight away from the federal Parliament convening for the first time in 2021.

The Media, Arts and Entertainment Alliance (MEAA), in a pair of general statements speaking for the position of the entire organisation, has forwarded its submission for the Senate Media Diversity inquiry as well as a separate submission aimed at the News Media Bargaining Code Bill (2020).

The latter submission – put forth just on the Senate’s closing date of January 18 – has the MEAA playing its part to contend with the presence of digital giants such as Facebook and Google, and ensuring that the Silicon Valley giants pay Australian media providers fairly for running their content.

The flow of funds into directly producing domestic content, via bargaining agreements between any of the digital giants and any single domestic-based media provider, and the fear of negotiations breaking down or not possessing its intended results of renumeration exists as one of the MEAA’s collective fears over the bill.

“MEAA objects to the Code’s incorporation of a two-way value exchange principle will diminish the Code’s effective operation. It is an unreasonable concession by the [Morrison] government,” the union said in its submission.

The MEAA would also like some form of explanation, in economic or mathematical formulas or otherwise, as to how individual media outlets will be compensated by Facebook or Google to run their content.

“MEAA is unaware of any reliable means of rationally calculating the ‘benefits’ of Google and Facebook referring traffic to news company websites. It is an overly-elastic concept that is barely articulated or defined in the bill,” the MEAA says.

“In MEAA’s opinion, this measure will frustrate bargaining and resolution of disputes about the value of news content carried by Google and Facebook. MEAA submits that this concession be dispensed with, or at the very least, critically evaluated during the mandatory review scheduled within one year of the Code’s commencement,” the union added.

In the former submission, the Senate media diversity inquiry to be chaired by Greens senator Sarah Hanson-Young, the MEAA provided a list of areas of recommendation that it would like to see covered when the inquiry commences.

  • Amend competition and other laws to prevent mergers that lead to more harmful levels of media concentration
  • The Australian government must urgently progress the Mandatory News Media Bargaining Code and extend the operation of the Public Interest News Gathering (PING) program
  • The Australian government should review and adapt critical measures recommended in the United Kingdom and Canada such as: directly funding local news; offering taxation rebates and incentives; and part-funding editorial positions
  • Government assistance should be reset to ensure funding is available for new media organisations, as well as traditional media companies
  • Public broadcasters must be funded in a way that acknowledges the need to provide comprehensive, high-quality cross-platform media content in all parts of Australia
  • The future of the AAP should be sustained through regular, annual relief grants
  • And the regulation of media content should be strengthened and overseen by a single entity

“2020 [saw] the best and the worst of Australia’s media,” the MEAA has observed.

“Australians have relied on journalists and news outlets [in 2020] in a way that hasn’t been experienced in many years.

“It has shown public interest reporting at its finest,” the MEAA adds.

However, the MEAA, in its dot-points of desires for the Senate inquiry, it observes that a paradox exists where while news organisations are breaking new ground in public interest journalism and reporting, economic declines among news organisations remain a part of a stark reality in the journalism industry, as evidenced in a decade-long trend.

And just like with the News Media Bargaining Code Bill, the presence and impact of digital giants such as Facebook and Google looms large.

Previously, layoffs of editorial positions in the thousands have occurred in the last ten years, and 1000 of those job losses in 2020 alone, which the MEAA has tied into the influence of digital publishing as well as a lack of diversity in the mass media in Australia.

“The loss of these journalists, sub-editors, photographers and other positions – and in many cases the mastheads that once employed them – means fewer outlets are covering matters of public interest and significance. In our view this has led to a dangerous fall in media diversity,” the organisation added.

Moreover, the MEAA is also concerned with the lack of ethical conduct of media organisations, and in the mainstream in particular, and has tied this into the lack of diversity and competition therein.

“The power of the few is not always wielded in a responsible or ethical way. In some instances, it has led to a rise in news coverage where the veracity of content is often untested and where ‘balance’ in news reporting can equate to the publication of meritless or misleading arguments,” the MEAA stated.

The MEAA has also implored that integrity issues – particularly in the reputation around the tabloid culture represented in the mainstream media – need to be discussed in the Senate inquiry, or any debate on media reform.

“In a truly plural media environment, the capacity of one voice to steer public opinion in a particular way is limited. In Australia, getting one powerful voice offside can have damaging consequences,” the MEAA stated.

“Where too few voices dominate the media landscape, journalists have reduced job options and might be forced to stay at an outlet because of a lack of opportunities.

“In order to keep their jobs, some inevitably feel pressured to abide by editorial preferences they might not be comfortable with, or which run contrary to the MEAA Journalist Code of Ethics,” the MEAA added.

The Senate inquiry, as well as debates on the News Media Bargaining Code Bill, could occur at any time after the federal Parliament reconvenes from its summer break as early as February 2, subject to a drafting of an agenda of items.

Nonetheless, these two legislative matters – and the MEAA’s potential to use its influence upon shaping them – illustrate that media reform areas will emerge as a hot-button topic throughout 2021.

 

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Porter’s bills may sink BOOT into penalty rates, warns Burke

Shadow industrial relations minister Tony Burke has warned that Australian workers may lose their penalty rates by the end of January 2022 – not via targeted cuts, but through knock-on effects previously outlined in Attorney-General Christian Porter’s industrial relations reform bills.

In contrast to the planned penalty rate cuts the Turnbull and Morrison governments executed in a three-year interval from 2017 to 2019, workers may see their wages drop markedly across four major summer-based public holidays if the Better Off Overall Test (BOOT) results in being revamped upon passage of Porter’s proposed legislation of two bills on industrial relations reforms.

Successful passage of Porter’s legislation, crafted and presented in federal Parliament’s final sitting week of 2020 last month when representatives between union leaders and the business lobby failed to previously come to an agreement on areas of reform, could even see the BOOT halted for any length of time.

“Australian workers could lose between $840 and $1170 from their pay packets next summer holidays if Scott Morrison gets his way and public holiday penalty rates are scrapped,” Burke said on Thursday.

The BOOT – according to the Fair Work Commission – in considering labour and remuneration terms which may be more or less beneficial overall to employees in an individual agreement versus that of a Modern Award for a particular industry, views an overall assessment being made as to whether employees would be better off under the agreement than under the relevant award.

Instead, under Porter’s scheme of industrial relations reform measures, the BOOT could be suspended in particular situations as deemed practical by the FWC, thereby leading to workers’ wages potentially being lost during the summer holidays.

“The Government recognises the BOOT’s importance as a key safeguard for workers,” Porter said last month in promoting his reform bills.

“Given that many industries are still reeling from the impacts of the pandemic, it also makes good sense for the FWC to be able to consider agreements that don’t meet the BOOT if there is genuine agreement between all parties, and where doing so would be in the public interest,” he added.

In a retaliatory blow aimed against Porter’s bills, Burke has taken the difference between the base and public holiday pay rates of typical award workers who work standard eight-hour days across Christmas Day, Boxing Day, New Year’s Day and Australia Day – four public holidays over a month’s span.

Moreover, Burke has compiled a list of figures taken from the government’s own fair pay calculator to arrive at his conclusions.

“Millions of workers across the economy are vulnerable to attack under Mr Morrison’s nasty industrial relations changes,” said Burke.

And by Burke’s figures, no one industry will be immune to the changes, provided that the reform bills are approved.

“From cleaners to miners, aged care workers to waiters, checkout operators to nurses – all could take a massive pay cut if Mr Morrison is successful in suspending the Better Off Overall Test,” he said.

