Thursday 26 March 2015

The Abbott Government intends to only pay a group of disabled workers 50 per cent of the wages owed to them due to discriminatory employment conditions


Snapshot taken from Prime Minister Abbott’s St. Patrick’s Day 2015 message

For a man who flaunts his Catholic credentials and frequently presents himself in a posture reminiscent of a 1950s parish priest in the pulpit, Australian Prime Minister Tony Abbott doesn’t have a genuine Christian bone in his body.

If he did his government wouldn’t currently have a bill before the Senate which again seeks to limit an unknown number of individuals, within a group of up to 10,000 workers, to just 50 per cent of the back wages owed to them due to discriminatory employment practices allowed under the Business Services Wage Assessment Tool (BSWAT) scheme:


Abbott is pursuing this in the face of a decision by the Australian Human Rights Commission and a  Federal Court judgement (upheld by the High Court) which found that these workers had been discriminated against with regard to wages paid.

He obviously intends to compound this discrimination by including that paltry offer in the bill.

What is occurring in Canberra is setting off alarm bells among families and carers, some of whom are hitting out at the Abbott Government's lack of consultation regarding the proposed legislation and at almost every group making submissions to the Fair Work Commission in Equal Remuneration Case 2013-14.

CARERS ALLIANCE media release 24 March 2015:

PARENTS OF PEOPLE WITH INTELLECTUAL DISABILITY ARE FEARLESS
 – NOT FRIGHTENED

 Statement by Mary Lou Carter, Secretary of Carers Alliance:

“Many of our members are parents of adult children with intellectual disability employed in Australia’s Disability Enterprises (previously called ‘sheltered workshops’), our families send out a call to the Senate to respect our family members’ right of choice – the most basic of human rights – and support the passage of the BSWAT Payment Bill through the Upper House.

“We are fearless – not frightened – when it comes to protecting the jobs of our sons and daughters with intellectual disability.”

Ms Carter, who has been attending the current Fair Work Commission discussions into the process of designing a new instrument for wage assessment for Disability Enterprise employees, said the Courts are an unsatisfactory tool for fashioning public policy.

“The legal system is such that only lawyers and government-funded disability rights activists know the rules. Our family members are expected to just play along. That’s a whole new world for parents trying to protect their children’s right of choice.

“More importantly, some 9,998 workers with intellectual disability have had no say about either this BSWAT Payment Bill now before the Senate, or the forced imposition of an alternative Supported Wage assessment tool by the end of April.  Forcing services to use a wage tool that would cause closure due to financial insolvency would mean some 70% of those people could soon be unemployed. Then they would have no employment income and have to pay for day services – if they could get them - or be forced to stay at home in the care of their families.

“Parents know exactly what’s at stake if their adult children with intellectual disabilities lose their jobs in Disability Enterprises. It’s not just about the money, it’s the loss of dignity that work provides. It’s the poverty, the loss of social interaction with their peers, the loss of their sense of achievement and inclusion as valued members of their community, the loss of their self-esteem and pride.

“It’s about the denial of their right of choice -
1.   The right to choose whether they take any compensation – to which they might be entitled - by opting out of a class action in which they were included by legal artifice, without consent or consultation; and 
2.    To choose to continue working in their current jobs, earning a fair wage consistent with their capacity. If the actions of the ideologues force closures, then our workers cannot choose what no longer exists, because more time is needed to develop an alternative wage tool.

”Many people currently working in Disability Enterprises contend these choices have been denied them because of actions unilaterally taken by funded rights activists, the lawyers and the unions, without any reference to the major stakeholders: the workers with an intellectual disability themselves, their parents, families and carers.

“You would have to be there at the Fair Work Commission hearings, witnessing the ideological fight by funded advocates, lawyers and unionists, to feel how family members are depicted. If some of the workers now employed in Disability Enterprises can work in open employment, that’s great for them. But the majority cannot, and neither they nor their jobs should be demeaned, disparaged or jeopardised in this way.

