Australian Institute of Employment Rights

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The AIER Executive warmly congratulates Paul Munro on becoming a Member of the Order of Australia, announced in the Queen’s Birthday honours.

Paul, who is currently Acting President of AIER, has had a long and distinguished career in industrial relations and industrial law as a lawyer, a trade union official and as an arbitrator, including as a Senior Deputy President of the then Australian Industrial Relations Commission until 2004.

Since his retirement from the Commission, Paul has continued to contribute to improving industrial and employment relations in Australia. Paul has been active in the AIER since its inception and has contributed tirelessly to AIER’s success. He was a key architect of AIER’s Australian Charter of Employment Rights the seminal tool that has guided AIER’s work since 2007.

From 2005-2012, Paul was Patron of the Industrial Relations Society of New South Wales.

Paul was also Deputy Chair of the Independent Inquiry into Insecure Work, sponsored by Australian Council of Trade Unions, 2011-2012 and an Adviser to the recent Inquiry into the current role and contextual complexities of principals and deputy principals in Western Australian public schools – Documenting the Dimensions.

Those who have worked with Paul note his generosity of intellect and the genuine affection with which he mentors those who he takes under his wing.

Paul has made a significant contribution to both public life and public administration and the AIER welcomes the recognition of his work through the Australian Honours system.

Paul becomes a Member in the General Division of the Order of Australia.

This is recognition well deserved and well earned.

Lisa Heap
Executive Director, AIER

A report released today has found that the salaries and systems supports of principals and deputy principals in Western Australian public schools are inadequate and do not equate to those for equivalent roles in other industries and occupations.

The Report, Documenting the Dimensions, is the most comprehensive investigation of these roles ever undertaken within WA, examines the work, contextual complexity and expectations of WA public school leaders. Whilst focusing on the experience in WA the research findings are likely to have nation wide implications.

A Panel of independent experts commissioned by the State School Teachers Union of Western Australia (SSTUWA), including former system heads Fran Hinton (ACT) and Margaret Banks (NT), spent five months talking to over 500 teachers, deputies, principals, parents, community and business leaders about the roles and the expectations of them.

The Australian Institute of Employment Rights (AIER) provided the research team that supported the Inquiry process and drafted the Report that captured the Panel’s findings and recommendations.

Key findings of the Inquiry include:

• The past 20 years have seen change in many, if not all, areas in which schools are expected to operate

• It is remarkable that in the face of constant change, school leaders in Western Australia have kept their focus on leading teaching and learning, to the extent that they have

• It is of concern that school leaders are not being adequately supported to lead the changes that are being required of them in terms of the delivery of quality student opportunities and educational outcomes

• Principals and deputies have welcomed many of the changes, and in particular, their new decision making responsibilities, including the accountability and professional changes they bring

• The ability for the system to attract and retain dedicated skilled school leaders will be central to the success of WA public schools, however their appears to be fewer applicants for these roles and many who were once aspirants have indicated they are turned off from the roles because of lack of system support and access to development opportunities

• Remuneration offered to principals and deputy principals does not match the duties, responsibilities, skills, knowledge, judgement and decision-making and accountability required for the roles.

• Principals and deputy principals are exercising end of line managerial responsibilities for significant operations.

Recommendations for change address four key areas

Recognising and clarifying leadership roles and good leadership practice

Addressing the excessive workload and administrative burden on principals

Giving more attention to identifying, inducting and developing future leaders

Reviewing, improving and realigning salary structures including benchmarking these salaries against public sector CEO, non CEO Executive Officer ranges and with CEOs of local government.

The Report captures the voices of principals and deputies across the state at a time when they have indicated that they feel increasingly alienated from the system that is meant to support them.

Lisa Heap
AIER Executive Director

AIER is proud to announce that it has been commissioned to provide the research secretariat for a new Inquiry investigating the complexities of work for WA school Principals and Deputies.

The State School Teachers Union of Western Australia [SSTUWA] has asked a Panel of independent experts and AIER to investigate and report on the impact of changes in the education system and the community on the duties, responsibilities and complexity of work of Principals and Deputies in WA public schools.

