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Tag Archives: Turnbull Government

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.

 

 

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Dutton’s message: torture works

Yesterday I had a Twitter conversation about Kathryn Bigelow’s movie, Zero Dark Thirty, which was shown on SBS last night.

Many angry critics have described the film as CIA propaganda advocating torture, and accused Bigelow of making an immoral argument that torture works. That wasn’t my reading as I argue here.

This revisiting of the film and the arguments surrounding it made it obvious to me that the message “torture works” is precisely the message the current Prime Minister Malcolm Turnbull, Immigration Minister Peter Dutton, Scott Morrison before him, and several former Prime Ministers including Kevin Rudd and Julia Gillard have sent to the world since the indefinite detention, off-shore and previously in the hell holes of Woomera and Baxter, of waterborne asylum seekers began.

They are not even particularly subtle about conveying this message: forcing women, children and men to live in circumstances in which they are tortured will deter others from attempting to seek asylum in Australia. It’s that stark.

To dissuade attacks from rusted on ALP supporters: Paul Keating built Woomera. I went there. It was one of Dante’s circles of hell. So please don’t come at me with the usual defence of your political party’s position on asylum seekers. There’s a bee’s dick of difference between the major parties.

Every time politicians insist that bringing refugees from Manus and Nauru to Australia will “start the drownings at sea again”, he or she is arguing, to the world, that “torture works.”

Frank Brennan, John Menadue, Tim Costello and Robert Manne have here proposed a solution to the current ghastly impasse. Their proposal retains the turn-back policy:

We believe there is no reason why the Turnbull government cannot do now what the Howard government previously did – maintain close intelligence co-operation with Indonesian authorities, and maintain the turn-back policy, while emptying the offshore processing centres and restoring the chance of a future to those we sent to Nauru or Manus Island three years ago or more by settling them either in Australia or, if any are willing, in other developed countries. Like Howard, Turnbull could maintain the offshore processing centres in case of an emergency.

Boats are to be turned back to their point of departure, usually Indonesia or in the case of Sri Lankan refugees, southern India where they continue to live as stateless people with few, if any rights.

The proposition put by Brennan et al would at least thwart the message that torture works, to which our politicians seem alarmingly attached. It’s by no means an ideal solution, but it could be our next step in addressing a situation that in its current manifestation is hideously wrong in every possible way.

Critiquing their proposition is a post in itself, and I won’t do that here.

As I argue Bigelow’s film demonstrated, the proposition that torture works is in itself a terrifying premise for debate. Who are we, that we would engage in such a debate in the first place?

It isn’t about whether or not torture works. It’s about torture even being considered, and then implemented as an option. You might argue that no politician foresaw or planned the circumstances that have evolved on Manus and Nauru, and you’d likely be correct. So we have come to torture by accident, rather than by design. Having arrived at that point, even accidentally, we are culpable and every day we reinforce the message that torture works, we add to our burden of culpability. What was initially accidental, thoughtless, ignorant, uncaring, politically self-seeking becomes, in the maintaining of it, deliberate.

Which puts us in the company of the CIA and its propaganda, does it not? Not to mention Donald Trump.

This article was originally published on No Place For Sheep.

 

Screaming Freedom: Day of the Imprisoned Writer

By Janet Galbraith

‘… the protection of the right to freedom of expression – the freedom to express ideas without fear of attack, arrest or other persecution – has been at the heart of International PEN’s work since it was formed in 1921. PEN’s Charter pledges that all members will oppose any form of suppression of freedom of expression in the country and community to which they belong, as well as throughout the world wherever this is possible’.

November the 15th 2015 marks the 34th anniversary of the annual Day of the Imprisoned Writer, ‘an international day that recognises writers who have suffered persecution as a result of exercising their right to freedom of expression’. Each year PEN International, its members and other concerned writers mark this day to raise awareness of the imprisonment, killings and threats writers are subject to.

Seldom has there been a focus on the persecution of imprisoned writers within Australia. Two notable cases are those of two writers detained in the early to mid 2000’s in Australia: Cheikh Kone who became International PEN’s first major Australian writer in prison and Iranian writer, journalist and political activist, Ardeshir Gholipour. Both were freed after a PEN International campaign. Kurdish journalist Behrouz Boochani held in detention on Manus Island for 27 months has recently been named an honorary member of PEN and his case for asylum supported by the human rights organisation.