“Families of Australians with significant intellectual disabilities are deeply frustrated by a system that can mount an argument based on rights, and yet, in the course of that argument deny the basic right of choice to our nation’s most vulnerable workers.

“These are our children, our family members. We are frustrated by the process, and lack of it, but we are fearless – not frightened – when fighting to protect our ADE’s. We know the value of jobs for these workers, especially when so many able-bodied workers cannot get jobs.

“We don’t talk about disability; we live it.” 

BACKGROUND


Wage Justice Campaign…….

17 February 2015: Update on Variation of Supported Employment Services Award 
United Voice, Health Services Union and National Peak Disability and Advocacy Organisations — Communique, Tuesday, 17 February 2015 Variation of Supported Employment Servces award. 


On 23rd December 2013, United Voice and the Health Services Union made a joint application to the Fair Work Commission to vary the Supported Employment Services Award 2010.This Award covers employees with disability working in Australian Disability Enterprises (ADEs, formerly known as Sheltered Workshops). The application was made following the decision by the Full Federal Court in Nojin v Commonwealth 
which found that the Business Services Wage Assessment Tool used to determine wages unfairly discriminated against workers with intellectual disability. The application also seeks to deal with the extent to which other Wage Assessment Tools listed in the Award are discriminatory against workers with disabilities.

On 20 June 2014 the full bench of the Fair Work Commission decided that in an effort to find a solution that there be a Conference of the parties led by Deputy President Booth. There has been a series of meetings held at the Fair Work Commission since 1 September 2014. Conference proceedings are conducted as a confidential process and without prejudice basis.

On 16 February 2015 the parties agreed to conduct a study using the Supported Wage System with modification in a sample of ADEs. This will consider the impact of using historical productivity data on the productivity wage assessment rates of workers with disability. The parties will discuss the results of this study at the next scheduled meeting on Monday 27 April 2015.


UPDATE

The Guardian 26 March 2015:

During the caretaker period of the last election campaign the department of social services applied to the Human Rights Commission for a three-year exemption from the Disability Discrimination Act to give it time to develop a new, fair assessment tool. It was granted a single year, which expires in April.

Guardian Australia understands a new assessment tool is not yet ready, and the government is likely to have to ask the commission for more time. The decision would be taken by the full commission.

Innes, who was still a commissioner when last year’s decision was made, said “that decision set out a course of action the government needed to take ... I have not seen evidence they have done that, so I would have thought it would be difficult for them to argue that they should get a further extension.”

Innes said if the government did not get an extension, workers with disabilities could lodge complaints and possibly seek damages.

But Dr Ken Baker, the chief executive of National Disability Services said one year was always an unreasonable timeframe.

“A new tool is being developed under the guidance of the Fair Work Commission, and the government has provided money to develop and implement it, but it is technically challenging and it takes time,” he said.

He said about one third of disability organisations had already moved to different payment schemes. But if the commission did not grant the commonwealth an extension, many organisations would be in contravention of the act.

At the same time, the government has failed to pass legislation which offers employees with disabilities half the backpay to which they might be entitled, on the condition that they shun legal action designed to recover the full amount.

The bill implementing the back pay deal – the Business Services Wage Assessment Tool Payment Scheme Bill 2014 – was rejected by the Senate in November. It was to be voted on again this week but has now been dropped down the priority list and won’t be voted on until June. Crucial crossbenchers remain undecided…..

Wednesday 25 March 2015

The NSW Liberals are getting desperate and a North Coast Voices reader is getting angry


How not to win friends and influence people in a NSW state election. 

The NSW Liberal Party have a winning hand when it comes to election campaign funding, but they still have to muddy the waters for voters in order to win some sympathy dollars..

Which sometimes has the opposite effect on the NSW North Coast......