The Inquiry, headed by Fran Hinton former Chief Executive of the ACT Department of Education and of Teaching Australia, will examine key issues such as

1. Changed complexities of the work performed
2. Changed expectations of Principals and Deputies in last 20 years
3. Changed duties of Principals and Deputies
4. Adequacy or otherwise of current systems of support
5. Attracting and retaining experienced and skilled Principals and Deputies
6. Workplace conditions of Principals and Deputies.

The AIER team will be support the Panel of experts and undertake an investigation of the relevant published research in the area.

AIER Executive Director, Lisa Heap said

This will be the first detailed examination of the work of these vital roles since 1991. The outcomes from the Inquiry are likely therefore to be of significant public interest. The SSSTUWA is to be congratulated on their commitment to engaging the public and community in this discussion and for using a rigorous research based approach to the formulation of their policy initiatives in this area.

Details of the Inquiry are available from www.schoolleaders.org.au

Members of the public, parents and in particular academics with an interest in the area are particularly encouraged to make submission or attend the public forums.

Media comment: Lisa Heap, AIER Executive Director 0418 996 354.

The latest edition of AIER magazine is out now. Entitled Current Controversies - this edition explores some of the key issues in the current public discourse about workplace relations. In this lead article AIER Executive Director provides an overview of the content of this issue of the magazine.

The arena of workplace relations never lacks issues and controversy. While employees and their employers have much in common and much to gain through mutual effort, some tension between them is likely to be ever-present. Employee earnings are employers costs. Workplace ‘flexibility’ is often worker insecurity.

We spend much of our adult lives at work. Workplaces can be places of social contact, learning and professional development, and achievement;or places of drudgery, boredom, harassment, and real danger of death and injury. Collectively, the outputs of workplaces – in both the private and public sectors – determine the economic well-being of our society and also contribute enormously to social and community well-being.

Onto this complex mix, governments seek to superimpose rules determining behaviour and outcomes. They are never short of advisers with a vested interest in telling them what they need to do. This year has been no exception. Productivity has continued to be a hot topic and AIER was pleased to be at the centre of this through the second annual Ron McCallum debate in Sydney. The Fair Work Act has been reviewed and the government has had plenty of advice – expert, partisan and otherwise on what needs to be changed or retained. The new system’s modern awards are also undergoing their first formal
review although ultimately changes are not expected to be great. However, into this mix has come Senator Nick Xenophon with a radical proposal to bypass Fair Work Australia and legislate to remove penalty rates from small business employees in retail and hospitality.

Bullying remains a serious concern in many workplaces – AIER and other organisations have made submissions to a parliamentary committee of inquiry, seeking to address this issue. As AIER President Michael Harmer said in verbal evidence to the Inquiry, this is a general cultural problem in Australia that needs decisive action, particularly to address the chaotic regulatory‘system’ that allows bullying to flourish in some workplaces.

Approaches to industrial relations continue to evolve in the wake of Qantas’s 2011 action to ground its planes in order to bring protected industrial action by three unions to a head. These matters have industrial parties re-examining their tactics.

A new President was appointed to Fair Work Australia this year after a long stint at the helm by the well-respected Geoffrey Giudice. I am very pleased that His Honour, now an Honorary Professor at Melbourne University, has contributed an article on the importance of an independent industrial relations tribunal in this country. His Honour worked hard to maintain the tribunal’s independence from all would-be influencers during his time at the top, earning him respect from all sides. I commend his article to you.

Controversies will always exist. Our mandate at AIER is always to try to find common ground between employers and employees, in an effort to create decent work and decent workplaces for all.

Copies of The Debate are available free to AIER members.

Article 10 of the Australian Charter of Employment Rights deals with the rights and obligations of employers and employees to participate in good faith dispute resolution processes, and “where appropriate, to access an independent tribunal to resolve a grievance or enforce a remedy”.

