Senator Eric Abetz

I invite you to contribute your stories and examples to the Labor IR Shame File.  Please be assured your submissions will be treated confidentially.

Aged Care and Social and community Services home care and Disabilities members may be aware that on 1 January this year the operation of the new National modern Awards came into effect... The resultant changes associated with the introduction of the awards has caused significant confusion and angst amongst members.
Health and Community Services Union Tasmania.

Last night my daughter lost her after school work at the local deli in Port Augusta. The reason that her employment was terminated was because she can only work 2 hours shifts after school. Her normal work hours are 4pm until the deli closes at 6pm. I understand that it is now the government work place arrangement that 2 hour shifts are not to be worked. I feel that the workplace ruling is destroying the work ethic of young people.

ACTU vice-president, Linda White, said the award modernisation process had been "soul-destroying". She lashed out at a new Fair Work Australia ruling that she said risked leaving thousands of her members in the airline industry worse off. "Our safety net has been lowered and it is because of the government's award modernisation process," she said. "While the government may not have wanted this to occur, unfortunately their system has let this happen.
ACTU vice-president, Linda White: The Australian 1/3/10.

As an employer of approaching 250 people in Tasmania, it is very difficult to get a solution in particular to Restaurant Trading. Most regional restaurant businesses in any township with a population of less that 100,000 will go under if a sensible workplace agreement cannot be reached in relation to weekend trading and public holidays. Some restaurants have agreements in place which are expiring, some have a four year period in which they must increase rates by 80% or 20% a year and some are simply closing on public holidays and Sundays. If we cannot reach agreement by June 30th 2010 the business at weekends is unstainable which will probably force us to close the business for the winter period and potentially the restaurant itself for the longer term.

We employ two students each twice a week for 1.5 hours, we also employ them on the weekends, so there is no way we exploit these students in any way, however we are not prepared to pay them 3 hours pay for 1.5 hours work so we have terminated these hours. Once again this government has not thought through its policies and have penalised country and working class people.

We are seeking support to protect the jobs of school age part-time/casual workers and in doing so point out how impractical the minimum three hours shifts are for many students and businesses... We have up to eight young people that fall into this category... It is quite difficult for a three hour shift on week days, particularly in country areas where the only businesses that can actually offer this are places like McDonalds, KFC etc, and these businesses have limited jobs available.

There has been a lot of confusion concerning the new award system. Most people don’t seem to know what’s going on or which ‘modern’ award applies to their business
-Independent Contractors of Australia

I have been employed in the Caring industry for 11 years in a variety of positions. I was permitted to work as many hours as I chose, but now under this new federal government legislation my maximum standard working has been cut to a very limited 38 hours or less per week as a casual employee. I have been informed by my company that they are not allowed to roster me on overtime until they have exceeded their entire permanent part time employees list. Hence as a carer, under this new legislation I have been vastly affected by the number of hour I am now able to work.

Under the new Fair work legislation it would appear that I too will be worse off than I was under my old award.  Previously, as a part time permanent employee, worlking a 32 hour week in the NSW Club industry, if a public holiday fell on my usual rostered day off I was paid a pro rata payment of 6.4 hours for public holiday not worked. Now, even though the Modern Award clasue 10.4 (a)(ii) provides that a part-time employee receives on a pro-rata basis,equivalent pay & conditions to those of full-time employees who do the same kind of work.It would seem that the National Employment Standards, Sec 56 removes this payment. I would suggest that this makes me worse off under the Prime Ministers new workplace legislation.

Businesses in Broken Hill are having difficulty transitioning to the New Award System. There is inconsistency seeping in to the making of the awards. For example the Business equipment Award had a broken Hill allowance of $28.80 prior to becoming a modern award and it is our understanding that the allowance will be transitioned out in 5 years. Now Hairdressing's MA has just been amended to include a clause for broken Hill and it defines the allowance for businesses in the County of Yancowinna. business Broken Hill believes the allowance is detrimental to growth of businesses and trading in our community.

I heard on local radio today that free Industrial Relations seminars on Fair Work Australia are being held in my area - Grafton. I consulted the website and discovered to my astonishment that all the seminars in my area were full - the next ones being available in May 2010. I then spoke with a call centre person who infomred me that there are a whole 3 people qualified to speak about this Fair Work Fiasco in the whole state.