From: redacted [redacted]
Sent: Wednesday, 25 March 2015 2:01 PM
To: redacted
Subject: Fwd: <URGENT> Blackout

Don't where this mob obtained my e address.
They have a bl**dy hide thicker than Jesse/Jessie the elephant.

From: redacted [redacted]
Sent: Wednesday, 25 March 2015 2:01 PM
To: redacted
Subject: Fwd: <URGENT> Blackout

Begin forwarded message:
From: "Tony Nutt" <chq@nsw.liberal.org.au>
Date: 25 March 2015 10:27:04 am AEDT
To: "redacted" <redacted>
Subject: <URGENT> Blackout
Reply-To: chq@nsw.liberal.org.au
 Friend,

It’s now just hours before the election advertising blackout commences. The blackout means TV and radio advertising is now prohibited for the rest of the campaign.

However, the blackout doesn’t apply to our targeted online advertising. We’ve identified 31,984 key swing voters we need to reach over the next 2 days before polls open.

But there’s some bad news: to reach these voters we need to raise $14,734 by midnight tonight.

Please, if you can chip in even $10 to help us reach voters in these must-win seats it would make a huge difference.
We've seen what Labor's union campaign machine can do in other states.
Don't let them do it here.
Contribute $10, $25, or $50 before our midnight deadline!
Tony Nutt
Campaign Director
NSW Liberal Party
Authorised by Tony Nutt, Liberal Party of Australia (NSW Division) 100 William St, East Sydney - (02) 8356 0300

Clarencegirl: Please note that the Liberal Party of Australia (NSW) has the highest political donation tally in all of New South Wales over the last 8 months.

So how much money did political parties raise in the eight months leading up to the 2015 state election in NSW?


During the eight months leading up to the NSW state election on 28 March 2015, the main political parties were in fund raising mode as set out in the mandatory disclosure of political donations for that period:

Australian Labor Party NSW raised $1,043,516.58
NSW Country Labor raised $31,700
The Greens raised $129,414.08
Christian Democratic Party raised $92,417.29
Shooters & Fishers Party NSW raised $42,645
Liberal Party of Australia NSW raised an amount that was not totalled in its disclosure of political donations. However as listed donations ran to 44 full pages (compared to Labor’s 15 pages) and, most of these were for sums $1,000 and over, I would suggest that this party raised the largest amount of all the political parties.

In the Clarence electorate the sitting Nationals MP raised zero dollars, as did the Nationals MP for Lismore, the outgoing Nationals MP for Ballina and the Nationals MP for Tweed – so it appears any money being spent on NSW North Coast campaigning is coming straight from head office in Sydney.

Interested political tragics can go to adp.elections.nsw.gov.au for the disclosures of all the registered political parties in New South Wales.

Most of Australia's Top 10 Polluters can be found operating across New South Wales


Many of the companies identified in the Australian Conservation Foundation report, Australia’s Top 10 Climate Polluters will be known to NSW North Coast residents.


Moss Report contains damming evidence concerning Australia's offshore regional processing centre in Nauru

NSW State Election 2015: What the candidates said at the Yamba Meet the Candidates event on 23 March


The Yamba Chamber of Commerce held its Meet The Candidates on Monday night 23 March, at Yamba Bowling & Recreation Club which kindly hosts this event most election years.

Only five of the eight candidates came to this event which drew a reasonable crowd of interested voters. 

Carol Ordish (Christian Democrats) sent her apologies and it was stated that the remaining two candidates were unable to come.

          Debrah Novak (Independent)                                 Trent Nathan (Country Labor)


          Janet Cavanaugh (Greens) &
            Bryan Robins (Independent)                                     Chris Gulaptis (Nationals)
 

There did not appear to be any mainstream media there to report on what the candidates were saying in response to the questions.

All the candidates spoke to every question put to them and the 'meet' lasted for over two hours.

The five candidates present were invited to submit two short quotes on their policy positions to North Coast Voices. Those that did have these quotes included below in highlights.

Here is a summary of the majority of the candidate answers without comment.

