Michael Stutchbury, Economics editor | March 31, 2009
Article from: The Australian
AFTER returning from the G20 summit in London, Kevin Rudd should hit the pause button on Julia Gillard’s second round of workplace re-regulation. Otherwise, the Rudds will not want to get sick outside standard business hours. Their local chemist could be shut because of punishing new penalty rates imposed by Gillard’s award “modernisation”.
Before he left for overseas, Rudd was pinned down on the ABC’s AM program on how pushing up the cost of labour through the new workplace legislation and the separate award modernisation would protect jobs. The Prime Minister had no answer.
Gillard since has conceded that “there is a negative relationship between minimum wage increases and employment” and that “there is more reason to be concerned” about this as the economy slides into recession. The “biggest thing” on the Fair Pay Commission’s agenda should be jobs, she says.
Until now, the FPC set up by John Howard has lifted the minimum wage in line with price inflation. Gillard’s call for a “considered increase” from the FPC’s scheduled July decision appears to mean a real cut to the minimum wage, possibly compensated by tax offsets for low income earners in the May budget.
Gillard talks of the FPC’s decision as being important for “low-income Australians”. But most of the 140,000 workers on the $543.87 federal minimum weekly wage are not in low-income households.
They’re typically students or second income earners. And most of the 1.3million working Australians on allminimum wages adjusted by theFPC decisions are paid considerably more than the $14.31 an hour federal minimum. They’re onaward pay scales that stretch beyond $40 an hour and even into annual six figures.
This is the award system that Gillard has ordered the Industrial Relations Commission to modernise as it morphs into Fair Work Australia and as Howard’s FPC bites the dust come July.
Unique to Australia, the award system is a sediment of compromises over countless industrial disputes stretching back more than a century. By one reckoning, there are 4053 different awards, containing 4000 pay scales and 105,000 job classifications, along with all sorts of detailed rules about penalty rates, meal breaks, overtime and loadings.
The Striptease Industry Conditions Award provides a $20 loading for employees required to expose “nipples, buttocks or genitalia” in any “parade representing the employer’s business”.
But rather than relax the grip of the shambolic old award system and pay-scale structure, which the Fair Pay Commission planned to do, Gillard’s exercise will tighten it.
The new simpler to manage grid of pay scales, loadings and sundry conditions on Australian businesses and the 10.8 million people they employ will be reinforced into something more solid and more downwardly inflexible.
The exercise aims to structure awards around industries, largely reflecting the history of coverage disputes between the monopolistic trade unions that pay most of Labor’s bills. But there will still be occupational awards across industries when occupational unions are institutionally strong enough, such as for metal maintenance workers, nurses and clerks. Emerging new industries such as call centres, web design and biotechnology will be more easily roped in through “common rule” and a catch-all award.
Rather than fashion flexible working arrangements around evolving business dynamics, the exercise inevitably reflects the mindset of the old system. So-called hard-won gains – such as the peculiar Australian award condition that workers must be paid 17.5 per cent more when they take annual leave – cannot be surrendered when times change. Instead, a union beachhead of higher pay and conditions wrung out of one vulnerable business or industry through collectively bargaining must be consolidated so it can be spread to the rest of the award system. And the new Fair Work Australia will run award test cases every few years, perhaps on maternity pay or sex “discrimination”, which will insert new minimum award conditions to be obeyed by collective bargains.
Gillard’s impossible decree that modernisation cannot cut employee conditions or push up employer costs predictably is producing the default position of levelling up. Casual employment has been the great escape from the system, particularly for service industries. Levelling up to the metal trades standard will impose a higher economy-wide casual loading of 25 per cent, which prices a lot of casual work out of business.
Two weeks ago, this column explained how the restaurant trade would be forced to operate under the “modernised” award designed for the more unionised hotel or pub industry, including penalty rates of up to 275 per cent for serving food on public holidays.
The IRC relented on its first bid to rope the pharmacy industry into the modern retail award based on the conditions won in big department stores. But the levelling up for the new Pharmacy Industry Award 2010 will mean an end to the modest penalty rates that until now have applied for casual pharmacy assistants and that have allowed many chemists to remain open outside standard business hours.
First, the new award will impose the new standard 25 per cent casual loading on top of full-time wages, which themselves will increase by up to 250 per cent for public holidays. For casuals, Saturday work after 9pm will attract a 150 per cent casual loading; Sunday work 200 per cent and public holidays 312.5 per cent.
Much of the pharmacy price structure is set by government regulation, reducing the scope to pass on such labour-cost increases. This will increase the pressure on chemists not to open at night, weekends and public holidays.
Gillard’s department lamely claims that “the flexibilities and simplifications available through modern awards and the institutional framework should have a positive effect on business costs”, whatever that means. But the new pharmacy award requires any “emergency” changes to a part-time pharmacy assistant’s roster be made in writing 48 hours in advance. And it requires that any work done in excess of part-time rostered hours be at least time and a half.
Just as it has done for executive pay and maternity pay, the Government should put the Productivity Commission on to assessing what this award modernisation exercise and the in-the-bag Fair Work legislation will do for job creation and unemployment. That may give Rudd some answers.
http://www.theaustralian.news.com.au/story/0,25197,25265377-7583,00.html