I have contacted Fair Work on 6 occasions to ask for clarification of Compassionate Leave with the definition of Life threatening. My employer being a small business cannot afford to hire consultants to help discipher the Fair Work Act. My employer is considering downsizing staff levels as she cannot afford this.

Monday afternoon I had the pleasure of dialling 131394 Fair Work Australia to gather and obtain information pertaining to Long Service Leave provisions, unfortunately the message and data information that I was constrained to listen to was, for me un-productive and a waste of my time. I made the phone call at approximately 1400hrs WST, the recording offered several options, on selecting the option required I was informed that there was a large number of callers before me and I was offered the options of sourcing the web page, or ringing back later.To top it off, when the message had finished I was hung-up on, further I was disappointed in having to listen to all the information only to realise an end gain of frustration and loss of productivity at my end.

I run a tutoring company with my husband. We operate on an hourly basis with students booking one hourly sessions with a tutor. This means Students book a one hour session with a tutor we charge for a one hour session. The new work choices which are supposed to be so "flexible" means that we are unable to operate within the law. We are now required to pay a minimum of 3 hours to a tutor - who by choice only want to work 1 or 2 hours per night of work. The majority of our Tutors are university students paying their way through university. We pay well above award and have to be totally flexible to our tutors needs as they require every holiday off to study and are limited to the amount of hours they work - due to their own study committments. We of course cannot charge the student for Tutor time they are not receiving and we cannot pay a tutor for time they are not teaching a student. As a small business how are we to survive when we cannot work in the industry for which we are trained. We are flexible to our student and tutor requirements - this is our business. The government has now tied our hands and will in effect take us out of business - tell me how is that flexible?

I have a disabled daughter and we find getting respite very difficult. Yed wages for people who work in this area are being cut. i know that people are leaving the workforce because of the money and the changed working conditions. Women who used to work getting clients out of bed, showered etc of a morning and go back later in the day to put these same clients to bed are unable to do so because of award changes. Because their work day would extend more than 12 hours. They have chosen to do these split shifts.They cannot make enough money working either mornings or evenings so they are looking for alternative employment. It is only February and I know two women that have left their NGO organisation to do alternative work. We are losing so much experience.I have written to M's Gillard and have not had an answer at this time.

My wife and I usually work 9.5 hours a day each - 7 days a week ( 66.5 hrs) when needed to do Orchard work. NOW - we are made to work a 38 hr week BECAUSE of this new RUDD penalty rates stuff up. The farmers cannot afford to pay the penalty rates - we have lost 28.5 hrs each per week because of this.That means we are $433.20 each worse off.

I have been in full time employment in NSW for 49 years and 29 years in TAFENSW. The greatest attack on my work conditions, in that time have come from this NSW Labor government with support from  the Federal Labor.I have emailed Julie Owens and  Michal Richardson  my federal and state members outlining  anger with LABOR's WORKCHOICES

Under the clothing Trades award 1999 a casual employee is paid 1/38^th of the weekly award wage  plus a loading of 33-1/3% [Clause 18.3]. Under the Textile Clothing, Footwear & Associated Industries Award 2010 [Clause 14.3] a casual employee will be paid 1/38^th of the weekly award wage plus a loading of 25% Unless there is something noted elsewhere in the award this means that these workers get a pay cut of 7%. Do I recall someone in high office saying that no one would be worse off under the new awards? Now you may call me weak, but I do not want to tell my casual staff they are now 7% worse off because of the political party that supports working families It will be mentioned to them, but it will also be mentioned that we do not see it as fit and proper to reduce their pay

Before Xmas we received a letter advising us that the method of working out our entitlements would be changed BUT UNDER NO CIRCUMSTANCES would we be worse off. Today I found out that we will be worse off by approx $4000 pa. We were also told that there is nothing we can do about it, too bad, call your local MP.

