Showing posts with label industrial relations. Show all posts
Showing posts with label industrial relations. Show all posts

Friday, 4 May 2018

Liberal Party apparatchik lays out part of Turnbull Government workplace reform game plan?


More rabid than the most rabid Liberal and Nationals party members elected to the 45th Australian Parliament, former CEO of the Australian Chamber of Commerce and Industry & present inaugural Australian Small Business and Family Enterprise Ombudsman, Kate Carnell, released a 4 page position paper on 27 April 2018. 

On those double-spaced A4s Ms. Carnell managed to lay out the what looks very like an Institute of Pubic Affairs-Coalition Government game plan.

Amongst other things found on this wish list are:

By-pass the Fair Work Commissioners by creating an "online dispute resolution tool as an early intervention to quickly resolve more straightforward termination disputes".


“small business must make good [on underpaid wages owed to workers] but there is to be "no prosecution, penalty or fine”

* “Lower the compensation cap, and reduce the cost and time of conciliation and settlement processes” with “maximum compensation limited to 13 rather than 26 week’s pay”.

* “Recognise and legally accept the common small business practice of paying a buffer above the minimum award wage on the assumption this will ‘take care’ of additional obligations” so that businesses do not have to meet the full legal conditions of employment.

* “Elevate substantive over procedural matters for unfair dismissal” - after all employers shouldn't have to fully comply with a Fair Work Commission code.

* Provide "free access to legal expertise" for employers, that is free access to private businesses involved in matters before the Fair Work Commission which is funded by the taxpayer.

* “The FWO to review the mechanism for providing definitive [free] advice so small businesses can have certainty and can rely on [in tribunal hearings] when defending a dispute to the FWC”.

* “tackle the behavior [sic] of those who do not do the right thing and gain unfair advantage”.

Earlier in the year on 31 January Ms. Carnell was in the media as Ombudsman decrying any reasonable increase in the national minimum wage.

So there you have it - supressed wages growth and less worker rights are on the agenda in the lead up to the forthcoming federal election.

Former hotelier, Australian Minister for Small and Family Business, the Workplace and Deregulation & current Liberal MP for Reid, Craig Laundy, is also "keen to make life easier for small and family businesses to navigate our complex industrial relations system"

He would be most pleased if businesses would "use their trust and friendship with their workers" to convince them that any changes to industrial relations legislation is going to turn their futures into paradise here on earth.

Friday, 30 March 2018

Corporate tax cuts lead to 'jobs and growth' in Australia? Pull the other one!


This Business Council of Australia survey was apparently mothballed when initial results indicated that it would reveal the truth about outcomes flowing from the Turnbull Government’s planned corporate tax cuts - a distinct lack of jobs and wages growth.

Financial Review, 27 March 2018:

Fewer than one in five of Australia's leading chief executives say they will use the Turnbull government's proposed company tax cut to directly increase wages or employ more staff, according to a secret survey conducted by the Business Council of Australia.

More than 80 per cent said they would either use the proceeds to boost returns to shareholders or invest in the company.

The explosive revelation comes as the government is still struggling to secure the final two Senate votes needed to pass the remainder of the $65 billion package.
The survey follows a letter to all Senators last week by the BCA and 10 of the nation's top chief executive officers in which they pledged to reinvest the proceeds of the tax cuts with the ultimate aim of increasing wages.

"If the Senate passes this important legislation we, as some of the nation's largest employers, commit to invest more in Australia which will lead to employing more Australians and therefore stronger wage growth as the tax cut takes effect," the letter said.

But The Australian Financial Review has learned that the BCA directly surveyed the chief executives of its 130-plus members about a company tax cut this year, in the wake of the company tax rate cut in the United States.

The chief executives were asked which of four options they would nominate as their preferred response to the company tax cut in Australia.

These were: returning funds to shareholders; more investment; increasing the wages of their existing workforce; or increasing employment.

More than 80 per cent nominated one of the first two options while only 16 per cent to 17 per cent nominated higher wages or employment.

