Tag: Fiona Macdonald Acting Director, Centre for Future Work

  • New laws for ‘employee-like’ gig workers are good but far from perfect

    New laws for ‘employee-like’ gig workers are good but far from perfect

    by Fiona Macdonald

    The Workplace Relations Minister Tony Burke has described proposed new laws to regulate digital platform work as building a ramp with employees at the top, independent contractors at the bottom, and gig platform workers halfway up.

    The new laws will allow the Fair Work Commission to set minimum standards for ‘employee-like workers’ on digital platforms. They are a key part of reforms in the government’s Closing the Loopholes workplace relations bill introduced into parliament this week, and are part of a commitment made before the 2022 election.

    So, what will being halfway up the ramp mean for ‘employee-like’ platform workers? Under the changes, minimum standards can now be set for platform workers, including rideshare drivers, food delivery workers and care workers. Up until now, as independent contractors, digital platform workers have had very few rights, including no rights to minimum pay rates.

    With the changes, the Fair Work Commission will be able to set minimum standards for workers concerning payment terms, deductions, working time, record-keeping, insurance, consultation, representation, delegates’ rights and cost recovery and other matters.

    Other provisions in the legislation are designed to protect workers from being unfairly deactivated from platforms, which is equivalent to being unfairly dismissed, and allow collective agreements for platform workers where platform operators agree.

    The laws will apply only to ‘employee-like’ platform workers, meaning workers who are low-paid (compared to what they would be paid under an award), have low bargaining power and/or have low control over their work.

    There are some restrictions on the standards the Fair Work Commission can set for platform workers. Minimum standards cannot be set concerning overtime rates or rostering arrangements. Nor can the Commission use its standard-setting powers to turn a platform worker into an employee.

    So, ‘employee-like’ platform workers will not have all the minimum standards and rights that employees have. However, halfway up the ramp, they will be much better placed than they were with the minimal rights of independent contractors.

    Overall, these changes are very positive for platform workers and should prevent exploitation of vulnerable workers. However, the reforms stop short of responding to longstanding calls for platform workers, including rideshare, food delivery and care workers, to be treated as employees, and for platform operators to be treated as employers, an approach that has recently been agreed by the 32 member countries of the European Union.

    The proposed reforms in the Closing Loopholes bill don’t go as far as aiming to ensure that how a person is employed can’t leave them without the rights and standards most comparable workers enjoy at work. It leaves platform workers halfway up the ramp in a new worker category with lesser rights than employees.

    The creation of this new category of ‘employee-like’ worker does open up the possibility that some employers may seek to reform their workforces and business models to engage workers who are in the new cheaper worker category, in place of employees. Internationally, where a third category of worker has been created by governments in order to provide protections for low-paid independent contractors, there has been some substitution of employees for workers with less favourable conditions.

    The Closing the Loopholes approach to platform workers also suggests we need to think harder about how to support better flexibility at work.

    The platform work reforms appear to be built on an assumption it is ok for workers who need or want flexibility to have lesser standards and fewer rights at work because of this. Most platform workers value the flexibility they have in their jobs. But that does not mean they should have to trade off rights and standards. Flexibility is not a benefit that accrues only to workers. Consumers and platform operators want flexible services too.

    Originally published in The New Daily 8 September 2023


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  • The Case for Investing in Public Schools

    The Case for Investing in Public Schools

    The Economic and Social Benefits of Public Schooling in Australia
    by Eliza Littleton, Fiona Macdonald and Jim Stanford

    Education has long been recognised as a vital determinant of both personal life chances and broader economic and social performance.

    Public schools play a critical role in ensuring access to educational opportunity for Australians from all economic and geographical communities.

    Public schools are accessible to everyone. They provide a vital ‘public good’ service in ensuring universal access to the education that is essential for a healthy economy and society.

    However, inadequate funding for public schools – measured by persistent failure to meet minimum resource standards established through the Schooling Resource Standard (SRS) – is preventing students in public schools from fulfilling their potential. Growing evidence (including the latest NAPLAN testing results) attests to declining student completion and achievement in Australia, with major and lasting consequences for students, their families and communities, and the economy.

    In this new report, Centre for Future Work researchers Eliza Littleton, Fiona Macdonald, and Jim Stanford document the large economic and social benefits of stronger funding for public schools. The report measures three broad channels of benefits:

    1. The immediate economic footprint of public schools, including direct and indirect jobs in schools, the education supply chain, and downstream consumer industries.
    2. The labour market and productivity gains resulting from a more educated workforce.
    3. Social and fiscal benefits arising from the fact that school graduates tend to be healthier, require less support from public income programs, and are less likely to be engaged with the criminal justice system.