The list of which workers in each industry could stand to lose the greatest amounts of their wages per December and January public holiday:

  • In aged care – $270
  • Banking, finance, or insurance (Level 3) – $293
  • Cleaners (Level 2) – $263
  • Junior fast food worker – $227
  • Retail – $220
  • Underground miners – $287
  • Hair salon attendants and/or beauticians – $272
  • Registered nurses (Level 5) – $223
  • Hospitality (Level 2) – $210
  • Restaurant waiters – $215

Burke also added that in the other 48 or so weeks of the year, suspension or bypassing the BOOT could potentially see workers losing their weekend, early morning and late-night shift penalty rates as well as those for public holidays.

“If you abolish something called the Better Off Overall Test, guess what will happen: workers will be worse off,” said Burke.

Porter claims that, in a summary of his authored reforms, a re-establishment of enterprise bargaining via a 21-day approval deadline will drive wage growth and gains in productivity, even at the expense of the BOOT on a case-by-case basis.

And if it runs side-by-side with other areas of the proposed legislation, particularly, a simplification of awards in what Porter has specified as the retail and hospitality sectors, it may have the reverse effect.

The union movement remains understandably livid over the possibility of penalty rates being collateral damage in any applications of industrial relations reform.

“When WorkChoices was introduced, employers rushed out to cut wages — the same will happen if this law passes,” Sally McManus, the national secretary of the Australian Council of Trade Unions (ACTU), said last month in response to Porter’s industrial relations reform bills.

“We believe this is the wrong thing for the country.

“We should be protecting working people at this time in order to grow the economy; you can’t go about hurting working people — that’s exactly the opposite to what you should be doing,” McManus added.

Burke also pointed out that the intentional cuts to penalty rates failed to create a single job, despite government promises to the contrary when the proposals were first floated.

“But now they want us to believe that cutting more penalty rates, cutting overtime, cutting shift loading, cutting allowances will create jobs?” Burke said.

Burke feels that Porter’s industrial relations bills should be doomed to fail – and the Morrison government is lacking priorities to growing the national economy out of recession.

“Pay cuts are bad for workers and bad for the economy. For Australia to recover from the recession we need people with the money and confidence to spend,” said Burke.

“The government says the economy is doing well enough that businesses no longer need JobKeeper. But then they say the economy is doing so badly they need to cut the pay of workers.

“They can’t have it both ways,” added Burke.

 

Also by William Olson:

Corruption viewed within fine print of super reforms

Now is not the time for subsidy cuts, says ACTU

Qantas workers cannot be denied sick leave, says ACTU

MYEFO missing points on long-term recovery: ACTU

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Corruption viewed within fine print of super reforms

Australia’s union movement has steadfastly rejected the Morrison government’s latest proposed reforms on superannuation on the grounds that workers would be worse off if choices about such accounts were left to the banks rather than to themselves or their employers.

And in addition to leaving Australia’s working classes potentially being worse off for retirement, the proposed reforms would leave the banks richer and grant the government’s superannuation minister – presently, Jane Hume – with a set of new powers that would go unchecked and with zero accountability.

In essence, the government seeks to use its Parliamentary and legislative powers to overhaul the superannuation system.

And doing so in a manner that leaves a trail of corruption in its wake, especially after the Australian Council of Trade Unions (ACTU) has recently called for an ending of a freeze on superannuation rates that have been an LNP government policy staple since 2014.

“The union movement stands ready to resist any attacks on workers’ retirement savings. Like with Medicare, we need to improve and strengthen our retirement system, which is already the envy of the world – not tear it down,” Michele O’Neil, the ACTU’s president, said last month when defending the status quo of the superannuation system.

Under the government’s reform proposals, whose exposure drafts and explanatory materials are being weighed up in the midst of a Federal Senate Inquiry on the Superannuation Sector, would take the rights of choice among superannuation funds away from workers, particularly those new to the workforce or to a new employer, and be steered towards any for-profit funds run by the banks.

The ACTU, by labelling these reforms as “predatory”, views the suggested reforms as being politically motivated and as an attack based on ideology, and have unsurprisingly called for their legislative defeat.

“The federal government’s superannuation reforms will shortchange workers and erode the hard-won retirement savings of millions of Australians,” Scott Connolly, the ACTU’s national assistant secretary, said on Monday.

“A worker could be locked into an underperforming for-profit fund that is funnelling money to shareholders through exorbitant administration fees – and be misled by the Government that they are in a good fund,” added Connolly.

The ACTU juxtaposes the Industry Super network of superannuation funds against the perils of the banking-based for-profit funds advocated by the LNP and the Morrison government, due to the fact that Industry Super-linked funds perform better via all profits going to each of its respective fund’s members.

However, under the government’s reforms, that would change, thereby leaving workers worse off in the long run towards planning their retirements.

“If these laws are passed, for-profit funds will have a systemic advantage over all-profit-to-member funds, leaving workers worse off,” said Connolly.

“The exposure draft legislation represents an attack on working people, their retirement savings, and the best performing and best-governed superannuation funds,” he added.

As the superannuation sector inquiry is scheduled to resume in the Senate next month when the federal Parliament returns from its summer break, and expected to wrap up in March, the Department of the Treasury highlights its reform package to include:

  • Members being given notification upon whenever a superannuation fund fails an annual transparency performance test administered by the Australian Prudential Review Authority (APRA), and if this occurs two years in a row, trustees for such superannuation products are prohibited from accepting new beneficiaries into the product
  • Providing certainty and transparency about the basis by which superannuation products will be ranked and published on a website maintained by the ATO
  • Invoking a new set of standards to ensure that superannuation trustees work in a manner upholding its members’ best interests.

Employers will still be required to make contributions to an employee’s single nominated superannuation fund. However, wrinkles are being proposed to ensure that unnecessary fees and insurance premiums are not paid on unintended multiple superannuation accounts.

“It is no coincidence that administration fees are excluded from benchmark proposals, as for-profit funds performances will be overstated to members and potential members,” said Connolly.

The ACTU has also brought the recent memories of the Banking Royal Commission into recall, as the proposed superannuation reforms would grant extended powers to whomever its minister would be.

As Hume currently holds the portfolio for superannuation, as she has within the Morrison government since 2019, a bit of background about her history is required – especially since she is facing the prospect of having her powers expanded in a big way.

Although Hume served as a senior strategic policy advisor with Australian Super prior to her ascension to politics as a Senator for Victoria in 2016, she possesses a storied past in the banking sector.

Hume was a former Deutsche Bank Australia vice president in 2008-09 after previously working as a National Australia Bank sales and marketing research manager, investment manager and a private banker from 1995-99 before moving on to Rothschild Australia as a senior business development manager in the asset management division, and briefly as a key accounts manager from 2000-2002.

Any superannuation minister, present or future, would be given the power to possess the authority to deem as illegal any expense, investment, or activity, by any fund, at any time, as well as extending the preference for a single superannuation fund over any or all others while lacking the transparency is not required to give notice nor reason for those actions.

Moreover, the decisions of the minister nor any new regulations undertaking under the minister’s watch do not require to be challenged in court.

Given the context of what the Banking Royal Commission revealed, Connolly and the ACTU have called out the rogue nature of these reforms – as well as the extended, unchecked powers of any current or future superannuation minister for the government of the day.