When you talk about jobs, these modern awards will make businesses like mine where its recognised returns and margins are tight shrink the work force not expand it. Already I  am trying to squeeze hours out of the business to balance the books. Hospitality and catering is traditionally the breeding ground for the workforce of tomorrow many many people start their working lives in fast food & restaurants. We employ many youngsters aged 15 to 18 and many students. Of the 300 I have employed for instance. Some 75 % live at home still. I would employ more people not less to give better service given incentives to do so. Payroll tax is an issue for me and many businesses like mine we are entrepreneurial in creating jobs but this again stifles them.  How can you square that circle having a tax to employ someone !.  Especially in these economic times.  Having worked overseas where its generally recognised that hospitality workers in some restaurants (not all I  concede) bring in a third, fourth wage into the household the wage dynamic is more open for negotiation between the employer and employee.  Our employees typically are not the ones paying rent, rates and such like and trying to provide for families they are supplementing the family budget if anything easing the burden for parents so we should be trying to get more of them into work not less. My point is not to say they will not get a decent rate it's to say this constant upping of the minimum living wage makes it harder to offer more jobs. Currently the base rates are not yet finally set for the modern award they are likely to rise before the July 1^st implementation trigger for the next phase. Already I'm looking at who, what I can do to cut more hours from the business.  The government's original intention with Modern Awards was not to increase costs for business or erode wages, but the former will eventuate.

On Friday February 5, 2010 the front cover of The Australian newspaper ran a feature article describing how 6 youths aged between 16 and 18 were sacked because the Fair Work Act will not let them work less than three hours per day. We employ students in the same age bracket in our office after school. Our office is typically open between 9-5 Monday to Friday. But to accommodate students we stay open till 5-6pm. The students love the work and during school holidays we give them extra hours. They help us pack stock and perform various administrative tasks. Unfortunately, it is not feasible or financially viable for us to employ them for a minimum of 3 hours per shift.

Rudd's 10 point policy regarding his reform on Fair Work is an absolout joke and unfortunately the joke is on the employer. How can we possibly base ay pay structure when we have to abide by 5 Awards?

Under the new Fair work legislation it would appear that I too will be worse off than I was under my old award. Previously, as a part time permanent employee, worlking a 32 hour week in the NSW Club industry, if a public holiday fell on my usual rostered day off I was paid a pro rata payment of 6.4 hours for public holiday not worked. Now, even though the Modern Award clasue 10.4 (a)(ii) provides that a part-time employee receives on a pro-rata basis,equivalent pay & conditions to those of full-time employees who do the same kind of work.It would seem that the National Employment Standards, Sec 56 removes this payment. I would suggest that this makes me worse off under the Prime Minister's new workplace legislation.

As of 1 January 2010 my Salary was reduced by $440 per fortnight as a result of my employers interpretation of the new Fair Work Australia Laws.

Here are some facts:

1. I work Part time 55 hrs per fortnight, for a local Government Council, having commenced this employment on 1 October 2007.
2. I am covered by an Enterprise Bargining Agreement (EBA) which meets all the minimum standards listed in the National Employment Standards.
3. My EBA allows me to take a 25% loading in lieu of annual and sick leave.
4. On 1 January 2010 my employer removed this loading and reinstalled leave entitlements.
5. This resulted in a reduction of my fortnightly salary of $440.
6. I had based my financial committments around this salary and was immediatly under financial pressure to re-negotiate loans etc.
7. I immediatly contacted our Human Resourses Department to convey my protest at the changes.
8. No help was given from my employer so I contacted the Hon Ms Julia Gillards office as well as Ms Natalie James (Legal Council) Fair Work Ombudsman and recieved a reply in writing which I presented to my employer who made no offer to change the current situation.
9. I now have a hearing next week with a Commissioner from Fair Work Australia and my employer to try to resolve this issue.

This legislation is a mess in that it should have prevented and or accommodated for the detrimental effects it has on employees.

Comments from Dean Mighell (Secretary, Electrical Trades Union), Radio 3AW interview with Neil Mitchell. Noting that the following comments are from a union that contributed so much to the ALP and were promised so much from Labor and who now say Labor has betrayed them.