The survey results are understood to have been tightly held but were reported on internally in a memo entitled "the good news and the bad news".

A spokesman for the BCA confirmed the survey to the Financial Review on Monday but downplayed its significance…….

This lobby group has now decided that 'spin' is more important than fact and senators have all received a BCA video appeal promising well-paid and meaningful jobs and wages growth that only growing investment can deliver if the comapny tax cits are passed.

A neat trick given that its members are also arguing before the Fair Work Commission Annual Wage Review 2017-18 that the minimum wage should remain as is or only be increased by 34-35 cents an hour which represents no growth in real wages.


The vague, slyly worded non-promise to lift workers wages received by Senators



Google some of the businesses on this short list and one finds an unflattering employer history with regard to employee wages and job terms & conditions.

Thursday, 22 March 2018

Turnbull Government, business and industry still out to suppress minimum wage


According to the Australian Treasury in November 2017;  

On a variety of measures, wage growth is low....

However, weaker labour productivity growth seems unlikely to be a cause of the current period of slow wage growth in Australia. Over the past five years, labour productivity in Australia has grown at around its 30-year average annual growth rate....

An examination of wage growth by employee characteristics using the Household Income and Labour Dynamics in Australia (HILDA) survey and administrative taxation data suggests that recent subdued wage growth has been experienced by the majority of employees, regardless of income or occupation.....

This is true across the States and Territories, across industries, and across both the public and private sectors. Real wage growth – wage growth relative to the increase in prices in the economy – has also been low.

The Reserve Bank of Australia suggests in its March Quarter 2017 Bulletin that there is"

...some tentative evidence that the relationship between wage growth and labour market conditions may have changed, and that this may help to explain recent low wage growth. Using job-level micro wage data, we also find that, since 2012, wage increases have been less frequent and wage growth outcomes have become much more similar across jobs.


Being paid at the minimum wage rate means that a worker is paid the lowest hourly income for his/her labour that is legally allowable.

At the beginning of the 21st Century (January 2001) the national minimum wage was $10.53 per hour or $400.40 per 38 hour week (before tax).

The current national minimum wage is $18.29 per hour or $694.90 per 38 hour week (before tax) according to the Fair Work Commission.

That represents a rise of $7.76 an hour over the course of 17 years - the equivalent of 45 cents a year.

Not a spectacular hourly base wage growth by any measure.

In March 2018 the Australian Federation of Employers and Industries (AFEI), Australian Retailers Association, Restaurant & Catering Industrial (RCI), Australian Business Industrial and the NSW Business Chamber Ltd (along with eight other industry representatives) made initial submissions to the Fair Work Commission Annual Wage Review 2017-18.

It will come as no surprise that any decent rise in the minimum wage is being resisted in these submissions.

A number of business and industry representatives appear to believe that even raising the minimum wage hourly rate by as little as 34-35 cents is an onerous burden.

Frequent mention is made of the supposed part the businesses they represent play in national ‘jobs and growth’ and the risk wage increases allegedly pose.

A notion supported by the Turnbull Government’s own submission.

Couched in polite terms within their submissions is the last resort position of both the federal government and big business. 

It seems they are reluctantly willing to accept a minimum wage increase that doesn't rise by more than 1.9% (rate of inflation in December 2017) and definitely resist the idea of a rise that actually results in real wages growth.

However, there is another less polite aspect of the part businesses play in the lives of workers and it should be remembered when listening to business and industry representatives make their wage case during media appearances.

The Australian Government Fair Work Ombudsman’s 2018 media releases offer a window on that other aspect which includes a widespread contempt for both workers and the law.

 Media release, 16 March 2018:

Western Sydney campaign reveals high rates of unlawful workplaces

High rates of non-compliance uncovered by the Fair Work Ombudsman in Western Sydney have reinforced the importance of ensuring that Australia’s culturally and linguistically diverse communities have ready access to workplace information and advice.

The Fair Work Ombudsman today released the results of its proactive education and compliance campaign in the region, covering suburbs including Cabramatta, Guildford, Mt Druitt, Fairfield and Merrylands.

