Tag Archives: Unions

Submission: Ethical Clothing Extended Responsibilities Scheme 2005 (NSW)

The Inquiry into the Ethical Clothing Extended Responsibilities Scheme 2005 (NSW), undertaken by the Modern Slavery Committee, is a comprehensive evaluation focused on the Scheme’s role in mitigating modern slavery within the clothing manufacturing sector of New South Wales (NSW). It delves into the textiles, clothing, and footwear (TCF) industry’s characteristics, examining aspects such as industry size, workforce demographics, supply chain complexities, and the prevalence of modern slavery. Additionally, the inquiry reviews the Scheme’s current application, its alignment with international human rights standards, and the need for any modifications to enhance its effectiveness. It also explores the Scheme’s enforceability, including methods to promote compliance, and considers extending the Scheme to other industries vulnerable to modern slavery due to their supply chain characteristics. This investigation is crucial for identifying strategies to combat modern slavery, ensuring that the TCF industry, and potentially other sectors, operate in line with global human rights commitments and provide better protection for workers in NSW.

My co-authored submission offers several recommendations to enhance the Ethical Clothing Extended Responsibilities Scheme to mitigate modern slavery within the clothing manufacturing sector NSW:

  1. Promote Supply Chain Mapping: The scheme’s unique approach to examining the entire supply chain from retailer to outworker helps in identifying vulnerabilities and instances of modern slavery that may be overlooked by Commonwealth legislation. It’s suggested that state action is needed to mandate such mapping for smaller entities not covered at the Commonwealth level.
  2. Create a Supply Chain Database: The establishment of a comprehensive database to capture detailed supply chain information is recommended. This would aid various stakeholders, including the NSW Office of Industrial Relations, the Fair Work Ombudsman, and the NSW Anti-Slavery Commissioner, by providing them with readily accessible information.
  3. Articulate Collaboration between Government Agencies: The proposals for supply chain mapping and database creation are in line with the objectives of both NSW and Commonwealth governments to combat modern slavery. The recommendation emphasizes enhanced inter-agency collaboration, which can augment existing policy goals and lead to more effective oversight and action against modern slavery within supply chains.
  4. Explore Extension of the Scheme: The recommendation suggests that the scheme could serve as a model for other industries. By enhancing transparency, accountability, and worker protection, it could pave the way for similar oversight in industries that are at high risk of modern slavery and labor standards violations, especially those industries with many entities below the Modern Slavery Act (2018) reporting threshold.

Using Market Devices to Address Labour Abuses

This study examines how the risk of labour standards noncompliance can be rendered calculable and commensurable through a market device. We present a case study of the Cleaning Accountability Framework (CAF), an industry certification scheme, which seeks to address labour exploitation in the Australian contract cleaning industry. We pay particular attention to the central device of the certification scheme – the pricing schedule. We examine how the pricing schedule shaped the calculative space informing contracting parties during the procurement process. In doing so, the pricing schedule increased transparency around the potential risk of labour standards noncompliance. The nature of this transparency and the perceived objectivity of the pricing schedule acted to reshape the market for contract cleaning, resulting in a redistribution of accountability for labour exploitation. We also examine how the pricing schedule formed part of a wider framework of accountability, and how these mechanisms enabled strategic co-enforcement of labour standards compliance by supply chain stakeholders. Overall, our study indicates the potential for accounting practices to play a more active role in shaping how markets address modern slavery risks.

Interview with Paul Turton on ABC Radio Newcastle: RTBU’s industrial action and the role of unions

On 25 August I briefly spoke to Paul Turton on ABC Radio Newcastle, about the Rail Tram and Bus Union’s (RTBU) industrial action and the role and future role of trade unions. I stopped short of singing The Internationale (but only just).

Modern Slavery Risks in the Cleaning and Security Industry

This briefing session brings together academic experts in the fields of modern slavery, labour law compliance, supply chain due diligence and temporary migrant workers, to share insights and advice on how universities can demonstrate leadership in promoting good labour practices. The aim of this briefing is to assist relevant stakeholders in the higher education sector to understand their role in promoting good labour practices, and provide guidance on practically how to do this. This briefing is aimed at professionals working in university procurement and contract management, university modern slavery working groups, university risk and compliance, cleaning and security contractors that currently hold contracts at university campuses.

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Employer Calls to Simplify the Award System are a Trojan Horse

This week an already impressive list of wage theft offenders has gotten a bit longer.