“Despite the Banking Royal Commission finding for-profit funds blatantly rorting members, the government continues to favour them by making benchmarking based on net investment return,” said Connolly.

 

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Now is not the time for subsidy cuts, says ACTU

The timing of cuts to government welfare subsidy programs such as JobSeeker and JobKeeper still lacks an appropriate nature at the start of 2021 as the Australian economy still lags in times of a recession, the Australian Council of Trade Unions (ACTU) said in its New Year’s message.

Addressing the nation’s workforce, and speaking specifically to the plight of the unemployed, under-employed and those labouring in insecure jobs, Scott Connolly, the ACTU’s assistant secretary, said that while unemployment rates remain high, the Morrison government going ahead with its cuts to subsidy packages takes much-needed money out of the hands of those who can best boost the nation’s flagging economy.

Initially lauded for introducing subsidies to help the suddenly-unemployed when the COVID-19 pandemic was declared in March, the government under Prime Minister Scott Morrison and federal treasurer Josh Frydenberg has proceeded to slash JobSeeker recipients’ coronavirus subsidy from its original $550 per fortnight to complement the old NewStart base rate of $559.00 per fortnight, to $250 per fortnight as of 25 September to $150 per fortnight effective their first full fortnightly reporting interval in 2021.

Connolly cites that living on an average of $51.20 per day after the most recent cut leaves JobSeeker recipients struggling even further to spend money on life’s necessities of rent, bills, and groceries, let alone anything beyond them.

“After a year spent battling bushfires and surviving a pandemic, the last thing Australians should have to worry about now is how they will pay their bills or put food on the table,” Connolly said on Friday.

The JobKeeper subsidy is also meeting the government’s machete chops, to the tune of $100 per fortnight, taking it to $1000 per fortnight for workers that had performed part- or full-time positions, or $650 per fortnight for those working under 20 hours per week.

And Connolly stresses that the cuts add up, especially for those who had been used to the struggles of their normal everyday lives.

“For many Australians, the JobKeeper coronavirus supplement meant that for the first time, they were able to eat three meals a day, or purchase much-needed medications,” Connolly said.

“To take that away from them now as this difficult year draws to a close is both callous and heartbreaking,” he added.

As reported by the Australian Bureau of Statistics (ABS) last month in its November figures, the national unemployment rate continues to hover at 6.8 per cent – which represents an improvement of 0.2 per cent from October as workers who were put aside by their employers at the start of the pandemic returned to their duties represented a portion of those responsible for the improved numbers.

However, as the union movement and the Australian workforce continue to struggle with the impact of the current state of unemployed and under-employed as well as those embroiled in a spate of insecure jobs, Connolly also cites the recent resurgence of positive COVID-19 cases in New South Wales and Victoria as another factor as to why Morrison and Frydenberg would have been justified to delay the current round of cuts.

In fact, Connolly and the ACTU claim that the failure to even consider this action revealed a lack of proper initiative on the part of the government.

“With COVID-19 resurging in NSW and the national economic crisis far from over, cutting economic support to millions of struggling Australians is also an extremely irresponsible act,” Connolly said.

Bill Shorten, the former leader of the Labor party now serving Anthony Albanese’s shadow government as its minister for government services, concurs that the timing is poor to go ahead with the scheduled cuts.

“The government should reconsider it,” Shorten told Nine’s Today program on December 29.

“We are not out of the woods yet with this pandemic and the economic effects. They are reverberating around the economy, especially in regional towns and suburbs where there are a lot of casual workers who have bourne the biggest brunt.

“For the less well off, we shouldn’t be cutting their circumstances at this point in time,” Shorten added.

Youth unemployment remains another factor which the unions and government figures alike are grappling with, as the recent round of cuts will likely hit workers aged 16-to-24 years of age even worse.

According to the ABS in its November statistics on employment, youth unemployment currently sits at 15.6 per cent – and noting a 12-month increase of 4.1 per cent over the year before – and while that figure calculates to more than double of the national general rate of unemployment, fears abound of what impact that may have on the economy.

Especially when disabling demographics of people who are otherwise motivated to spend money to inspire a struggling economy.

“Cutting the rates of JobKeeper and JobSeeker is only going to worsen the impact of the coronavirus crisis on young workers and our community. We need jobs, not cuts,” Young Workers Centre manager Arian McVeigh said back in September, when the first cuts to JobSeeker and JobKeeper were on the eve of occurring.

 

Arian McVeigh, manager of the Young Workers Centre, who warned about the impact of JobSeeker and JobKeeper cuts back in September (Photo from abc.net.au)

 

Moreover, when the initial JobSeeker and JobKeeper cuts took effect, it was forecast to stifle the Australian economy by $31.2 billion according to a joint report from economics analysis firm Deloitte and the Australian Council of Social Services (ACOSS) – and while real figures to confirm the degree of impact have yet to be released, agreements range widely outside of government figures which confirm that consumers lack the confidence to spend money.

Advocates for the “Raise The Rate For Good” hashtag trending across social media would claim that a move to raising the old NewStart rate permanently – which has not occurred since 1994 – would help restore that confidence.

And while the ACTU has pushed for that payment to resemble the original JobSeeker amount, Labor ministers such as Shorten and Linda Burney, the ALP’s shadow minister for families and social services, have vowed to attack the issue when Parliament sits for the first time in 2021 next month before the current rate of JobSeeker and JobKeeper subsidies are set to expire at the end of March.

“Around two million Australians will be impacted by the government’s scheduled cut to the coronavirus supplement next March,” Burney said last month when announcing a similar bill to the upper house.

“Returning unemployment support to the old base rate places millions of Australians at risk of hardship and jeopardises local jobs,” added Burney.

 

Also by William Olson:

Qantas workers cannot be denied sick leave, says ACTU

MYEFO missing points on long-term recovery: ACTU

ASIO bill reforms aren’t enough, say MEAA and Greens

Insecure work inquiry forthcoming: Tony Burke

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Qantas workers cannot be denied sick leave, says ACTU

The Australian Council of Trade Unions (ACTU), in keeping with their reputation to doing anything to ensure that the nation’s workers receive their proper contractual award obligations, is going to the High Court to win sick leave entitlements for the workers of Qantas.

According to Scott Connolly, the ACTU’s assistant national secretary, the airline giant colloquially known as an Australian icon, and the giant red kangaroo logo usually being the first thing tourists entering Australia see when they go through the nation’s airports, has not been extending the sick leave entitlement to its employees for a number of years.

In some cases, it has been decades of Qantas workers allowing their sick leave entitlements to accrue, mainly due to the failure of Qantas’s front offices and human resources divisions to invoke its duty of care to extend those entitlements to employees who need it most.

One such hard-hit case is that of Peter Seymour, a 31-year Qantas veteran push-back/aircraft driver based at Sydney Airport who has been battling cancer since receiving his diagnosis a year ago, saying that the company has failed to pay out a single cent of his sick leave entitlement.

“I love my job but that was a huge smack in the face,” Seymour said on Wednesday, as the ACTU was announcing its High Court action with multi-union backing on behalf of the workers of Qantas.

“I was treated just like a number [by the company].

“I could not stay on JobKeeper because I’ve got bills to pay, so I was forced to take redundancy from the company. I’ve just turned 64 and I still have to work, I now have to find a job” despite his cancer diagnosis, Seymour added.