Notably PEN International’s approach to the Australian’s government in 2004 resulted in communications between the Australian government and the noted human rights group and the freedom of the above writers. This year the letter sent to the Australian government by PEN International on behalf of Behrouz Boochani has garnered no response whatsoever. This is not terribly surprising as many working in solidarity with those detained in Australia’s immigration detention industry have noted that silence and obfuscation are one of the hallmarks of the Australian government’s (non)response to concerns of human rights abuses.

This year Australia has become under increases observation by PEN International as freedom of expression and information is further curtailed and legislated against. Sydney PEN informs us that:

“… at the recent PEN International Congress in Quebec City, the first resolution adopted by the Assembly of Delegates of PEN International, was about Australia’s Anti-Terrorism Laws. The resolution relates to the constraint of freedom of expression in the name of countering terrorism, especially about operations on Manus Island and Nauru relating to asylum seekers”.

This comes at a time when many international human rights organisations speak out against the Australia’s failure to comply with international law and conventions and as the litany of human rights abuses, cruel, degrading and inhuman treatment of people seeking asylum grows. When the Turnbull Government is asked for comment on conditions ‘tantamount to torture’ on people in off-shore detention camps, the strategy seems to be the same as that offered the UN and other international bodies: silence and obfuscation. This is not a new strategy nor is it specific to Australia. Researchers Against Pacific Black Sites’ founding members Professor Perera and Professor Pugliese have identified “parallels between the US extra-legal prisons at Guantanamo and elsewhere and our Pacific equivalents” naming the off-shore detention centres on Manus Island and Nauru as “Australia’s version of the secretive US ‘black sites‘ that operated during the war on terror”.

Writers detained in Australia’s black sites on Manus and Nauru, as well as the immigration gulags on Christmas Island and throughout the mainland of Australia, bear much of the brunt of these secretive operations and the deliberate curtailing of freedom of information and freedom of expression. Many writers involved with Writing Through Fences, a loosely connected group of writers writing from within Australia’s immigration detention industry, report being subject to intense surveillance, beatings, imprisonment without charge, prolonged detention, unnecessary restraint, isolation, threats of rape, and denial of appropriate medical treatment in attempts to silence them.

The breaking of Article 19 of the Universal Declaration of Human Rights: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers, by successive governments in Australia has been discussed in terms of the Border Force Act that sees workers and journalists who disclose human rights abuses within Australia’s detention industry at risk of imprisonment. However, such discussions have rarely included recognition that writers and human rights defenders detained by Australia in our black sites and mainland detention gulags are themselves subject to cruel, degrading and in human punishment as a result of their work.

Mark Isaacs highlight the targeting of writers: “the Nauruan police took Dev away from the camp in handcuffs. They said to him, ‘Goodbye Mr Journalist’, an implication that this was revenge for him having contact with Australian media”. Behrouz Boochani writes in a report to the UN Special Rapporteur for Human Rights Defenders: One time they put me in the jail after the hunger strike. You know in Foxtrot we had no violence at that time. I was in jail just for reporting to the outside about the hunger strike. He writes further, in a private letter, I remember when they moved me from the Lorengau jail to Charlie the officers said: “He is in here because he is a journalist”.

Many of those writing from within immigration detention centres are forced to withhold or change their names for fear of further punishment. At the same time, most of these people also speak of writing as their responsibility, privilege and duty. Others have reluctantly become writers in order to survive. One man detained on Manus Island for 27 months has said to me: “I am not a writer but I must write. I must write to tell the world what is being done to us. I must write to defend our right to live”.

Within this context, writing from within these black sites and detention gulags is understood to be a life-giving practice of survival and a courageous and necessary tool of resistance. A young man from Myanmar incarcerated in Manus Camp wrote to me earlier this year:

“I am a very different young man … I believe it will be difficult for you to accept that I have never been to school or college … With no education but a strong sense of determination I started learning English from scratch in the refugee camps … Being here I have written 1000 pages about my miserable life … Giving this privilege God wants me to raise my voice on behalf of millions of asylum seekers and refugees around the world who are being denied freedom in a safe place” (Khan – not real name).