On Monday, the likes of Caltex, 7-Eleven, Pizza Hut, Domino’s Pizza and Bunnings (to name a few), were joined by Coles, which underpaid its staff $20 million over six years.

On Wednesday, Target admitted to underpaying workers about $9 million.

On Thursday, Super Retail Group – whose brands include Rebel and Super Cheap Auto, said that it had short-changed workers by $8 million more than it had originally estimated, bringing the total to $61.2 million.

On Friday, cleaning and catering company Spotless admitted to underpaying workers $4 million.

The total wage theft uncovered this week: $94.2 million.

Continue reading Employer Calls to Simplify the Award System are a Trojan Horse

Final Update: Coles Shareholder Resolution

Earlier this year Justine Nolan, Laurie Berg and myself supported a shareholder resolution filed by the Australasian Centre for Corporate Responsibility, which was heard at the Coles Annual General Meeting on 13 November 2019.

The resolution asking the supermarket to reassess its supply chain policies to reduce reliance on third-party audits, and to consult more with unions. At the meeting, workers from the supermarket’s farmer suppliers challenged Coles’ executives over its ethical sourcing policy, asking the retailer to work with unions to ensure workers are fairly treated and paid. The resolution was supported by 12.8 per cent of shareholders.

Coles recently signed memorandum of understanding with three major Australian unions as a sign of the retailer’s willingness to work with unions. Unfortunately this does not include the National Union of Workers (who recently merged with United Voice to form the United Workers Union). This is a missed opportunity for Coles to embrace Worker-Driven Social Responsibility.

Update: Open Letter to Coles and Woolworths – Shareholder Resolution

The open letter to Coles and Woolworths was covered by the New Daily and the supermarkets have written a response to our letter. The Australasian Centre for Corporate Responsibility (ACCR), who have been engaging both supermarkets since 2017, have prepared a response to the supermarkets. You can find the response here:

What’s next? A Shareholder Resolution!

Justine Nolan, Laurie Berg and Martijn Boersma have supported a shareholder resolution by ACCR that will be heard at the Coles AGM on the 13th November 2019. You can help by calling on UniSuper to support the resolution. All you need to do is send them a message here. You can use the sample text below, copy and paste, or write your own.

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Book Review: “Addressing Modern Slavery”

When the Bill that became the Modern Slavery Act 2018 (Cth) was introduced into the federal parliament, it was accompanied by a grim message: two centuries after the abolition of the slave trade in the United Kingdom, it is estimated that there are twenty-five million victims of modern slavery worldwide. It also came with a bracing if Panglossian promise: that the Modern Slavery Act would ‘transform’ the way large companies in Australia do business, and drive a ‘race to the top’. Published a year after the introduction of this legislation, Addressing Modern Slavery is a timely reflection on the pervasiveness of modern slavery in global supply chains – and on the role of the state, business, and other actors in combating this serious and complex problem.

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Message to Coles, Woolworths: Act now to end modern slavery

The Australian horticultural sector is one of the most at-risk industries for modern slavery.

recent survey by the National Union of Workers among 650 workers found severe underpayments and withholding of wages, excessive overtime, retention of identity documents, threats of and actual physical and sexual violence, and coercive and excessive payments for transport and board.

A group of academics, experts in the area of labour and human rights, modern slavery, and supply chains, have initiated an open letter in which they ask Coles and Woolworths to address labour exploitation and the risk of modern slavery.

Australia’s Modern Slavery Act requires businesses to report yearly on the risks of modern slavery in their operations and supply chains, the actions taken in response, and the effectiveness of these actions. The first reporting cycle started on July 1.

Unfortunately, although companies and consumers are increasingly aware that modern slavery exists, it is a phenomenon that is often dismissed or misunderstood.

Continue reading Message to Coles, Woolworths: Act now to end modern slavery

“Union Thuggery” Should Not Be Conflated With Misogyny

 

John Setka is a charismatic leader.

He embodies a lot of what the Australian trade union movement stands for: vocal about worker’s rights, visible through industrial action, and intimidating when necessary.

He is the archetype of a union ‘thug’. A big bloke with tattoos who is part of a ‘militant’ trade union. Setka and the Construction Forestry Maritime Mining Energy Union (CFMMEU) regularly push the boundaries of industrial action, incurring $15 million in fines since 2005.

There is nothing wrong with this.

Continue reading “Union Thuggery” Should Not Be Conflated With Misogyny