Instead, Seymour had to suffer the further indignity of being contacted by the company via an e-mail that he was being made redundant and forced onto the JobKeeper stimulus – which possesses a much lower rate to award to him than a payout from Qantas – in place of any accrued sick leave entitlement.

“Qantas’ behaviour toward the most unwell people in its workforce has been callous and illegal,” said Connolly, who also cited the case of one other unnamed Qantas employee who after receiving a diagnosis of heart disease, was also given the same fate by the airline company.

“That’s why we fully support this bid to have this matter heard in the High Court,” added Connolly.

The case – being brought under the auspices of the law firm of Maurice Blackburn on behalf of the Transport Workers Union (TWU), the Electrical Trades Union (ETU), the Australian Workers Union (AWU) and the Australian Manufacturing Workers Union (AMWU), all unions with vested interests among Qantas’s workforce – has found its way to the High Court after being rejected in the Federal Court last month.

Maurice Blackburn employment law principal Giri Sivaraman and the ACTU were united in agreement that this case being presided over by the High Court is bound to leave a precedent on workers’ rights cases over any sort of leave entitlements for years to come.

“We say that you can’t stand someone down who is on sick leave, and if you can’t stand them down then you can’t withhold sick leave payments from them,” Sivaraman said outside the High Court in Canberra.

“This appeal is not just important for Qantas employees who’ve been unfairly denied access to their own sick, compassionate, personal or carer’s leave, it’s critical to all workers in Australia who may be stood down in the future,” added Connolly.

As expected, Seymour’s union, the TWU, is not only backing him but potentially countless others whose entitlements may become denied to them by any employer, and not one with the wealth of Qantas.

“Qantas has received over $800 million in [JobKeeper] taxpayers’ support to help it during the pandemic but instead of acting like a responsible employer in return it is trashing lives and trashing jobs,” said TWU national secretary Michael Kaine.

Qantas CEO Alan Joyce, whose company has received $800 million in government funding, JobKeeper and otherwise, during the pandemic. (Photo from abc.net.au)

And Kaine believes that any sort of government stipends, stimulus endeavours or other fundings should come with a strict set of terms and conditions, especially when workers’ lives and well-being remains at stake.

“Denying sick workers the leave they have built up and pushing them in some case out of their jobs in order to access redundancy payments to pay bills is utterly despicable.

“The Federal Government could tie conditions to the public money it is pumping into Qantas to force it to act responsibly but it is choosing not to,” added Kaine.

The other unions involved in the ACTU’s case remain resolute and defiant in fighting the case on behalf of all of its workers past, present and future.

“We make no apology for continuing our pursuit to right these wrongs. This is another very important step in the fight to ensure every worker in this country can access their sick leave when they need it most,” said Allen Hicks, the national secretary of the ETU.

“It adds insult to injury for sick Qantas workers who now have to defend their right to sick leave entitlements in the High Court,” said Steve Murphy, the national secretary of the AMWU, who added that the fight in the High Court amid Qantas’s decision could not come at a worse time in 2020.

“Essential workers stepped up during the year from hell, now Qantas is out-of-control, leaving it’s sick workers behind during their time of need – at Christmas,” said Murphy.

 

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MYEFO missing points on long-term recovery: ACTU

Unemployment numbers were reported to have improved on Thursday while federal Treasurer Josh Frydenberg claimed that Australia’s economy was rebounding – but the Australian Council of Trade Unions (ACTU) sent out a message of its own: increase wages and help the insecure workforce, and the nation can be guided out of recession.

As the Australian Bureau of Statistics (ABS) was reporting two divergent numbers relating to the nation’s employment figures – unemployment had improved by 0.2 per cent to 6.8 per cent for the month of November, but also noted that underemployment figures had improved by 1.0 per cent to 9.4 per cent – Michele O’Neil, the ACTU’s president, insisted that wage growth was the best way to ensure a faster and stronger economic recovery.

And as O’Neil’s comments come in the wake of Thursday’s Mid-Year Economic and Fiscal Outlook (MYEFO) presentation update by Frydenberg and Simon Birmingham, the government’s minister for finance, she pointed out that the government’s update lends very little hope for those who had sacrificed close to a year of their working lives in 2020.

“The government had an opportunity to show that they do really care about the future of so many unemployed and underemployed Australians, but failed to deliver that today,” said O’Neil.

“We must not forget that 2.2 million Australians will be facing the end of the year with no job or not enough hours, and the government’s mid-year economic statement does not deal with this fundamental issue,” she added.

The ACTU also advised that the nation’s under-employment figures come with a caveat: while it is encouraging that people are returning to work, the government, as well as the ABS, defines anyone who works as little as an hour per week as being employed.

It also said that any current signs of recovery out of a once-in-a-generation recession possess a shaky foundation – of that recovery being quite fragile, warning that the jobless rate could possibly return to COVID-level rates without the proper vision and leadership to create jobs and increase wages.

“They had an opportunity today to redirect unspent JobKeeper to reverse the cut in payments coming at Christmas and to fund programs that would deliver decent secure jobs that help rebuild our economy, but have shirked that responsibility,” said O’Neil.

“Further, there is no plan to lift wages which have now seen eight years of low growth including the lowest on record – and we know that unless workers have confidence to spend the economy will suffer. Instead, the Morrison government has introduced industrial relations legislation which will cut workers take-home pay,” O’Neil added.

Meanwhile, both Frydenberg and Birmingham used the occasion of the MYEFO to thump the collective chest of the Morrison government, claiming that economic recovery is underway.

“Today’s [federal] budget update confirms Australia’s economy is rebounding strongly,” Frydenberg said.

“The updated numbers are encouraging and better than what was expected at budget just ten weeks ago,” the Treasurer added.

“This Budget update tells a story of resilience, of recovery and of Australians getting back to work. Stronger business and consumer confidence means more Australians are in jobs [and] there are fewer demands on government programs and stronger than expected revenue,” said Birmingham, who has forecast that the budget deficit is expected to be $24 billion less than previously anticipated.

“These forecasts, along with the other economic forecasts, stand Australia in incredibly good stead, relative to many other comparable nations. In summary, Australia’s economic and fiscal strength enabled us to enter the COVID-19 crisis with resilience,” added Birmingham.

O’Neil also put the government’s figures – which also included a line from Frydenberg saying it could take up to four years to return the unemployment rate to pre-pandemic levels – in a perspective, that revenue numbers over deficits wouldn’t be possible without tax-related incentives to businesses.

And she feels that a long-term plan for growing the economy, raising wages for all workers, and jobs-based growth has been lost in the government’s feel-good messages.

“The government has chosen the ‘low road’ recovery, with un-tied tax cuts to big business, and failed to deliver a nation-building approach to job growth,” O’Neil said.

Previously, the ACTU had called for the Morrison government to adopt and implement its National Economic Recovery Plan (NERP), a jobs-based economic recovery blueprint geared towards getting Australia out of recession, on several occasions since unveiling it in July.

Areas such as creating more secure jobs, extending childcare and early learning free of charge, investing in job-training facilities and programs, such as the TAFE system, investing in the nation’s university system, and placing a focus on jobs and investment in the manufacturing sector, were among the items on that blueprint.

But as wage growth has stagnated under successive LNP governments since 2013, the view of O’Neil and the ACTU which holds that area as the most critical means of pushing economic recovery is shared by Brendan O’Connor, Labor’s shadow minister for employment and industry.