Almost two-thirds (64 per cent) of the 197 businesses audited by the Fair Work Ombudsman during the campaign were found to be non-compliant with workplace laws.

The campaign led to a total of $369,324 in unpaid wages and entitlements being recovered for 199 workers.

Sixty-four per cent of businesses were compliant with record-keeping and payslip requirements, while just 58 per cent were paying their employees correctly.

The campaign was initiated following an increase in the number of requests for assistance received from some parts of the region in previous years, despite an overall decrease across New South Wales in the same period.

As part of the campaign, Fair Work inspectors conducted site visits with a particular focus on Harris Park and Parramatta in response to intelligence received by the agency indicating potential non-compliance amongst restaurants in the area.

The suburbs are also home to a higher than average proportion of migrants, with both Harris Park (85 per cent) and Parramatta (74 per cent) at more than twice the national average of 30.2 per cent.

Acknowledging that new arrivals to Australia may have a limited awareness of Australian workplace laws, it was considered that businesses in the region would benefit from tailored support and education from the Fair Work Ombudsman.

Only two of the 23 businesses visited in these suburbs were found to be fully compliant – a non-compliance rate of 91 per cent.

Fair Work Ombudsman Natalie James says the non-compliance rates uncovered by the campaign are highly concerning and cannot be tolerated.

“Where possible, we seek to educate employers and employees about their workplace rights and obligations and equip them with the tools and information they need to ensure they are complying with the law,” Ms James said.

“This area has a large proportion of people from culturally and linguistically diverse backgrounds, who can find it more challenging to navigate that information or even know where to find it in the first place.

“When combined with a lack of familiarity with workplace laws, language barriers can present significant difficulties to employers seeking to understand and comply with their obligations. 

“The results of this campaign reaffirm the importance of my agency’s work in reaching out to culturally and linguistically diverse communities to raise awareness of the help we can provide.

“We are also making more and more of our tools and resources available in multiple languages, including our Anonymous Report function and the Record My Hours app,” Ms James said.

“Our website can also be viewed in 40 languages other than English with a simple click of the mouse with our new website translator.

“With the wealth of free information and resources available to help businesses understand their obligations, there are no excuses for breaching workplace laws.”
Overall, Fair Work inspectors issued 26 formal cautions, 20 infringement notices (on-the-spot fines) and 11 compliance notices to non-compliant businesses during the course of the campaign.

In one matter, a restaurant business was found to be paying its casual employees under an old award, resulting in a total underpayment of $10,444 to three employees. Fair Work inspectors issued the employer with a compliance notice, and the employees were fully back-paid in accordance with the notice.

Ms James said that non-compliant businesses were now on notice that future breaches could result in serious enforcement action.

“We are happy to work with businesses who require advice and support to meet their workplace obligations, and we will continue our work to ensure our materials are easily accessible to those that need them,” Ms James said.

“Indeed, we were pleased that the employers that we dealt with over the course of this campaign were cooperative and willing to engage with our inspectors, and that all contraventions were willingly rectified.

“We will continue to pursue new initiatives aimed at engaging with businesses in the region to ensure they have access to the help and information they need.”

Ms James reaffirmed however that her agency will not hesitate to take action where deliberate or repeated breaches of the law were identified.

“Employers who fail to put in place processes to ensure compliance expose themselves to enforcement action, including litigation in the most serious cases,” Ms James said.

Employers and employees seeking assistance can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94. An interpreter service is available on 13 14 50. 

Potential workplace breaches can be anonymously reported in 16 languages other than English using the Fair Work Ombudsman’s Anonymous Report function at www.fairwork.gov.au/inlanguageanonymousreport.

The Fair Work Ombudsman recently developed six videos in 16 languages other than English to help visa holders to understand their workplace rights. These and other in-language resources are available at www.fairwork.gov.au/languages.