Janet Cavanaugh (The Greens)

Coal Seam Gas: The Greens are the only party totally opposed to coal seam gas, tight gas and other unconventional mining. We have been opposed for years. The Greens want an enforceable legal right for communities to reject unconventional gas mining. The Nationals support coal seam gas and the state government has spent years renewing PELs (petroleum exploration licences).

Privatisation: The state can be rebuilt without cannibalising assets. What the Baird Government wants to do is rob the state of an ongoing revenue stream for a one-off payment which will soon be spent on its election promises.

Police: I agree that the Lower Clarence needs more police. You are distant from Grafton and often isolated by flood. Sawtell which is only minutes from Coffs Harbour has a fully manned police station, but Yamba doesn’t. The Greens stood by the police when they were trying for better working conditions and compensation. We will stand with them to get police numbers up.

Renewable Energy: The Greens’ vision is a state powered by 100% renewables. We are concerned that the Abbott Government has cut renewable energy funding. The first few years of the O’Farrell government scared away private renewable energy investment in this state.

Mental Health Services: Access to mental health services in the Clarence electorate should not be based on “ability to pay or ability to travel”. This needs to change.

New High School in Lower Clarence: Yes, I support a new high school. Maclean High School needs to close. Flying foxes aren’t the only problem - it’s old, tired and deteriorating. These issues were talked about five years ago but nothing has been done. It should relocate to a new site, but this may not be in Yamba.

Forestry: State forests don’t have the same level of weed and fire control as national parks. The Forestry Corporation has lost $43 million over the last four years.

Subsidies for solar power installations in social housing: I wasn’t aware that public and social housing tenants were not allowed to apply for installation subsidies that were available to their neighbours and yes, I think it is a good idea to look into whether social housing companies could be funded to install roof top panels on their houses and use the money from this electricity generation to help fund their services.

Quotes submitted to North Coast Voices:

"The Greens' vision for NSW is one powered by clean energy. It is now technically possible, and it is also economically and environmentally essential. The dispersed nature of renewable energy promotes job creation in regional NSW. It’s a win-win for everyone, except coal and gas miners."

"The Greens are opposed to the sale of state-owned assets. We were opposed to it under Labor and we’re opposed to it under the Liberals-Nationals. ... We don’t need to do it. The Greens have a fully costed program for a $20 billion investment in infrastructure without privatising any existing assets."


Chris Gulaptis (Nationals)

Coal Seam Gas: Short sharp answer is No to coal seam gas. However, it is not that simple as the miners have a valuable product and the state government would have to buy them all out from finite resources. So that is not going to happen. The mining companies cannot be stopped if they meet the conditions of their PELs. That is why we have developed a Gas Plan.

Privatisation: Nothing is being sold it is being leased. Nothing in the Clarence Valley is being leased. The $6 billion that regional NSW will get from the sale is better than waiting for a share of over $1 billion annual [electricity network] revenue

Police: There has been a “significant increase in the number of coppers”. There are two 24hr police stations in the Coffs Area Command – at Coffs and Grafton. The Nationals worked really hard with NSW Police to get extra numbers.

Renewable Energy: New South Wales is leading the country in renewables.

Mental Health Services: Bringing mental health services to Yamba is a complex issue. I don’t have the answer – I don’t know.

New High School in Lower Clarence: I suspect you will receive “a yes from everyone because we are all in campaign mode”. We do not have the student numbers in the education catchment to get a new public high school in either Maclean or Yamba. Relocating the bats from around Maclean High School is one option instead of rebuilding.

Forestry: The Koala National Park was a Labor thought bubble. Turning state forest into national park “will make koalas extinct”. In a national park they will get burned out. Koalas are very sexually active. We need to look after the chlamydia infections first. National parks encourage weeds.

Subsidies for solar power installations in social housing: No, I didn’t know that some people were locked out of solar power subsidy offers. It would cost a lot of money to install rooftop solar power in public and social housing and I can’t see where the funding would come from. The government only has so much money – the capital cost option would need squeezing into the budget.