 

Shadow employment minister Brendan O’Connor, spruiking direct action to combat a jobs crisis (Photo from TWU Vic/Tas)

 

“If the economy was as strong as the Treasurer claims, there wouldn’t still be a million Australians stuck in the jobless queues, 1.4 million workers underemployed and more left out and left behind in this recovery,” O’Connor said earlier in the week.

“While too many Australians and communities are hurting, the Liberals and Nationals are reverting to form and using the pandemic as an excuse to cut workers’ pay, cut super and strip protections from borrowers,” added O’Connor, who earlier in the month announced on behalf of the ALP what it calls a Pandemic Recovery Jobs and Industry Taskforce.

As the ALP’s initiative could be viewed as a complement to the ACTU’s NERP blueprint, O’Connor says it runs counter to what the Morrison government has been alleged to be doing in the heart of a jobs and economic crisis – leaving people to go at it in a survival-of-the-fittest regimen.

“The Taskforce will travel around the country – particularly to outer-metropolitan, regional and rural areas – to hear from employees, employers, unions, industry bodies, academics and experts about what is needed to best respond to the Morrison recession,” O’Connor said.

 

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ASIO bill reforms aren’t enough, say MEAA and Greens

Wedged between the recent passage of legislation expanding Australia’s spy agency’s powers and a date for a Senate inquiry into press freedom after the New Year, Attorney-General Christian Porter and the Morrison government announced on Wednesday a range of measures aimed at enhancing public interest journalism and the protection of whistle-blowers.

However, both the Greens and the Media, Entertainment and Arts Alliance (MEAA) have criticised the government’s announcement, claiming it doesn’t go far enough to prevent the persecution of journalists and others acting in the public interest.

And those bodies collectively warn that such persecution can ultimately lead to prosecutions unless further revisions are taken.

“Under the reforms proposed by the Attorney-General today, journalists can still have their homes or workplaces raided without prior knowledge,” said Sarah Hanson-Young, holder of the communications portfolio for the Greens, in a reaction to Porter’s announcement.

“Journalists and their employers will still not have the right to appear before a judge and contest a search warrant before it is executed.

“Journalism remains a crime and journalists can still be jailed under these reforms,” added Hanson-Young.

Marcus Strom, the MEAA’s media federal president, called for greater action to counter any shortcomings that a Peter Dutton-sponsored piece of legislation passed in Parliament’s final sitting fortnight contained in the way of oversights and transparencies.

“The impetus for this review was the raids on consecutive days in 2019 of the home of News Corp journalist Annika Smethurst and the ABC offices in Sydney,” Strom said.

“Government agencies can still obtain warrants to investigate journalists in secret, and journalists and their sources can still be jailed for truth-telling.

“There is an urgent need for much broader reform to remove laws that criminalise journalism,” Strom added.

Dutton’s piece of legislation was aimed at increasing the powers of the Australian Security Intelligence Organisation (ASIO) to include investigations aimed at anyone from private citizens and residents, even as young as 14 years of age, to anyone acting in a public-interest capacity, such as journalists and whistle-blowers.

And while Hanson-Young and the Greens had already arranged and announced a Senate inquiry into media freedom in Australia to take place in February after Parliament reconvenes after its summer break, Porter defends his department’s announcements as being a step in the right direction.

 

 

“Transparency is a key foundation of a healthy democracy and these reforms support the right of journalists and whistle-blowers to hold governments at all levels to account by shining a light on issues that are genuinely in the public interest,” said Porter.

Specific to journalists and public-interest journalism, amendments to Dutton’s recently-passed legislation would include:

  • only Supreme or Federal Court judges would have the ability to issue search warrants against journalists for disclosure offences
  • warrants would only be issued against journalists for disclosure offences after consideration by a Public Interest Advocate
  • greater justifications would have to be given in relation to warrants exercised against journalists, and
  • the government would be required to consider additional defences for public interest journalism for secrecy offences

“Our reforms will ensure the [ASIO Amendment Bill] is clear and understandable and provides an effective legal framework that supports and protects public sector whistle-blowers, while balancing important national security considerations with regard to the unauthorised release of sensitive information,” said Porter.

However, bodies such as the Public Interest Journalism Initiative (PIJI) have said that the inquiry to be chaired by Hanson-Young must include press freedom areas among:

  • enshrining a positive protection for freedom of speech and freedom of the press in Australian law
  • with regard to broadening shield laws, Protection would have to be extended to all those involved in the newsgathering and publication process whose material or evidence may tend to reveal the identity of a source
  • journalists and their employers should be informed when enforcement agencies seek access to their metadata and journalist information warrants should be contestable by the subject of the warrant and their employer
  • and the public interest consideration required before issuing a journalist’s information warrant should be expanded to consider the potential harm that could be done by the issuance of the warrant and the public interest in a free press

“Journalists should not be charged for doing their jobs full stop. They should not have their homes raided. They should not be intimidated or threatened. They should not be attacked by the government for reporting what is in the public interest,” said Hanson-Young.

Hanson-Young also envisions areas of reporting that can be opened up without the government scrutiny which may theoretically be applied under the current legislation, should new press freedom laws become enacted.

“We have seen in recent months, vindication for those journalists whose homes and workplaces were raided over their reports on alleged war crimes and the government’s plans to spy on Australians. Public interest journalism is vital to our democracy,” she said.

“We need proper protections for journalists including a contested warrants process to be enshrined in a Media Freedom Act,” she added.

Meanwhile, Mike Burgess, ASIO’s director-general of security, feels that any reforms to the ASIO Amendment Bill – even at the reward of protecting public interest journalism, journalists, and whistle-blowers – need to be taken within the agenda of the nation’s greater interests.

“I acknowledge ASIO is granted extraordinary powers – but they are rightly subject to strict safeguards and oversight. Australians should be confident that ASIO acts in a targeted, proportionate, ethical way, and wherever possible, uses the least intrusive method available to collect security intelligence,” Burgess said in reaction to the bill’s passage last week.

“We do not just do what is legal, we do what is right,” Burgess added.

 

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Insecure work inquiry forthcoming: Tony Burke

With ever-growing concerns among those in Australia’s union movement over rising levels of casual work and under-employment, a Senate inquiry on insecure work will take place in 2021, shadow industrial relations minister Tony Burke announced on Friday.

This inquiry has been announced days after industrial relations reforms measures in the way of proposed legislation announced by the Morrison government and Attorney-General Christian Porter, Burke’s counterpart in industrial reforms matters, was seen by Labor to offer precious little if anything in the way of easing the levels of insecure work.

And as the Australian Council of Trade Unions (ACTU) has come out to assail the proposed “WorkChoices 2.0” legislation as resulting the cutting of workers’ pay and conditions in addition to avoiding scrutiny of insecure work issues, Burke says that Labor shares the ACTU’s concerns about putting more people into more permanent working positions.

“Some Australians like the flexibility of casual or gig work. But Labor wants to see more people in secure work, with good reliable pay and the highest of safety standards,” he said in announcing the inquiry.

“Insecure work is the pandemic that will stay with us – long after the COVID-19 threat has passed,” added Tony Sheldon, the Senator from New South Wales and former national secretary of the Transport Workers Union who will be chairing the inquiry.

Sheldon hinted that those working in the gig economy – from food delivery drivers and riders, and those operating ride-share services, to any form of temporary contract workers, freelancers, consultants and independent contractors and professionals – would be examined towards reaching more permanent employment solutions for their sectors as well as that of the entire workforce.