The Fair Work Ombudsman’s Record My Hours app is aimed at tackling the persistent problem of underpayment of vulnerable workers by using geo-fencing technology to provide workers with a record of the time they spend at their workplace. The app is available in a number of different languages and can be downloaded from the App Store and Google Play.

Follow Fair Work Ombudsman Natalie James on Twitter @NatJamesFWO external-icon.png, the Fair Work Ombudsman @fairwork_gov_au External link icon or find us on Facebook www.facebook.com/fairwork.gov.au External link icon.

Sign up to receive the Fair Work Ombudsman’s media releases direct to your email inbox at www.fairwork.gov.au/mediareleases.  

Read the Western Sydney Campaign report (PDF 445.5KB)  [my yellow highlighting]

Media Release, 5 March 2018:
The Fair Work Ombudsman’s latest Compliance Activity Report shows a workplace non-compliance rate of 76 per cent in the Caltex service network…..
The Fair Work Ombudsman commenced proceedings against the former operator of the Caltex Five Dock service station in Sydney, Aulion Pty Ltd, and has also initiated proceedings against Abdul Wahid and Sons Pty Ltd, the former franchisee of a number of Caltex outlets in Sydney.
In both cases, the Fair Work Ombudsman alleges that the absence of accurate time and wage records prevented inspectors from completing audits and determining whether employees had received their lawful entitlements.
During the activity, the regulator issued nine infringement notices, 11 compliance notices and 16 formal cautions to non-compliant franchisees.
Inspectors also recovered a total of $9,329.85 in back-pay for 26 workers who were underpaid during a one-month assessment period.
Ms James said the agency believes the figure would be higher if underpayments could have been accurately calculated, but with so many deficiencies in the outlets’ records it is impossible to be sure of the true extent of the wage rip-offs. 
“There’s no question that if these findings indicate the norm in this network, and if these underpayments are replicated throughout the business month after month, we are quickly looking at millions of dollars of underpayments over the course of a few years,” Ms James said…..

Media Release, 2 March 2018:
The Fair Work Ombudsman has commenced legal action against the former franchisee of a 7-Eleven retail outlet in the Melbourne CBD for allegedly exploiting three international students through a cash-back scheme.
Facing Court are Xia Jing Qi Pty Ltd, which operated a 7-Eleven retail store on William Street until March 2017, and the store’s former manager, Ai Ling “Irene” Lin.
It is alleged that after 7-Eleven head office set up a high-tech payroll system in 2016 aimed at ensuring employees were paid lawful minimum rates, the company and Ms Lin tried to disguise underpayments of three employees by requiring them to pay back thousands of dollars in wages.  
The three employees were Chinese students, aged between 21 and 24, who were in Australia on student visas. Ms Lin, from Taiwan, was also in Australia on a student visa…..

Media Release, 27 Feb 2018:
The Fair Work Ombudsman has brought proceedings relating to redundancy entitlements, in a new legal action against services company Spotless Services Australia Limited for allegedly contravening workplace laws when it terminated the employment of three workers at Perth International Airport.

Media Release, 26 Feb 2018:
The operator of a Degani café in Melbourne’s north-east is facing Court after he allegedly used false records to conceal more than $12,000 in underpayments of staff, including teenagers and overseas workers.

Media Release, 21 Feb 2018:
The operators of a Melbourne restaurant have been hit with nearly $200,000 in penalties, after a Judge ruled they deliberately underpaid workers.

Media Release, 20 Feb 2018
A Perth security company has been penalised in Court for underpaying its guards more than $200,000, with a Judge saying the company’s claim that it thought overpaying in relation to minimum rates would “counteract” other rates of pay was a “lame excuse”.

Media Release, 16 Feb 2018:
The operator of a number of massage parlours in Adelaide who said he was “too busy and lazy” to keep proper records has been penalised for contraventions of record-keeping and pay slip laws, following legal action by the Fair Work Ombudsman.

Media Release, 15 Feb 2018:
The Fair Work Ombudsman has commenced legal action against a Bundaberg-based transport company for allegedly underpaying an employee more than $11,000 over a period of just nine months.