Earlier this year, the Hon. Geoffrey Giudice AO retired as President of Fair Work Australia after a long stint as head of that tribunal and its predecessor, the Australian Industrial Relations Commission. In this article, contained in the new edition of AIER’s magazine The Debate Giudice reflects on the importance of the independence of the tribunal, of which he was a strong champion during his tenure.

This article is only one of several that form Edition 3 of the AIER’s magazine The Debate. This Edition of The Debate covers current controversies and includes the following articles:

- Barclay in the High Court – an opportunity lost, Mark Irving

- The Statutory Guarantee of Freedom from Interference: Section 580 of the Fair Work Act (2009), Geoffrey Giudice

- “Nimble, productive but fair.” Can the Fair Work Act produce workplaces like these?, Lisa Heap

- Privacy and work: Can you keep a secret?, Mary Lambert

- Employer response actions in the wake of the Qantas dispute, Sean Reidy

- Productivity and industrial relations – a report of AIER’s second annual Debate, Keith Harvey

- Workplace bullying – eliminating the ‘limbo-dance’ remedy, Michael Harmer with Keith Harvey

- Using the AIER Charter in a tertiary education context, Marjorie Jerrard

The magazine is free to AIER members. You can join online via our website.

Ron McCallum Debate Summary

Let’s build workplaces that are “nimble, productive and equitable” says Ron McCallum

Speaking on August 2nd at the AIER’s 2nd Annual Debate named for him, Emeritus Professor Ron McCallum, whose long-awaited Review of the Fair Work Act was released the same day, called for the creation of Australian workplaces that were nimble, productive but fair. “This is what I want to see for my children and grandchildren”, he declared.

The Institute’s second Debate in the Justice at Work series examined closely the key issue of productivity in Australian workplaces, asking: is productivity the imperative and if so at what cost does it come?

“More productivity” has become the catch-cry of politicians, economists, commentators and employer associations, particularly during the Review of the Fair Work Act conducted by a panel of three experts headed by Ron McCallum.

In addition to Prof McCallum, who called for “the cut and thrust of rational discussion” on the Review panel’s report, the debate attracted a panel of four speakers willing to try to rationally discuss productivity.

They were:

• Peter Wilson – National President, Australian Human Resources Institute
• Tim Lyons – Assistant Secretary, ACTU
• Steve Vamos – President, Society for Knowledge Economics
• Lisa Heap – Executive Director, AIER

[Two other panel members who had intended to speak became unavailable on the day. They were: Jennifer Westacott – Chief Executive Business Council of Australia and Adam Bandt MP – Deputy Leader of the Australian Greens Party.]

The event was Chaired by Michael Harmer, AIER President and Chairman of Harmer’s Workplace Lawyers. The debate attempted to go beyond the obvious and the partisan approach to productivity to explore all of its dimensions.

Fair Work Act review and productivity

Productivity was an issue that could not be avoided in the Review of the Fair Work Act, McCallum told the 250-strong audience in Sydney. The Review report devoted a chapter to the subject noting that while productivity growth in the 1990s was strong it had been ‘disappointing’ since 2001, but this could not be attributed to industrial legislation.

This was because it had occurred under three different industrial legislation regimes: the 1996 Workplace Relations Act, WorkChoices and the new Fair Work Act. WorkChoices in particular had been “low on equity” and others may have been low on productivity – the key thing, he said, was to work to build a system that delivered both productivity increases as well as more equitable workplaces.

The Review panel wanted better, more nimble and productive workplace laws, but ones that did not sacrifice equity in the process and called for rational discussion of the Review’s recommendations which were directed at achieving these goals.

What impacts on productivity?

Tim Lyons echoed Ron McCallum’s views on the role of IR legislation and its relationship to productivity growth. He said that the highest productivity growth had been delivered under a centralized wage fixing system behind tariff barriers, but had also been boosted by enterprise bargaining.

“WorkChoices certainly did not help productivity”, he said, “nor has the Fair Work Act hurt it”. No clear link had been established between IR regimes and productivity: growth had been 1.7% under Fair Work compared to 1.1 % under WorkChoices.