Artist turned poet, FB writes:

“And the silence breaks its silence
setting free it’s songs from the depths.
The shouts of sleepers
release the voices of the voiceless
screaming
‘Freedom! Freedom!'”

A man held for 2 years in detention on Nauru writes:

“As a victim of injustice and politics, I was forced to face reality and the realisation that I needed to find a way to deal with all the emotions that I was unable to cope with. I took up writing and art” (Ravi).

Asserting existence and belonging before and in spite of displacement and detention a writer from Somalia, interred in immigration detention in Australia writes (excerpt from ‘A message from sweet home’):

OH SWEET GIRL
You were born inside of me.
Why did you leave me like this?
Have you forgotten my warm nights and bright breezy days?
Have you forgotten lying on my sand with a big beautiful smile on your face?
Oh my dear… unforgettable moments!
You were fearless, a strong and beautiful child…
Come home.
On this Day of the Imprisoned Writer, Australia is in the spotlight. We are being held to account for the atrocities enabled by the tax payers of this nation and perpetrated in our name. We cannot say we do not know. The voices are many.

Writing Through Fences joins with Write of Asylum and calls on writers and human rights defenders to stand with, and open space for, those who speak and write from within the detention gulags.

“I die slowly, so slowly in this tight cocoon
with no space to shout’”(M, 2015).

Opening space is important and so is solidarity. When asked about his fears around his reporting from our black site on Manus Island, Boochani said:

“I feel more secure because a campaign to sup-port me has taken shape”.

We who are not detained do have a responsibility, privilege and duty to be aware of how we fill spaces, and how we may open them. We also have a responsibility, privilege and duty to listen to and stand with imprisoned writers, to call on the Australian government to end the punishment of those who speak and write from within the gulags and demand their closure. The voices of the writers imprisoned in our detention gulags are calling, they are screaming “Freedom! Freedom!”

Janet Galbraith
Founder and facilitator of Writing Through Fences
Coordinator Write of Asylum
Founding member of Researchers Against Pacific Black Sites

 

Confusion in the Turnbull Government

Much about the Turnbull Government confuses me. Either I don’t know what they’re talking about, or they themselves have no idea what they’re talking about.

I’m convinced it’s the latter.

They say one thing while clearly meaning something else. I could write a book about the subject, but for the sake of a talking point I’ll limit it to the few examples below:

Shortly after being installed as our new you-beaut Treasurer, Scott Morrison says “we had a spending problem, not a revenue problem, and that he wanted to cut taxes further”. Yet his boss Malcolm Turnbull wants to raise the GST by five percentage points (effectively raising it 50 per cent). Malcolm Turnbull also wants to raise the revenue the government needed to provide services but it in a manner that “backs Australians rather than holds them back”.

One of them has no idea what they’re talking about. One of them is lying.

But of course we have an unfair tax system. That’s why Malcolm Turnbull has money invested in the Cayman Islands, where companies and individuals pay no direct tax.

If only our tax system was fair. No wonder he wants a tax reform that “backs Australians rather than holds them back”. Don’t hold back, Malcolm.

Speaking of Malcolm, and speaking of investments, it was he who was the most vocal critic of Labor’s fibre to the home NBN yet “it was revealed … that Mr Turnbull owns shares in France Telecom, which plans to connect 60 per cent of French households to fibre by 2020”. Yet he still tells us that Labor got it wrong. So he destroyed it. Fortunately the French have a good NBN.

We are told ad-nausem by the proud and boastful government that they have stopped the boats. So why has Transfield – who operate the Manus Island and Nauru detention centres – had their contract renewed for another five years? One would expect that if the boats had stopped then all of the detainees would shortly be either settled in Australia (unlikely) or sent to some miserable hell-hole elsewhere in the world. (Oh, I know, if Labor wins the next election then all the boats will start again. Good forward-thinking by the government).
And of course there’s the obvious: if the boats have stopped then why have detention centres!

Confusion reigns supreme in the Turnbull Government, and the Turnbull Government confuses me.