Media Release, 14 Feb 2018:
Cleaning contractors at 90 per cent of Woolworths’ Tasmanian supermarket sites were not complying with workplace laws, a Fair Work Ombudsman Inquiry has found.

Media Release, 13 Feb 2018:
Michael Patrick Pulis, a business operator who told his employee to “seriously, f**k off…” when the worker asked when he would receive money owed to him, has been penalised $21,500.
Judge Grant Riethmuller also penalised Mr Pulis’ company, Pulis Plumbing Pty Ltd, a further $100,000 after a plumber’s labourer, who was 20 years old at the time, was underpaid by $26,882 over just three months.
Judge Riethmuller described the conduct as “outrageous exploitation of a young person”, adding that the behaviour was “such to arouse much emotion” and “nothing short of avarice”.
The worker was underpaid when he was employed by Pulis Plumbing to perform work in the Melbourne, Geelong and Bendigoareas between September and December, 2014.

Media Release, 8 Feb 2018:
A Northern Territory refuge for women and children victims of domestic violence has back-paid 11 employees a total of more than $50,000, after intervention by the Fair Work Ombudsman.

Media Release, 6 Feb 2018:
The operator of a remote Northern Territory homestead is facing major penalties after underpaying 17 employees more than $23,000.

Media Release, 24 Jan 2018:
A sushi outlet operator and an accountant have been penalised almost $200,000 for their involvement in an unlawful internship program that exploited young overseas workers.

Media Release, 22 Jan 2018:
A Brisbane labour hire business will face court for allegedly underpaying 10 employees more than $14,000 through an unlawful unpaid work experience program.

Media Release, 17 Jan 2018:
Ten truck drivers who worked for an Adelaide transport company have been back-paid a total of $374,000 following successful legal action by the Fair Work Ombudsman.

Media Release, 16 Jan 2018:
The former manager of an Oliver Brown chocolate café outlet on the Gold Coast who was ‘seeing what he could get away with’ when he exploited overseas workers has been penalised $27,200.

Media Release, 12 Jan 2018:
The Fair Work Ombudsman recently assisted workers at four businesses in suburbs south east of Melbourne to recover almost $50,000 in unpaid wages and entitlements.

Media Release, 9 Jan 2018:
A Judge has penalised a repeat-offender Melbourne childcare operator $85,000 for her latest staff underpayments, saying she required a “sharp lesson” to make her appreciate her legal obligations.

Then there is the naked exploitation outlined in the November 2017 UNSW-UTS study, WAGE THEFT IN AUSTRALIA: Findings of the National Temporary Migrant Work Survey:

A substantial proportion of international students, backpackers and other temporary migrants were paid around half the legal minimum wage in Australia…..

Underpayment was widespread across numerous industries but was especially prevalent in food services, and especially severe in fruit and vegetable picking.

Two in five participants (38%) had their lowest paid job in cafes, restaurants and takeaway shops. This was a far greater proportion than for any other type of job….

Large-scale wage theft was prevalent across a range of industries, but the worst paid jobs were in fruit- and vegetable-picking and farm work….

The study confirms that wage theft is endemic among international students, backpackers and other temporary migrants in Australia. For a substantial number of temporary migrants, it is also severe.

Besides wages theft, employers have also developed a penchant for pocketing workers superannuation.

News.com.au, 30 August 2017:

 …it turns out that Australia’s compulsorary superannuation system has a great big hole in it — one worth $17 billion.

That’s how much super employers have dodged paying in the past eight years, according to new figures released by the ATO this week.

The ATO analysis found that employees had likely missed out on $2.85 billion of their super guarantee payments during the 2014/15 financial year, because employers dodged their obligations, with small business owners among the worst offenders.