    Citing international and Australian evidence regarding the scale of these three channels of benefit, the report estimates that funding public schools consistent with the SRS would ultimately generate ongoing economic and fiscal benefits two to four times larger than the incremental cost of additional funding. For governments, the fiscal payback from those benefits (via both enhanced revenues and fiscal savings on health, welfare, and criminal justice expenses) would exceed the upfront investments required in meeting the SRS.

    Please see the full report, The Case for Investing in Public Schools: The Economic and Social Benefits of Public Schooling in Australia, by Eliza Littleton, Fiona Macdonald, and Jim Stanford.



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    Report Reveals True Potential of Fully Funded Public Schools

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  • The key legislation changes that will help workers get a better deal

    Originally published in The New Daily on July 14, 2023

    In recent years, workers have been held back from demanding better working conditions and pay by a lack of bargaining power.

    However, with recent changes to industrial relations laws, and with unemployment at record low levels, some workers are now in a better position to bargain for better pay and conditions.

    Slow wages growth, low bargaining coverage and high levels of insecure work are good indicators of how workplace power imbalances have stifled prospects for many employees.

    Over the last decade Australia’s wage growth has been at its weakest since the middle of the last century, coverage of workers by enterprise agreements has rapidly eroded, and over a third of workers are now in insecure casual, labour hire or fixed-term jobs.

    Bargaining hobbled

    Despite low unemployment – meaning there are fewer workers available to fill vacancies – employees have not been able to bargain for higher pay and the real value of wages has been declining.

    Industrial relations reforms passed by parliament in late 2022 are designed to restore some balance to the workplace.

    The changes don’t mean there is a massive shift of power to workers but, with the removal of some barriers to bargaining, there should be greater opportunity for employees to gain improvements at work.

    At the present time, the labour market is tight and employers are competing to find and retain workers so they may be prepared to offer higher wages and other benefits.

    Already, unions representing early childhood education and care workers have applied to use a new multi-employer bargaining option – which came into force last month – to seek a pay increase for these low-paid workers.

    While it will be some time before we see any outcomes, there is early evidence that other bargaining reforms are getting workplace bargaining moving after years of decline. Certainly some employers may now be more ready to negotiate enterprise agreements to avoid being roped into multi-employer agreements.

    Other non-bargaining reforms introduced as part of the 2022 Secure Jobs, Better Pay package attracted much less attention than bargaining changes during last year’s debates over the new laws.

    However, these other changes are not insignificant for working conditions.

    The right to flexible work

    More than half of all employees now have new rights to request flexible work, including employees who are parents of children of school age or younger, carers and workers aged 55 or over, those with a disability or people experiencing or supporting someone experiencing family violence.

    Before the flexibility changes, which came into effect in June, some limited flexible work rights already existed. However, now there is much greater onus on employers to show there are reasonable business grounds if they wish to refuse employees’ requests for flexible work.

    While this is no guarantee that all employees can access the flexibility they need, it has potential to be a game-changer in some workplaces through pushing employers to find ways to organise work for greater employee-friendly flexibility.

    Research shows that Australians are some of the most stressed and overworked of all workers worldwide. We know we need better-work life balance.

    Post-pandemic, there is widespread experience of more flexible work arrangements and greater recognition of the benefits of flexible work.

    There is some impetus to lock in more employee-friendly flexibility, and workers are having some success in achieving these changes through collective bargaining.

    Working lives are longer than ever, including as the retirement age has just been increased to 67 years.

    Along with pay increases that stop the decline in the value of wages, bargaining for better work-life balance will continue to be important.


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  • Unacceptable Risks

    Unacceptable Risks

    The Dangers of Gig Models of Care and Support Work
    by Fiona Macdonald

    The gigification of care is creating insecure work, undermining gender inequality and damaging workforce sustainability.

    New research reveals the unacceptable risks of digital labour platforms and the expansion of gig work in low-paid feminised care and support workforces. Risks are to frontline care and support workers, people receiving care and support and to workforce sustainability.

    The report calls for comprehensive industrial reforms to address gig work as part of broader workforce strategies for the NDIS and aged care sectors.

    The research finds that care and support ‘gig’ workers, treated as independent contractors, are in highly insecure work without minimum standards and effective rights to collective bargaining.

    • Many essential frontline care and support workers earn below award-level pay.
    • Work and incomes are insecure: work is on-demand, working time is fragmented, pay can be unpredictable.
    • Workers must cover their own superannuation, leave and workers’ compensation.
    • Gig work in the feminised workforces poses a serious threat to better recognition and equal pay.
    • Better jobs and careers for frontline workers are vital to closing the gender pay gap.