" Many people took Labor at its word, said we won"t be worse off, but this award modernisation programme is causing a lot of grief for a lot of people, and Labor's very sensitive to it. It's an ultimate betrayal."... Dean Mighell. (3AW 11/2/10)

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"Everyone will remember Tracy, the highly stressed working mother who featured in the ACTU Your Rights at Work TV ads. Well, Tracy, if you still work in a workplace with fewer than 15 employees you can still be sacked unfairly and, worse, your basic award conditions have been reduced under Julia Gillard's modernisation program."... Dean Mighell. (Age 11/2/10)

Since July 2009, my shop has been visited by unions on seven occasions. My staff don't want to join the union and they are treated well. I've checked it out and there is nothing I can do to stop this. The visits don't help and I give very good money and conditions to my staff, but the union man still keeps coming in and there is nothing I can do to stop this. It's my business and I feel powerless.

My husband I have run a small company in Launceston since 1977.  We were joined in the business by our son in 1990.  The balance of our staff are a Warehouse Manager/Phone Sales person, warehouse worker, office clerk, a casual clerk who works from her home (she has a 6 mths old baby), a commercial traveler/phone salesperson and a part time person doing clerical and vendor refills at hardware stores.  My husband is sales and marketing manager, my son overall business manager and I handle finances.Since commencing our business in 1977 we have come under the Wholesale Trades Award.  This award provided us with awards covering the wage structure for all our classifications of employees such as warehouse, clerical, phone sales, commercial travelers with relevant conditions for staff under that award.We received notification yesterday that as of 1^st January 2010 we now need to contact the Fair Work Federal website to assess what award we should now work under for our staff. Apparently we must begin to use a new award as from 1^st July 2010 for our staff. Having looked at this site I found it totally confusing!  I was simply advised that I would find all the answers on the Fair Work website!  What rubbish!I have now wasted 2 days of my valuable time trying to find an equivalent award under the new system to provide me with the information. To us it has so far been a nightmare and no doubt my frustrations must be being repeated by many others at this time!

The paycheck on the FWA website does not provide the correct information. I have tried to find the correct wages for all my employee categories and in all instances, it is not providing the correct information.  I have sent an email to the FWO and following is a copy. The paycheck feature on your website is not providing the correct wage information for my employees. Our employees under the Baking Industry Award of Tasmania are:
Full Time Qualified Pastrycook Level 5 Employee, full Time Adult Shop Assistant Level 4 Employee, junior Casual Shop Assistant pro rata Level 4 Employee. We have had official notification from your office that as a bakery, we are under the General Retail Award. When we enter pastry cook qualified in your paycheck, neither of the above awards come up. When we enter Adult shop assistant, Level 4 employee under the Baking Industry Award does not come up. When we enter Junior shop assistant, the Baking Industry Award does not come up at all and the wage rates that come up are less than what we are paying. If you do not correct this information, there will be a lot of small businesses held liable for paying the wrong wages. Even an error of $1 an hour can equate to $1500 a year. As a small business we cannot afford to pay for your mistakes

I run a newsagent and employ three people. Under our new award, my wages costs have gone up over 10%. Its basically the same award as before, but with higher penalties and less flexibility. Now I have to work on Sunday as I just can't afford to pay the extra money to have my staff work anymore. I am unhappy as I lose time with my family, and my staff miss out on the extra weekend work.

I sacked a worker because his cash register was always short of money at the end of his shift. I only have 5 staff, but I still ended up in the industrial commission. Even though I was in the right, the commission told me it'd be easier to just pay my worker some money and settle the claim, as it would cost me thousands in legal fees. I will think twice before replacing him with a new worker. There are too many risks.

I am a teacher employed as a Director at a child care centre.

I am being forced to use a new award because of Fair Work Australia. My old award was Teachers (Non-government Early Childhood Service Centres other

than pre-schools) (State) Award 2006 [AN120545-NSW). The new award is Educational Services(Teachers) Award 2010.

The new award (section 24) says personal leave is provided for in the NES i.e. ie days paid personal leave per year. The old award (section 7.1) says 15 days paid personal leave in the first year of employment and 25 days paid personal leave for the second and subsequent years of employment.

I spoke to one of the consultants at the Workplace Infoline and he said I will lose my personal leave entitlements of 25 paid days and will have to accept 10.

Regardless what you think about the number of paid personal leave days under the old award, the fact is it's a loss of entitlements. It doesn't seem very fair work for me.

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