Tuesday, 13 March 2018

FAIR GO 101: It's Time To Change The Rules



Thursday, 14 September 2017

Turnbull Government's Australian Building and Construction Commissioner resigns ahead of court sentancing contravening the Fair Work Act


It appears that the Abbott and Turnbull federal governments’ chosen anti-union attack dog has feet of clay…………………….
This is what the Australian Building and Construction Commission (ABCC) has to say about its agency head as late as 12 September 2017:
Nigel Hadgkiss, APM, became the Australian Building and Construction Commissioner on 2 December 2016 with the re-establishment of the Australian Building and Construction Commission (ABCC).  Nigel has held a number of high-profile roles in both state and federal government agencies with a focus on both law enforcement and construction industry regulation, including:
Director Fair Work Building & Construction (FWBC);
Director, Construction Code Compliance, Victorian Department of Treasury and Finance;
Executive Director, Office of the Director of Public Prosecutions NSW;
Deputy Commissioner, ABCC;
Director, Building Industry Taskforce;
National Director of Intelligence, Australian Crime Commission; and
Assistant Commissioner, Australian Federal Police
In 2007, while Deputy Commissioner of the ABCC, Nigel was credited with bringing a remarkable era of peace and productivity to the nation's building sites.[i]
Nigel commenced his career with the Hong Kong Police Force. During his career he has led many high profile investigations and inquiries, and served on three Australian Royal Commissions. Between 1972 and 1998, he received 15 commendations, including two from District Court Judges, three from Supreme Court Judges, and one from a Chief Justice. Between 1994 and 1996, he was the Director of Operations at the Wood Royal Commission into the New South Wales Police Force.  During that secondment, Nigel was awarded the Australian Police Medal (APM) for distinguished service in the 1995 Queen’s Birthday Honours List. Later that year, the Australian Federal Police promoted him to Assistant Commissioner. In 1997 Nigel was invited to Toronto to appear before a Royal Commission examining the wrongful conviction of a man for first degree murder. He assisted the Commissioner in formulating recommendations to improve the administration of criminal justice in Ontario.
Nigel holds Bachelor of Laws and Masters of Commerce degrees from the University of New South Wales.  As a Winston Churchill Fellow, in 1989 he spent five months in Northern Ireland, Italy, Switzerland, Germany, England, the USA and Canada studying Comparative Methods for Combating Organised Crime.  In 1998 Nigel was invited to York University, Toronto, as a Visiting Fellow to Canada’s largest law school, Osgoode Hall, for their 1999 winter semester. Later that year he presented seminars at All Souls College, Oxford University, and at the Inner Temple Hall of the Inner Temple Inn of Court, London.
Since 1996 Nigel has been: a member of the RMIT University’s Business Management Course Advisory Committee; a Board Member of the Australian Institute of Criminology; Chair of the Commonwealth’s Executive Leadership Group Victoria; a Board Member of the Industry Advisory Board for the Centre of Business Forensics at the University of Queensland; an Adjunct Professor with the University of Queensland’s Business School; and Chair of the Audit Committee of the Australian Institute of Criminology.

[i] The Australian Financial Review Magazine, October 2007 p.121.