Trent Nathan (Country Labor)

Coal Seam Gas: Labor is for a Gas Ban not a Gas Plan. We will ban the gas industry from the Northern Rivers forever. People on the ground do not want the gas industry in this region. Labor has recently added the Pilliga region to its total ban policy.

Privatisation: The fact that Essential Energy has been quarantined from the sale [of electricity assets] does nothing to assist people in the Northern Rivers. Transgrid which sends electricity to Essential Energy is to be sold off completely. An independent assessment of this asset sale is that the state government will only receive $13 billion not the $20 billion it is hoping for.

Police: It’s pleasing to hear more police are coming. Let’s hope they come to the Lower Clarence. One of the issues is that when Grafton police come to the Lower Clarence it leaves the Grafton area short. We’ve had to wait until the 2015 election to get the Baird Government to increase police numbers.

Renewable Energy: I support renewable energy. We lost home grown talent overseas because renewable energy is more respected there.

Mental Health Services: Mental health services are underfunded and funding is often ill-directed. It’s disappointing that some funding for younger mental health suffers has been cut.

New High School in Lower Clarence: Yes I support a new high school in the Lower Clarence but I won’t devalue my support by saying it is because I am in campaign mode. I agree with Chris about the demographics. However, I see a need for more investigation. If Yamba wants a high school let’s keep the conversation going.

Forestry: I understand the timber industry concerns about jobs. However Notaras has been successful negotiating all parties in government and I will help you continue to negotiate.

Subsidies for solar power installations in social housing: It’s a good idea. It needs planning, costing and a business model.

Deb Novak (Independent)

Coal Seam Gas: My job is “to keep the bastards honest” - to keep Labor and the Greens honest. These parties haven’t listened to the voice of the people. The Baird Government have brought back some PELs but renewed some as well.

Privatisation: I stand against privatisation of state assets. I support everything Trent has said.

Police: Sixteen new police have been promised for the region and are expected in May 2015.  Grafton has already received 14 extra police and the Lower Clarence 4. I’ve “got to say thank you, Chris” for that, but Casino spending years waiting for adequate police numbers is not good enough.

Renewable Energy: Australia lost its world leadership in renewable energy. We need to reverse this.

Mental Health Services: It is astonishing that the entire Clarence Valley doesn’t have even one mental health unit. “I will advocate for mental health suffer groups even if I’m not elected”.

New High School in Lower Clarence: I support a new high school, but let’s make it a specialist one such as a sports excellence or performing arts focussed high school. This will attract quality teachers. I would be happy to work with your group if I am elected. Chris hasn’t had a conversation with Maclean High School, I have. Student numbers are increasing. Evidence is there that a new high school could be built in the Lower Clarence. The Catholic diocese doesn’t have a new high school on their radar for the next 10 years.

Forestry: I understand how [Mr.] Notaras feels. There was a “lack of consultation” before Labor announced its Koala Park. Even if I don’t get elected please get back to me.

Subsidies for solar power installations in social housing: First we need to build extra housing before addressing solar power for public housing.

Quotes submitted to North Coast Voices:

On Saturday if you vote for me you will give the Clarence Electorate their own strong voice, one which will be fully available and present for the four year term.

I bring a life time of skills and knowledge to the position of MP and will work hard for small business, agriculture, youth, aged care, education and health services.

Bryan Robins (Independent)

Coal Seam Gas: From Day One I have called for opposition to unconventional gas mining. “Yamba is heaven on a stick” and the community doesn’t want this toxic gas industry. It’s also a bit rich that the Baird Government blames Labor for coal seam gas exploration when they have been renewing licences themselves.

Privatisation: I am opposed to the sale or lease of state assets. “The Baird Government stands for Newcastle, Sydney and Wollongong. Let’s get our feet on the ground and put this region first. The McKell [Institute] report said that privatising electricity is not in the interests of New South Wales.