The recent deaths of five food delivery riders in Sydney’s CBD since the end of September has also hastened the need to bring the issues of gig economy jobs within the spheres of insecure work as a whole into focus alongside the need to regulate the nature of that type of work, said Sheldon.

“It is not acceptable that an underclass of work has been spawned where workers are denied the basic rights and minimum protections all Australians deserve,” said Sheldon.

In October, in Victoria, the Victorian Council on Social Services (VCOSS) drew links – centred around the middle of the COVID-19 pandemic – between those whose employment was defined as being of an insecure nature and workers’ declining states of health and well-being.

“… our industrial relations framework has not kept pace with changes to the labour market, and neither has government policy,” the report stated at its outset.

Specific to those in the gig economy, the VCOSS report stated: “A safe workforce is a healthy workforce. COVID-19 has highlighted the heightened financial vulnerability of workers in the care sector, a lack of coordination and consistency in training, entitlements and protections, and the fragility of support systems in maintaining consistent, quality care

“Workers engaged in the gig economy, who work across multiple platforms or a mixture of platform and more traditional employment types, have no access, or limited access to sick leave and other entitlements. Wages vary across platforms, and time and travel costs between shifts are not compensated. Health, safety and workers compensation arrangements depend on a worker’s employment status.”

Shadow industrial relations minister Tony Burke, who announced the inquiry (Photo from abc.net.au)

Burke said the inquiry is set to commence under Sheldon’s chairmanship when Parliament returns from its summer break in February, and its investigations stemming from it could take up a majority of the year ahead of a final reporting date of November 2021.

Those investigations may include personal security areas such as in income and housing, as well as dignity in retirement, affecting roughly four million Australians lacking the benefits and entitlements tied to permanent employment.

“If the COVID-19 pandemic has shown us anything it’s that insecure work is not just a threat to the wellbeing of individuals – it’s a threat to the wellbeing of our society,” said Burke.

Meanwhile, Wes Lambert, the chief executive officer of the Restaurant and Catering Association (R&CA), said in October that the lack of legislative definitions over what constitutes a gig economy worker was an area which required addressing.

Lambert, stating the R&CA’s position on the heels of a deadline for submissions into a State of Victoria’s own inquiry on the status of the gig economy and insecure work, said that his organisation seeks to operate within the rules and standards to suit gig economy workers – as long as all parties knew what was expected of them.

“[The] R&CA expressly does not condone sham contracting arrangements, or any other such arrangement deliberately intended to undermine employees,” said Lambert.

“However, [the] R&CA submits that the current laws and workplace protections are not fit for the purpose in the 21st century, particularly as the world of work continues to change in the current and post-pandemic climate.

Lambert added that without any clear definitions in any current amendments of the Fair Work Act (2009), members of his industry sectors could run wild and rampant with interpretations as to what makes up gig economy participants.

“Such an arrangement, in the R&CA’s view, would create opportunities for unintentional mis-classifications resulting in disparate inconsistencies.

“More interestingly, if an employer can prove that they were not aware that the employee was not a contractor, and they were not reckless, they would not be in breach of the Act, nor be subject to any civil penalties,” he said.

So while an industry organisation such as the B&CA views and supports investigations around what next year’s Senate inquiry is trying to achieve, Sheldon says that the practice of insecure work is far from restricted to industries such as hospitality and tourism alone.

“Insecure work is not just found in food delivery and ride-sharing – it is expanding across the economy including the mining, retail, hospitality, health and aged care, university and information technology sectors,” Sheldon said.

“This inquiry comes at a critical time for our economy and for the future of work,” he added.

 

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Unflappable unions remain focused versus IR reform bills

In the federal Parliament’s final sitting week of 2020, Attorney-General Christian Porter has been unveiling the industrial relations reform “Omnibus Bill” via a piece-by-piece treatment – and Australia’s union movement has remained step-by-step in pace with a battle over the proposed legislative-based reforms.

In fact, Sally McManus, the national secretary of the Australian Council of Trade Unions (ACTU), has applied the blowtorch to the government – in the hottest of acetylene fashions, yet in her characteristic calm, measured delivery – in claiming that all of the hard work of the previous five months of industrial relations reform negotiations has been undone.

“These proposals were never raised during months of discussions with employers and the government,” McManus said on Tuesday, one day before Porter read two bills which would comprise the Morrison government’s measures of reform.

“The union movement will fight these proposals which will leave working people worse off.

“This was not the spirit of the talks with employers and the government, this is not about us all being in this together,” added McManus.

When the nation’s union and business leaders convened in June in Sydney and Canberra to commence bilateral negotiations on industrial relations reforms, both McManus and Porter – as well as many of the assembled representatives from both factions – agreed that if no accords were met, then the government would be drafting and introducing their own versions of reform measures.

That agreement had implied that the government’s measures would be geared in the form of a compromise between the interests among the two sides.

Instead, based on the early leaks over last weekend of the bills’ elements and highlights, they would be heavily favouring the business and employer groups’ lobbying efforts.

The two bills – the Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamations) Bill 2020 and the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 – introduced by Porter in Parliamentary business in the upper house were finally released on Wednesday morning, and according to the ACTU, the government’s version of reforms under Morrison and Porter in these pieces of proposed legislation would:

  • Break up merged unions within the currently-legislated five-year interval in which mergers must remain intact;
  • Allow employers to cut wages and conditions to their workers, even to the point of allowing awards to dip below the safety net of minimum awards;
  • Reduce rights of casual workers, and can even demote part- and full-time workers to a status of casuals, in order to revoke leave entitlements;
  • Enable casual workers to become permanent part- or full-time employees tied to a single employer – however, if that option is not offered, workers have no recourse to challenge or enforce it;
  • Place the “better off overall test” on the back burner for workers for an interval up to two years, despite what Porter claims to be a boost to the process of enterprise bargaining;
  • Remove the Fair Work Commission’s (FWC) requirement that workers currently possess a right upon starting a job that their agreements must be explained to them within a seven-day interval;
  • Enact anti-wage theft legislation, but with penalties which the ACTU sees as weaker than that in some states, such as in Victoria;
  • And avoid assessments of penalties to employers for reducing or restricting rights to casual workers, while those workers would lose the right to due process to appeals

As a result, McManus can only feel a sense of empathy for the nation’s workforce, casuals and otherwise, especially happening a little over a fortnight before Christmas, at the end of what has been a challenging year for everyone.

“Working people, essential workers, have already sacrificed so much during this pandemic, these proposed laws will punish them,” said McManus.

 

 

The details of the bills come on the heels of a report released by Griffith University, where industrial relations research professor David Peetz wrote one conclusion that a majority of leave-deprived casuals also are not likely to receive casual loadings and other entitlements.

In citing this report, the ACTU puts it in the perspective not merely in regard to the industrial relations reform bills which were pending at the time, but to the lack of rights and entitlements which casual workers possess – rights and entitlements which are now hanging in the balance.

“The majority of casual workers are working the same hours every week, but with none of the entitlements that permanent workers can rely upon. They are being ripped off. The proposal from the Morrison government will not only entrench this, it will take rights off casual workers,” said McManus.

“On top of the lower pay and reduced rights, casuals also contend with the constant stress of having no job security,” added McManus.

Meanwhile, Porter – who also doubles in the Morrison government as its minister for industrial relations – refuted the ACTU’s claim that one in four workers will be worse off for wages under these bills.

“It is quite absurd,” Porter told Sky News on Wednesday morning.