On 12 September 2017 The Australian revealed another side to this gentleman:
Nigel Hadgkiss appearing at a hearing into the Fair Work Building and Construction at Parliament House in Canberra
Australian Building and Construction Commissioner Nigel Hadgkiss has admitted to contravening the Fair Work Act, sparking fresh calls by the construction union for him to resign.
In an embarrassment to the Coalition, Mr Hadgkiss will face a civil penalty hearing in the Federal Court on Friday.
In an agreed statement of facts tendered in court today, Mr Hadgkiss admitted that in December 2013 he directed that looming changes to right of entry laws — that were beneficial to unions and workers — not be published by the agency.
The Coalition won the federal election in September 2013 but the previous Labor government had passed changes to the right of entry laws that came into operation on January 1, 2014.
Before the amendments, a union official had to follow a reasonable request by an employer about where they could hold site discussions with workers.
Under the ALP changes, the employer was no longer authorised to give such a request. If no agreement could be reached, the union official could meet workers in their regular meal room for discussion.
According to the statement of agreed facts, Mr Hadgkiss met two senior agency staff on December 19, 2013 and directed that no changes be made to agency educational material to reflect the new law.
A senior agency staffer said he told another senior employee that there was a political and legal risk associated with withholding the information. The employee agreed, saying he raised his concerns with Mr Hadgkiss but he was adamant “he didn’t want us to change anything”.
Mr Hadgkiss argued the then Employment Minister Eric Abetz has promised to repeal the amendments when federal parliament resumed in 2014. He believed the amendments would be repealed and changes to the educational material would have to be reversed.
But the amendments have not been repealed and remain the law.
Construction Forestry Mining and Energy Union national construction secretary, Dave Noonan said Mr Hadgkiss should resign or be sacked by Employment Minister Michaelia Cash.
“It’s a very serious matter when the regulator breaks the same laws they are supposed to be enforcing,’’ he said. “Can you imagine if the head of the ACCC admitted to breaching the Corporations Act?
According to the Remuneration Tribunal, Mr Hadgkiss receives a taxpayer-funded salary of $426,160 a year.
Asked if Senator Cash still had confidence in Mr Hadgkiss, her spokesman said “the matter is still being determined by the court and it would therefore be inappropriate to comment at this stage”.
Opposition workplace relations spokesman Brendan O’Connor said Senator Cash had “allowed her regulator to intentionally operate in breach of the very legislation which he is authorised to enforce”.
“Unless and until the Minister publicly denounces Commissioner Hadgkiss and takes appropriate action, any comments she makes about upholding the rule of law are hollow and insincere,’’ he said.
ACTU secretary Sally McManus said Senator Cash must sack Mr Hadgkiss.
“Surely the person who has the highest responsibility, a greater responsibility, to abide by industrial laws is the person in charge of upholding them,’’ she said.
“If a police chief recklessly broke the law, which Nigel Hadgkiss has admitted to, their position would in untenable and there would be consequences. If a worker fails to follow workplace laws they can be sacked.
“Michaelia Cash is calling for the sacking of union leaders — what standard will she apply to her own employee who is in charge of upholding her laws?”
Mr Hadgkiss admitted to contravening section 503 (1) of the Fair Work Act which says a person must not take action with the intention of giving the impression, “or reckless as to whether the impression is given that the doing of a thing is authorised when it is not.
Mr Noonan said Mr Hadgkiss admitted “his conduct was reckless”.
“We believe the result of that recklessness is that the industry was misled on a key issue affecting workers’ rights,” he said.
“He has taken great care to bring multiple prosecutions against unions and workers over right of entry breaches, but has failed to conduct himself with reasonable care in relation to these same laws, and in particular those parts of the laws which extend some benefit or protection to workers.
“Mr Hadgkiss’s position as a regulator is compromised and untenable, and he should resign immediately,’
The consequence of the direction by Mr Hadgkiss was that a fact sheet, poster and pocket guide available for download on the agency website was not changed until July last year.
An article detailing the right of entry changes was published on the agency intranet for staff on January 9 2014.
It said given the changes will be “rolled back in the future”, staff should only provide advice about them if specifically asked, and presentation should not include slides about the new provisions.
On January 9 2014, Jeff Radisich, executive director of northwest operations, asked Adam Copp, the agency director of stakeholder engagement, whether the roll back would occur.
“I thought we would be stuck with these provisions until the Senate change over in July,’’ he wrote. “If that’s the case we are running something of a political and industrial risk by withholding info on the law as it currently stands.”
Mr Copp replied “to be honest, I do share your concerns and talked to Nigel about it last year”.
“However, he was absolutely adamant that he didn’t want us to change anything as the government intention is to change the legislation. He said he was extremely comfortable handling it in (Senate) estimates or the media or wherever. He felt pretty strongly about it.”
Mr Hadgkiss eventually directed the fact sheet, poster and pocket guide be withdrawn last year after Mr Noonan wrote to him in July last year, saying they misrepresented the requirements of the Fair Work Act.
A spokesman for Mr Hadgkiss said he would not comment as the matter was before the courts.
In the statement of agreed facts, Mr Hadgkiss admitted he had not read the fact sheet, poster or pocket guide prior to reviewing for the purpose of the current court case. Nor was he aware of their specific content.
He admitted he had not studied the right of entry amendments or the amending act but relied on media reports and commentary at the time to get an understanding of the broad nature of the amendments.
He said he “did not intend, believe or advert to the possibility” that an impression would be given that something was authorised by the Fair Work Act when it was not authorised.
However he accepted that he could reasonably have been expected to have foreseen the continued availability of the fact sheet, poster and pocket guide could give the impression the pre-2014 legal position remained.
Mr Noonan said the CFMEU has raised objections about the ABCC materials since 2014.
“For over two years, from 2014 until the CFMEU complained to the ABCC in 2016, multiple ABCC publications on right of entry laws did not accurately describe this provision, and incorrectly asserted that union officials had to comply with the employer’s wishes on the location of meetings,’’ he said.
“While the ABCC had ensured the correct legal position was known internally to its own staff, it disseminated incorrect information to the public and across the industry.”
The maximum fine faced by Mr Hadgkiss for the breach is $12,600.