    Four in every 5 of the 240,000 aged care and disability support workers are women.

    • Care and support workers on platforms are younger, less experienced and more likely to be migrant workers.
    • Platform workers lack access to support, training and progression opportunities.
    • Gig workers lack employment benefits and entitlements, including leave and superannuation.

    Flexibility of work is only possible with short hours work and comes at the expense of decent pay and working conditions. Workers cannot earn a living wage.

    • Risks to workers are also risks to vulnerable people with disability and the elderly.
    • Care and support platform workers are isolated and largely invisible, working in private homes without organisational supervision, support, guidance or training.
    • Workers bear risks and responsibilities for care and support quality and client safety, including for highly vulnerable people.
    • Care labour platforms compete unfairly with other NDIS and aged care providers.
    • Unfair competition poses a significant threat to the sustainability of Australia’s long-term care systems.

    Platforms compete by avoiding the costs and risks of business fluctuations, of employing workers and of accountability for care and support quality and safety. Costs and risks are devolved to low-paid and insecure frontline workers. Platforms profit from retaining public funding that is intended to employ and pay essential workers fairly and to provide them with supervision and support.



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  • Commonwealth Budget 2023-24

    Commonwealth Budget 2023-24

    Significant Progress for Workers, Much More to Do

    The Commonwealth government’s 2023-24 budget reveals a progressive government seeking to help lower paid workers and those struggling to pay bills, support public health care, and pursue investments towards a net zero economy. But it is very much a first step, and leaves much more work to be done to repair past harms done to workers, low-income Australians, public services and infrastructure, and the environment.

    This briefing reviews the main features of the budget from the perspective of workers and labour markets. Some of its measures are very positive, such as fiscal support for higher wages for aged care workers, increased JobKeeper benefits, and enhanced Commonwealth Rent Assistance.

    Contrary to concerns that a big-spending budget would exacerbate inflation, this budget will have little impact on overall aggregate demand. In fact, it will pro-actively reduce inflation through its new $500 energy relief plan. Contrary to conservative economists who claim this budget will fuel inflation, in reality the forecasts confirm historically slow growth in public demand in both 2022-23 and 2023-24.

    Despite these positive measures, the budget also contains disappointing aspects. Most importantly, the Stage 3 tax cuts remain on schedule. And while they are only set to begin in 2024-25, they hang over these budget figures like a dark spectre.

    The budget papers also confirm the economy is far from buoyant. The next 18 months are expected to see economic growth well-below average. Households are reacting to three years of falling real wages, and eleven painful increases in interest rates, by severely constraining consumer spending. Slowing job creation and declining real wages are taking their toll on overall economic growth, highlighting again that the key to a strong economy is strong employment and wage growth.

    Please read our research team’s full review of this historic budget.



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  • Inclusive and Sustainable Employment for Jobseekers Experiencing Disadvantage

    Inclusive and Sustainable Employment for Jobseekers Experiencing Disadvantage

    Workplace and Employment Barriers
    by Fiona Macdonald

    This report provides an overview of workplace and job-related factors found to act as barriers to sustainable and inclusive employment for people in groups likely to experience labour market disadvantage. Key findings are that job quality, working arrangements, inclusivity and opportunity for participation at work all matter for inclusive and sustainable employment, along with individual and external systemic and structural barriers to work.

    Employment policy and employment assistance for jobseekers focus on individuals’ skills and job readiness, and on job placement. Less attention is given to ensuring placements are into sustainable employment in inclusive workplaces. That is, placement into jobs that people can keep, that support wellbeing and provide opportunity for long-term employment pathways, and in workplaces where people feel safe and are able to participate. Recruiting and placing people experiencing labour market disadvantage into jobs may not lead to positive outcomes if people are not able to retain jobs and benefit from their employment.

    Employment can provide people with benefits that improve wellbeing in various ways, including through increasing income, providing routine and increasing social contact. However, where job quality, pay or working conditions are poor, employment can also have cumulative negative effects. Placing people experiencing disadvantage in jobs in which they are insecure, underemployed, or cannot establish daily routines; or placing them in workplaces in which they experience poor or discriminatory treatment and disempowerment, are not likely to produce sustainable employment outcomes or create social value.

    This report calls for a greater focus on workplace and job-related factors, including employer knowledge, employment practices, work organisation, job quality and employment arrangements, to addressing barriers to employment for disadvantaged jobseekers. Emphasis on employment placement alone is not likely to produce sustainable employment outcomes. Action is required to tackle barriers present in workplaces and in employment arrangements.