Tim Lyons also noted that there had also been a ‘de-coupling” of the link between labour and productivity: the gains of productivity growth were increasingly going to capital at the expense of labor, he said. The Fair Work Act Review panel’s report finally rejected the argument that IR laws determined productivity outcomes, he concluded.

Fairness and productivity

AHRI President Peter Wilson also called for workplaces that were “productive flexible and fair”. “Total factor productivity” is the key, he declared, also taking a broader view of what drives productivity. Skills, technology and innovation are key drivers of productivity boosting change. IR laws could be the jewel in the productivity crown or could tarnish it, he said. Both WorkChoices and the Fair Work Act were backward steps in his view, since they imposed bureaucratic rules on the parties in the workplace.

Vocational skills were also a key he told the debate: “ our education outputs need upgrading for higher workplace relevance; we place inhibitions and barriers on rapid transfers of skills between sectors e.g. the highly developed technical skills we have trapped in the motor vehicle industry when our faster growing services and resources sectors need them, can’t get them and have to turn offshore instead. Nor do we get the best sustainable value from our older workers, female workers, indigenous and disabled workers …” he said.

“Economics is as much about picking future turning points,” he said,” and not complacency over the continuation of past projections. Today the world turns us around, as much as we turn ourselves. We need to be more vigilant as to what this means, and both respond to, and anticipate all this – in order to keep our productivity heads above water. We haven’t succeeded at that in the last five years, and need to be wary that soon we may be ‘running on empty’ unless we take more proactive remedies’.

Investment in people and technology is important

Steve Vamos, President of the Society for Knowledge Economics, told the audience that he was wary about straying into the arena of industrial relations, in which his organisation was not a player. He noted that it was always possible for a company to cut costs but there was a limit to this and “no company grew to greatness this way”.

What was critically important, he said, was to invest in technology, innovation and people. Real productivity growth grew out of finding ways for managers and employees to work better together, through creating a workplace culture where people “wanted to be the best” they could be.

Industrial relations might be important, he said, but it was not the end of the productivity equation: what was necessary was to cultivate workplace leadership “at all levels”.

The loss of workplace rights too high a price to pay

Finally, Lisa Heap, AIER Executive Director asked the audience and the other panellists to consider whether the cost of obtaining productivity was too high. Lisa said that in her view, the cost was too high if it involved the loss of workplace rights by employees. “If by flexibility we mean reductions in rights, then it is wrong”, she said. The culture in some workplaces, aided and abetted by WorkChoices type legislation, had become “command and control”.

This not only did not assist productivity, it damaged the health of individuals and the nation, leading to and allowing poor management, workplace bullying and harassment. Workers could not leave their rights at the workplace door, she declared: workers and managers must be able to work together. A positive workplace culture was the key to productivity enhancing change, not an adversarial one.

In some workplaces, especially in the public and community sector s, workers were missing out from economy wide productivity gains.

It was also regrettable that oppositional IR debate often drove out rational discussion of key issues in favour of partisan and political point scoring.

Is industrial relations too narrow a focus?

Debate Chair Miriam Lyons from the Centre for Professional Development asked the panellists if industrial relations got a bigger share of the debate than it should. Both Steve Vamos and Peter Wilson agreed. Steve said that an IR focus was too narrow and Peter Wilson agreed it got too much attention, “pushing the skills debate out of public discussion”.

Tim Lyons said that a consideration of industrial legislation in the productivity debate was “fair enough”, because it was an important area of public policy, but agreed it was a narrow focus.

For video of debate click here

To view AIER’s Background Briefing Note developed in preparation for the Debate click here

Productivity and its costs

Productivity and its costs

In preparation for the recent 2012 Ron McCallum Debate AIER developed a background briefing note covering current research and debate surrounding the question – Workplace Relations: Is productivity the imperative? At what cost?

Below is a summary of this background briefing note. For a full copy of the document click on the link at the bottom of this summary.

What is productivity?

Everybody agrees that improvements in productivity are essential to improving economic living standards but fewer people agree as to how this should be done.