Mr Hadgkiss will face a civil penalty hearing in the Federal Court tomorrow, Friday 15 September 2017.
Readers may remember that this is not the first time Mr. Hadgkiss has exceeded his brief.
The Sydney Morning Herald, 4 October 2014:
ABCC deputy commissioner at the time, Hadgkiss summoned Tribe to a compulsory interrogation, which Tribe refused to attend. He risked six months in prison but a magistrate ruled that only the ABCC commissioner had the power to issue the summons and he had not lawfully delegated that power to Hadgkiss. The ruling effectively ended the ABCC's widespread use of coercive powers.

Then there is Hadgkiss’ penchant for selectively relying on the Murdoch media for his erroneous information.


https://youtu.be/VCTU066MXvc


By 13 September 2017 it became obvious that the Minister for Employment and Liberal Senator for Western Australia Michaelia Cash had decided to put a lid on the situation - possibly in the hope that nothing more concerning the ABCC entered the public domain - applied something like the 'three strikes' rule and announced that Nigel Hadgkiss was no longer employed:

Mr Nigel Hadgkiss APM has today tendered his resignation as Commissioner of the Australian Building and Construction Commission, which has been accepted by the Government..............Mr Hagdkiss will serve a two week transition period to facilitate a handover of his responsibilities to an acting Commissioner.

Closing the stable door after the horse hand bolted did not save the minister from her own folly however.

It seems Senator Cash had been aware of Hadgkiss' breach of industrial relations law since October 2016 ans sat on this information.
Apparently the national electorate is to believe that she was so disinterested in her portfolio that she missed this media report published almost two month earlier.

The Australian, 22 August 2016:

The construction union claims taxpayer-funded information being handed out by the building industry watchdog is reckless and illegal.

The CFMEU on Monday began action seeking penalties in the Federal Court in Sydney against Nigel Hadgkiss, the director of the Fair Work Building Industry Inspectorate.

The union says pocket guides and posters misrepresent the right to entry provisions of the Fair Work Act, which stipulate union officials are permitted to meet with employees in lunch sheds where other arrangements are not mutually agreed to.

Mr Hadgkiss told AAP in a statement: “It is inappropriate to comment on an action of this nature whilst the matter is before the court.”

CFMEU national construction division secretary Dave Noonan said Mr Hadgkiss should know better.

“It’s galling to think that Mr Hadgkiss, whose organisation have charged themselves with solely and doggedly policing right of entry disputes between the union and employers, would have promoted and distributed such critically false information,” Mr Noonan said in a statement.

UPDATE

The Guardian, 13 September 2017:

The government confirmed on Wednesday night that legal assistance would be provided to Nigel Hadgkiss in accordance with normal practice.
While the legal costs will be covered, a spokesman for the employment minister Michaelia Cash said Hadgkiss had “neither sought nor received any indemnification against any penalty that may be ordered by the court”.
It is possible he could apply for indemnification once the court proceedings move forward.