    This report was commissioned by Jobsbank, a Victorian-based not-for-profit organisation that works with business and other partners to support sustainable, inclusive employment and make social procurement work. In Victoria, the Government’s Social Procurement Framework aims to improve employment outcomes for people from groups experiencing labour market disadvantage through requiring suppliers and contractors tendering for high value government contracts to employ people from these groups. The Victorian Government’s Fair Jobs Code promotes fair labour standards, secure employment and job security, equity and diversity, and cooperative workplace relationships and workers’ representation. This report recommends that employers be encouraged to develop strategies to meet these standards through collaboration with unions and community groups as one obvious way to address workplace and employment factors that create barriers to sustainable and inclusive employment for disadvantaged jobseekers.



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  • Collective Bargaining and Wage Growth in Australia

    Collective Bargaining and Wage Growth in Australia

    by Jim Stanford, Fiona Macdonald and Lily Raynes

    The reforms proposed in the Secure Jobs, Better Wages bill represent important but incremental steps in restoring a better balance of bargaining power between workers and employers, and lifting wage growth back toward a normal and healthier pace.

    The measures provided here will not suddenly transform Australia in the image of leading OECD countries, where centralised and coordinated collective bargaining covers most workers, and wage outcomes are much more equal as a result. But they would support a gradual restoration of collective bargaining coverage, consistent with practices in other countries where bargaining still occurs mostly at the enterprise level – but where some broader bargaining and coordination is possible. On that basis, and over several years, this should result in a partial restoration of bargaining coverage lost over the past decade, and a corresponding (but still incomplete) recovery in wage growth.



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    Paying for Collective Bargaining

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  • Multi-Employer Bargaining Necessary for Fixing Wages Crisis

    Originally published in The Conversation on November 14, 2022

    Proposed reforms to Commonwealth industrial relations laws would create more opportunities for collective bargaining to occur on a multi-employer basis, rather than being limited solely to individual workplaces or enterprises. Business groups have attacked this proposal as a dramatic change that would supposedly spark widespread work stoppages and industrial chaos.

    But as our Policy Director Fiona Macdonald argues in this new commentary for The Conversation, multi-employer bargaining is already allowed under various existing provisions of the Fair Work Act. The problem is that those provisions do not work. For example, the low-paid bargaining stream in the Fair Work Act has yet to result in a single multi-employer agreement, due to its stringent conditions and inconsistent application by the Fair Work Commission.

    Dr Macdonald argues that reforming these multi-employer bargaining streams so they can actually work will be an important part of any strategy to revitalise stagnant wages in Australia.

    For more details on the failure of existing multi-employer bargaining streams, and core principles for a stronger bargaining system, please also see the Centre for Future Work’s submission to the Senate inquiry on the Secure Jobs, Better Wages reform package (co-authord by Dr Macdonald, Jim Stanford, and Lily Raynes).


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  • The October 2022-23 Commonwealth Budget: A Good Start… But Rocky Times Ahead

    The October 2022-23 Commonwealth Budget: A Good Start… But Rocky Times Ahead

    The new Albanese Labor government has tabled a revised budget for the 2022-23 fiscal year, revising revenue and spending forecasts originally contained in the March budget (from the previous Morrison government), and providing new funding to support several new programs and policies.

    In this review of the budget, our team of Centre for Future Work researchers evaluates the budget’s assumptions and policy measures, from the perspective of workers and labour markets. The budget marks a clear change of emphasis from budgets over the previous decade: including explicit recognition of the need to strengthen wage growth, new funding for vital care sectors, and important investments in diversifying Australia’s industrial base.

    However, the budget also acknowledges the downside risk of a slowing world economy, which could engulf Australia in another recession — just three years after entering the COVID pandemic. Stronger fiscal measures and income supports will be required if the economy does enter a downturn. And deep problems such as falling real wages, entrenched poverty, and gender inequality will require stronger measures than are included in this first budget. Meanwhile, crucial fiscal decisions (including the regressive Stage 3 tax cuts for high-income Australians) have been deferred for a later date.

    In sum, the budget marks a good start on addressing many of Australia’s key economic, social, and environmental challenges. But much more will be needed – and the risking of looming recession will complicate this progress considerably.



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  • Submission to the Senate Select Committee on Work and Care

    Current work and care arrangements in Australia contribute to economic and social disadvantage for carers, the vast majority of whom are women. Patterns of labour force participation and employment provide clear indicators of the inequities inherent in Australia’s current care and work arrangements. These patterns show we do not have equitably shared care arrangements, nor equitable employment opportunities and outcomes for women. Australia requires much stronger support systems, more effective work and care policies and more secure and fairly-paid jobs to address these problems.



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