Police: We need more country cops. I will push for the reopening of closed one-man police stations for the smaller distant villages in the electorate.

Renewable Energy: The Nationals got it wrong. Now NSW is going one way and the rest of the world another. The Northern Rivers per capita solar power installation shows that solar power can lead the way.

Mental Health Services: People in rural and regional areas feel they have been short changed over mental health services.  Adequate services are especially important because in smaller communities  because mental health suffers are more visible and may experience discrimination.

New High School in Lower Clarence: I support a new high school.

Forestry: I have no response on this issue in my notes for this candidate. For this I apologise.

Subsidies for solar power installations in social housing: It’s a good idea. It’s disappointing to hear that social & public housing is not eligible for subsidies to put in solar power.

Tuesday 24 March 2015

Climate Action Network Australia (Clarence Branch) say Greens the ones to tackle climate change


   Clarence Branch 
   PO Box 1324 Grafton NSW 2460 
   www.climatechangeaustralia.org 
   Member group of Climate Action Network Australia
   Press release 23 March 2015

Greens the ones to tackle climate change
Hoping for a clean energy future is easy. Finding an election candidate with a plan is harder, as local group Climate Change Australia found after surveying Clarence candidates for their policies.
According to group member Claire Purvis, Greens candidate Janet Cavanaugh provided the most comprehensive answers to the survey, which sought to pinpoint candidates’ plans to reduce NSW’s greenhouse gases.  Independent Debrah Novak came second.
‘Of the eight candidates, only the Greens, Debrah Novak, and the Christian Democrat Party’s Carol Ordish responded,’ said Ms Purvis.
Candidates were asked for their vision and plans on the future of electricity generation, and how they would encourage renewable energy industries. They were also asked how they would protect residents from climate change impacts such as coastal erosion, flooding and storms.
‘Janet Cavanaugh told us the Greens have a plan to end fossil fuel power generation by 2030, having already moved legislation. They propose a state-based renewable energy support scheme, calling for an all-party commitment to a renewable energy future for NSW, enshrined in legislation, to provide a stable and attractive investment environment. The Greens also plan to phase out coal exports, including retraining workers. To protect residents from climate change impacts, they would require new development to take into account sea-level rise predictions, include buffer zones to protect foreshores and allow for future coastal retreat, and plan for increased storm intensity in building codes.’
Debrah Novak also strongly supports phasing out coal power in favour of renewable energy. Ms Novak is concerned about inadequate funding for climate change research and development, She pointed to relationships between fossil fuel lobbyists and government as a barrier to a clean energy future. She is committed to working with other elected MP’s with the same vision to advocate renewable energy technologies. In addition to strengthening building codes, she called for a consultative approach to coastal planning issues, including involvement by traditional owners.
Carol Ordish, rather than address the questions, said people everywhere are to be responsible for where they reside.
Both Ms Novak and Ms Cavanaugh said they would be celebrating Earth Hour on election night, Ms Cavanaugh at the Grafton Cathedral event, and Ms Novak toasting the first female MP for Clarence. Both have signed the Community Planning Charter, which invokes community well-being, public participation, corruption-free planning, conservation, and integrated planning and infrastructure.
‘It is disappointing that neither Labor nor Nationals candidates responded to the survey,’ said Ms Purvis. ‘Labor’s Trent Gilbert told a candidates forum in Grafton that we should reduce reliance on coal. He pointed to renewable energy policies in California, without spelling out any Labor proposal. We have not seen any commitment at all from Nationals Chris Gulaptis on the issue. He should be actively promoting a switch to supporting renewable energy. It will bring jobs to the North Coast.
‘Climate change is a global challenge. We must have a long-term strategic plan for reducing greenhouse gas emissions by phasing out our reliance on coal and stimulating investment in renewable energy technologies. Climate change affects everyone: Ross River fever is moving south, cyclones are fiercer, and heat records are continually being broken.’