“This isn’t about pay cuts for people, this is about more jobs, more hours, more ability to move from casual to permanent employment,” he added.

Porter also said that as daunting as the proposals in the bills are, no verdicts were expected this week.

In fact, debates marked with as much passion as facts and the ideologies of modern politics may cause the fates of these bills to last well into 2021, a reality which is not lost on Porter.

“It should also be said that the introduction of the [bills] today is by no means the end of the consultation process, with a Senate committee likely to examine the legislation in detail over the coming months,” Porter said on Wednesday.

“This is an opportunity for further submissions to be made by all sides of the debate and the government will be willing to consider any sensible amendments that pass the simple test of being good for job growth.

“The danger is that if those inside and outside the Parliament revert to their traditional ideological corners, these critical reforms could be delayed or even blocked, leaving business without crucial supports and workers without an opportunity to get back into jobs,” added Porter.

 

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ACTU advocating justice calls for on-the-job deaths

Responding to revelations surrounding of an increase of workers killed in workplace-related accidents last year, the Australian Council of Trade Unions (ACTU) has called for a national set of legislation aimed at punishing those who fail to keep their workplaces safe to acceptable standards.

An ACTU delegation of union officials and family members who have lost loved ones at their worksites spoke out in front of the Federal Senate Courtyard in Canberra on Thursday, and highlighted the fact that 183 workers were killed on Australian worksites and places of business in 2019, an increase of 37 deaths viewed as unavoidable by them as well as WorkSafe compared to 2018.

That rise marked the first of its kind in year-to-year statistics since 2007, said the ACTU.

Moreover, the ACTU sought to remind everyone that these aren’t just statistics – these are actual people who lost their lives at work due to accidents, and how their families, friends and loved ones have been impacted by such losses of life.

“Everyone should feel safe at work. No worker is expendable. Everyone has a right to go home to their families at the end of every day,” said Liam O’Brien, the ACTU’s assistant secretary.

Elsewhere, in Victoria alone, the state’s WorkSafe organisation reported on November 20 that with the electrocution death of a 29-year-old country farm hand in Gerang Gerung, located near Dimboola in the state’s central regions between Horsham and Warracknabeal, approximately 340 kilometres northwest of Melbourne, the state’s 2020 workplace-related fatalities toll has risen to 61, a rise of two from 2019 to date.

The state’s increase rate in workplace-related fatalities over the previous 365 days had been as high as five, when in late October, a 71-year-old worker at a northern Geelong folding bed manufacturing factory got his clothes tangled in machinery.

“I can’t begin to imagine the pain felt by the families who have lost a loved one at work. I don’t want any families to suffer that type of trauma,” said Jill Hennessey, the state’s Attorney-General, when Spring Street passed a workplace manslaughter law last year.

“We promised we’d make workplace manslaughter a criminal offence and that’s exactly what we’ve done – because there is nothing more important than every worker coming home safe every day,” added Hennessey, who was the minister for workplace safety for the Andrews Labor government at the time of the law’s passage that she was responsible for.

 

ACTU assistant secretary Liam O’Brien, calling for action from the Morrison government on workplace deaths (Photo from the ACTU)

 

Under this legislation, in the state of Victoria, workplace manslaughter is deemed a criminal offence, with employers who negligently cause a workplace death are due to face fines of up to $16.5 million and individuals potentially facing up to 20 years in jail.

Similar laws are also being introduced in Queensland, Western Australia and the Northern Territory – and O’Brien and the ACTU have called for the Morrison government to step up and introduce similar legislation nationally.

“We hope that politicians on all sides will understand the importance of committing to tougher workplace health and safety laws – especially when hearing that there has been an increase of fatalities since 2018,” he said.

“The Morrison government must take action to ensure that no matter where a worker is killed their family can expect these deaths to be thoroughly investigated and employers are held to account,” added O’Brien.

Victoria Trades Hall has worked together with WorkSafe Victoria to ensure that if a worksite death does occur, that actions such as the offering of counselling, leave, and bereavement are available to all co-workers, affected family members and friends.

“Dealing with grief takes time. It is a normal response to death, trauma and loss. People need support at different times and in different ways. What happens in a workplace following a death can be a very important part of the process,” Luke Hilakari, VTH secretary, wrote in a guide to enable businesses’ occupational health and safety representatives deal with such incidents in a case-by-case basis.

Currently, the biggest industry increases in workplace fatalities have occurred in the construction industry, followed by public administration and safety, and then agriculture. As of 2018, each of these industries had suffered a rate of fatalities at a higher rate than their respective prior five-year averages.

The casualisation of labour forces on job sites, aided and abetted by a move from the Morrison government last year to amend the Fair Work Act (2009) to require union officials to pre-register within 24 hours before setting foot on a job site, is said to be a contributing factor to the increase of workplace-related fatalities.

Sally McManus, the ACTU’s secretary, disclosed on Thursday that in the recently-concluded industrial relations reform negotiations, that proposed changes to the Greenfields laws under the Fair Work Act that would have enhanced workers’ protections on site were voted down by some business groups, which McManus identified as the mining and resource lobby.

“These construction projects rely on FIFO workforces, who both live and work on site. They have been plagued with problems related to mental health, with a high number of suicides,” said McManus.

“If there is no means for workers on these sites to address problems as they arise, and they are denied the right all other workers have to renegotiate their working conditions, they must as a minimum have access to the Fair Work Commission to resolve issues so we do not see an intensification of the pre-exiting issues.

“Unfortunately, the mining and resource employers rejected this reasonable and sensible offer and pushed for agreements being doubled in length, expanding the scope so even construction sites in cities are covered and locking workers out of any fair means to resolving issues as they arise,” McManus added.

Lowering the numbers of workplace fatalities should involve issues surrounding fairness, as well as that as compassion towards enhancing policies around OH&S issues, according to O’Brien.

“You cannot hear the harrowing stories of these loved ones left behind and not want to commit to stronger laws protecting Australians in their workplaces,” he said.

“Every year hundreds die in workplaces and their families deserve justice,” added O’Brien.

 

 

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Overcome threats, halve insecure work numbers: McManus

While the Australian Council of Trade Unions (ACTU) waits alongside the country’s working classes with baited breath on the Morrison government’s resolution bill on industrial relations reforms, it has called upon the federal government to cut the rates of insecure workers in half within the next ten years.

Sally McManus, the ACTU’s national secretary, in an address to the National Press Club on Wednesday, outlined in detail the reasons for these demands and goals, and how they can be achieved.

“Many employer groups and some in government have actually refused to acknowledge the facts of the widespread nature of work insecurity and the ways in which it disadvantages people,” McManus told the NPC’s lunchtime assembly in her speech.

“And there are others that even argue that more insecure work is good.

“As a country we cannot hide from it anymore. This is an issue our generation can and must fix,” McManus added.

McManus was also an integral participant in the industrial relations reform negotiations – after forming what was seen as an unlikely alliance in March with federal Attorney-General Christian Porter, who doubles in the Morrison government’s cabinet as its industrial relations minister as well – and she admitted that the government’s solutions to the impasses that resulted in that five-month process earlier in the year are on the way.

“We are told that the government’s IR omnibus bill is imminent,” McManus said, while Porter admitted that the terms of that bill may be coming as early as next week.

Those talks, which McManus has said that the unions and the government entered in a spirit of good faith and thereby has described as “challenging”, do provide a bit of context about how the ACTU can reach their goals towards drastically reducing numbers of insecure workers.