Defining productivity is relatively easy – it is a measurement of the volume of inputs [labor, capital, etc] that is required to produce a certain level of output.

Measuring productivity is much harder and in the non market sectors of the Australian economy – those that do not produce tradable goods – it is not usually even attempted.

Frequently, productivity is simply thought of as labor productivity – the amount of employee working time required to produce a certain level of output.

But, properly considered, final productivity is the end result of a range of factors including levels of general education and vocational skills, investment in infrastructure and new technology, access to efficient financial services, managerial effectiveness and workplace culture.

Industrial relations law policy and practices may also play a role, although partisan debate about this one factor often drowns out important discussion and focus on other factors.

What’s happening with Australian productivity?

Although it was a healthy 0.6 in the December quarter 2011, productivity growth in Australia has slowed in recent years. Average annual growth over the past 20 years has been 2.1% but much less over recent years.

The Hawke – Keating governments drove micro-economic change to improve the performance of the Australian economy in a number of ways, many of which were specifically targeted at improving productivity, such as through the acquisition and use by employees of new and higher level skills.

Enterprise bargaining was also designed to boost productivity at the workplace level through gain-sharing bargaining. Other drivers that have been identified include investment in infrastructure, boosting innovation levels, increased competitive pressures, improved management and developing collaborative workplace cultures which will assist and encourage change.

Productivity: who benefits?

An important question for Australian society is how the benefits of improved productivity should best be flowed to its citizens: through increased real wages, reduced prices, improvements to the ‘social wage’ or whether it is retained as increased profit levels. The introduction of superannuation for all was in part based on productivity gains.

The benefits of improved productivity have traditionally been flowed to all workers through productivity based increases in minimum and award wage rates. Recently, this system has broken down: workers in the bargaining sectors have benefitted through higher wages but award wage workers, including lower paid workers have not had the benefit of increases in wages based on economy wide productivity increases.

Some workers, particularly women workers in the health and welfare and other public services have missed out through their inability to bargain about productivity.

The wages share of national income has also been declining, as the profit share goes up.

Are industrial relations laws important?

There is considerable debate about the role of industrial relations systems and their relationship to national productivity performance.

The available data suggests that there is not a strong connection between the two: over the past 10 years productivity growth has been weak under successive legislative regimes: the Howard Government’s Workplace Relations Act, WorkChoices and the Fair Work Act.

In some minds, anything that limits labor market flexibility inhibits productivity, almost by definition. In many cases, however, calls for increased flexibility are just calls for cutting the cost of employing labor, which is not related to productivity as properly understood.

For many years, there has been a world-wide debate about whether employment rights and the existence of unions inhibit or encourage better productivity performance.

The briefing paper looks at this issue in some detail – a number of economists and management experts believe that the effect of unions is positive: they reduce labor turnover and by increasing wages encourage employers to turn to productivity boosting systems and technology.

Workplace rights and productivity

Other studies show that positive workplace cultures are essential to allowing innovation and change in enterprises that will improve productivity. Smart managers and workers who do not fear the consequences of change are much more likely to embrace and welcome change.

In any case, in any modern economy, the costs of increased flexibility need to be considered carefully – the widespread introduction of precarious forms of labor such as casual, fixed-term and contract labor has social as well as economic costs. A disposable workforce will not be one that welcomes and embraces change.

Taking away the rights of workers to job security and a voice in the workplace is a short-term and short-sighted approach to encouraging innovation.

The way forward…

The Australian Institute of Employment Rights believes that the debate about productivity is a vital one for Australia. AIER is concerned that the demands by some for increased flexibility impose too high a cost on workers through reduced employment conditions.

Such demands will not produce real productivity improvements.

Productivity should be seen as the end result of the input of many factors – not just labor and not just industrial relations law.

Attention must be paid to those who have not benefitted from Australia’s economic growth or on whom the costs of flexibility have fallen hardest.

Decent work, tripartism and collaborative workplaces are a key to not only more productive workplaces, but more just ones as well.