“Two things have happened to unions during this pandemic. Firstly, nearly every union has grown in membership, despite job losses, as workers looked to their union and the union movement for protection and support,” said McManus.

“Secondly, the union movement has had its national role returned to where it should always have been – as a widely accepted part of Australia’s civil society, and a trusted social partner for governments and businesses.

“This consultation and cooperation must not only belong to the pandemic – it must become business as usual again in Australia as it makes us better as a country,” added McManus.

In a sharp, marked contrast to the “Change The Rules” campaign which was run for two years leading up to the 2019 federal election, where it was predicated upon winning upper and lower house seats to affect the government’s balance of power as a more likely pathway towards influencing new industrial relations legislation, the mindset now exists to work with the government in power in good faith negotiations, regardless of whoever is in government.

“Governments and employers may not always like, or agree with what we have to say, but decision making is improved when our capacity, as well as workers experience and perspective are at the table,” said McManus.

“If we are good enough to be relied upon during a crisis, if we are trustworthy enough to have in the room facing a pandemic, if unions were needed to get us through the toughest of times – surely the voice of working people has a place at the table in an ongoing way,” she added.

McManus says that a spirit of “leave no one behind” – which she opened her NPC speech with, citing Australians’ commitment to collectivism as the nucleus behind a social contract – will serve as an essential element to achieve goals around insecure work.

According to the McKell Institute, the statistics around insecure work reflect one in four workers classified as casual workers and as many as four million workers being either casual, part-time, or under-employed, or even as many as 2.1 million workers holding more than one casual job at any time or even throughout the year in an effort to make ends meet.

The ACTU said earlier this year about the state of insecure work:

Employers use casual and other insecure work arrangements to cover entire work functions. For many employers, it’s now a business model. Our work laws have made it more and more difficult to protect permanent work. The result is an emerging class of workers without jobs they can count on. They have no sick leave, no holidays, no job security, little bargaining power and severely reduced capacity to get home loans. Casualisation and insecure work have led to Australia having more inequality now than at any time on record.

“We would rather be working with employers and government on the big issues that help to grow our economy and strengthen the safety net – lifting all Australians up by driving down unemployment levels, by saving and creating jobs, improving wages, making work from home a shared opportunity for employers and employees, increasing workforce participation through free childcare, supporting dignified retirement incomes for workers, and planning for good high skilled jobs in Australian manufacturing.

“A genuine national economic reconstruction plan,” said McManus, regarding the general terms of the scheme which the ACTU is likely to forge to counter the ongoing trends and qualities around insecure work.

However, for as helpful as it could potentially be, the white elephant in the room may also very well surround the government’s bill on industrial relations reform.

It may be a threat to the ACTU’s goals, but they likewise welcome it as a first step forward.

“We are concerned that the industrial relations omnibus legislation, will indeed seek to take rights off workers, that it will punish the very people who have already sacrificed so much,” said McManus.

“Any taking away of rights, any attempt to weaken workers protections is a weakening of our social contract and will be resisted by the union movement,” she added.

 

 

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Aged care’s pandemic reply still a mess, unions say

The Morrison government has failed to respond specifically to the findings of the recent Aged Care Royal Commission and the problem points and issues revealed from it – and the longer which that persists, especially on the findings specific to the COVID-19 pandemic, the longer the crisis over the aged care sector will go on, members of Australia’s union movement said on Tuesday.

The Australian Council of Trade Unions (ACTU) asserted that the government – specifically aimed at Prime Minister Scott Morrison and indicted by association, Greg Hunt, the government’s health minister, and Richard Colbeck, the government’s minister for aged care – will not address shortages and shortcomings in providing responses to staffing levels, training or transparency within the aged care system.

“This Government needs to take responsibility for the years of understaffing and low wages in aged care. There have been 685 preventable deaths caused by COVID-19,” said Michele O’Neil, the ACTU’s president.

“In the midst of a crisis in aged care which has been exacerbated by a pandemic, aged care workers need more funding, and they need that funding to be tied to outcomes for staff and residents so it cuts through the bloated for-profit system.

“Yesterday, the Morrison Government opposed legislation to require aged care providers to publicly report on how they spend their revenue. Accountability for government funding is long overdue,”

O’Neil and the ACTU were responding specifically to an announcement on Monday from Hunt regarding a $132.2 million investment package which, in representing the government’s official response to the findings of the Aged Care Royal Commission as it pertains to the needs brought on by the pandemic, included a detailed breakdown of spendings on top of a $245 million funding in August.

“This investment directly addresses issues raised by the Aged Care Royal Commission and will improve and support the health and wellbeing of aged care residents most significantly impacted by COVID-19,” said Hunt upon announcing the new package of investment.

“For our aged care sector, the revised plan allows flexibility to manage individual situations in each state and territory [and] also builds on and consolidates the critical and successful work already undertaken by the Commonwealth government,” said Hunt.

Colbeck said that the current updated plan attached to the new investment was created upon conjunction with the Australian Health Protection Principal Committee’s Aged Care Advisory Group (ACAG), thereby meeting one of the Royal Commission’s aims.

“While we hope there won’t be further COVID-19 outbreaks in aged care facilities or in home care, if it does happen, key learnings will inform the future work of the ACAG and be shared with the aged care sector,” said Colbeck.

Previously, Annie Butler, the national secretary of the Australian Nursing and Midwifery Federation (ANMF), said that her union had welcomed the six basic conclusions from the Aged Care Royal Commission’s findings, but still fears that maximum protections for older Australians living in nursing homes and aged care facilities will not be met.

“Nursing homes desperately need additional nurses and care staff to provide safe, effective care outcomes for residents, not just to enable more visitors,” Butler said in October, shortly after the Royal Commission’s findings were released.

“While that is critical for the wellbeing of residents, more staff are urgently needed just to meet basic needs for residents in far too many nursing homes.

“Our members have been on the frontline during the pandemic and have witnessed how it has stretched staff and resources even further, again demonstrating the importance of having sufficient staffing levels and skills mix, to cope with intensified demands and workloads,” added Butler.

O’Neil suggested that the government utilise a quota-based system which possesses a variety of skill sets to suit the needs of a maligned aged care sector, whose shortcomings in a privatised status continue to be greatly exposed during the pandemic.

“The crisis in aged care won’t be turned around by one announcement, this government shows no commitment to the long-term change which it has been told again and again is necessary,” said O’Neil.

“We need minimum staffing levels with a mandated mix of skills on every shift in every workplace. This announcement takes us no closer to this goal.

“Mandated training requirements are urgently needed to ensure that workers and residents are safe. This announcement will do nothing to improve training,” O’Neil added.

Butler suggested that any additional funding, regardless of when it would become available, be used in a targeted budget approach in intended areas rather than a government-based value-for-money tactic would be of better use to the sector.

“We welcome the recommendation for immediate additional funding, but reiterate the need for greater transparency for any additional government funding, because aged care providers must be held accountable – and actually use the money for its intended purpose of employing additional nurses and carers for the depleted sector,” she said.

Ultimately, O’Neil languishes at the likes of Hunt and Colbeck failing to adhere to finding common ground between the Aged Care Royal Commission’s findings and the needs of the aged care sector itself.

“We have been willing to work with the Morrison government on this issue. So it is deeply regrettable that they continue to ignore the expertise of the workers in the sector,” said O’Neil.

 

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