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CUTTING
PENALTY RATES
MEASURING THE IMPACT
A CHIFLEY RESEARCH CENTRE REPORT
March 2017
Publication details:
A Chifley Research Centre Report
March 2017
3
CONTENTS
Introduction		 4
Executive Summary		 	 	 5
Case Studies	 6
4
This Chifley Research Centre paper 'Cutting penalty rates -
measuring the impact' considers the big costs to key groups
of workers. We examine the cases of typical working people
in hospitality, fast food, general retail and pharmacies.
There has been considerable research focusing on the significant impact that
the cuts to penalty rates will have on the living standards of some of Australia’s
lowest paid workers. This report adds to this body of work.
We provide specific examples of cuts to individual wages, and in turn show
just how much additional work would be required simply to maintain the same
standard of living. If workers are required to work more hours to keep the same
wages, this is a real cut to their wages.
_
INTRODUCTION
5
EXECUTIVE SUMMARY
Many hundreds of thousands of people in Australia who work unsociable hours are
paid above the normal hourly rate for this work. This system of ‘penalty rates’ is
designed to compensate people for the special nature of work outside usual hours.
The higher cost to businesses also encourages employers to consider whether
such work at such times is really necessary.
The reduction or even removal of these rates has been the subject of a long
campaign, strongly supported by interested parties in the business community
and conservative politics. The traditional arguments rest on two, debatable
assertions: that labour costs would remain constant and fund more hours worked,
allowing more individuals to move from welfare to work; and that labour costs
would fall, allowing business to lift profitability, competitiveness and investment.
(These stated benefits appear to rely on key incentives operating in contradictory
ways.)
In 2017, a new argument has also been mounted: that the current arrangements,
which allow trade offs at an enterprise level, do not deliver national consistency
between enterprises and in turn disadvantage small employers who do not strike
such an enterprise bargain. (The ideational explanation for business lobbies
and conservative parties to argue that fewer exceptions to national wage setting
should be allowed is obscure.)
The unstated assumption in all these arguments, old and new, is that business
lobbies and conservative politics are not proposing a complex rationalisation
of employment arrangements with the benefits of penalty rates traded off in a
bargain measured against a no-disadvantage test. Whether because the wage cuts
they seek can’t effectively be compensated, or because any compensation would
defeat their stated policy purpose, a trade-off is not on the table.
Remarkably, what is proposed by business and conservatives – and now
supported by the Fair Work Commission – is the simple reduction of these rates.
A simple cut in pay for people who work.
At a time of near-zero wage growth, below-target inflation, weak consumer
demand and deep public anxiety about the economic prospects of households and
the nation, wage cuts for hundreds of thousands of individuals is a bizarre and
self-defeating national policy. A reasonable assessment of Australia’s economic
conditions suggests that penalty rate cuts are bad for the economy.
The more pressing logical challenge for the opponents of penalty rates is
that there is a direct correlation between the benefits they argue will flow to
businesses and the costs that will be felt by workers. Whatever their effect on the
economy as a whole, penalty rate cuts are bad for the people who work penalty
rates. This is not the argument against cutting penalty rates – it is the argument
for cutting penalty rates: penalty rate cuts only work if they hurt.
Cutting penalty rates cannot be both a big benefit for business and a small cost
to workers.
'Cutting penalty rates - measuring the impact' shows just how high the cost will be.
_
Michael Cooney
Executive Director, Chifley Research Centre
Cutting penalty rates cannot be
both a big benefit for business
and a small cost to workers.
6
CASE STUDIES
Susan, 37 single mum, works Fri Sat Sun as a shop assistant
Award: General Industry Retail
Base rate: $19.44
Mon-Fri Sat Sun
Hours 8 8 8
$ current
penalties
$155.54 $194.42 $311.07
$ new penalties $155.54 $194.42 $233.31
Foregone money $0.00 $0.00 -$77.77
Week (hours) Year (days) Decade (days)
Extra time
required to make
same money
4 26 260
Lost money -$78 -$4,044 -$40,440
Lost money % -11.8%
7
Grace, 22 year old university student, works Sat Sun in fast food
Award: Fast Food Industry
Base rate: $19.44
Mon-Fri Sat Sun
Hours 0 8 8
$ current
penalties
$0.00 $194.42 $233.31
$ new penalties $0.00 $194.42 $194.42
Foregone money $0.00 $0.00 -$38.88
Week (hours) Year (days) Decade (days)
Extra time
required to make
same money
2 13 130
Lost money -$39 -$2,022 -$20,220
Lost money % -9.1%
8
Ahmed, 29 year old Dad, works full time in hospitality			
Award: Hospitality Industry
Base rate: $17.70
Mon-Fri Sat Sun
Hours 24 8 8
$ current
penalties
$424.80 $177.00 $247.80
$ new penalties $424.80 $177.00 $212.40
Foregone money $0.00 $0.00 -$35.40
Week (hours) Year (days) Decade (days)
Extra time
required to make
same money
2 13 130
Lost money -$35 -$1,841 -$18,408
Lost money % -4.2%
9
Maria, 40 years old, works weekends in a pharmacy			
Award: Pharmacy Industry
Base rate: $19.44
Mon-Fri Sat Sun
Hours 0 8 8
$ current
penalties
$0.00 $194.42 $311.07
$ new penalties $0.00 $194.42 $233.31
Foregone money $0.00 $0.00 -$77.77
Week (hours) Year (days) Decade (days)
Extra time
required to make
same money
4 26 260
Lost money -$78 -$4,044 -$40,440
Lost money % -15.4%
10
Helen, 60 years old, works weekends in a gardening store			
Award: General Industry Retail
Base rate: $19.44
Mon-Fri Sat Sun
Hours 0 8 8
$ current
penalties
$0.00 $194.42 $311.07
$ new penalties $0.00 $194.42 $233.31
Foregone money $0.00 $0.00 -$77.77
Week (hours) Year (days) Decade (days)
Extra time
required to make
same money
4 26 260
Lost money -$78 -$4,044 -$40,440
Lost money % -15.4%
11
Endnotes
Hospitality Industry (General) Award 2010 - https://www.fwc.gov.au/
documents/documents/modern_awards/award/ma000009/default.
htm
Fast Food Industry Award 2010 - https://www.fwc.gov.au/documents/
documents/modern_awards/award/ma000003/default.htm
General Industry Retail Award 2010 - https://www.fwc.gov.au/
documents/documents/modern_awards/award/ma000004/default.
htm
Pharmacy Industry Award 2010 - https://www.fwc.gov.au/documents/
documents/modern_awards/award/ma000012/default.htm
Fair Work Penalty Rates Decision - https://www.fwc.gov.au/
documents/sites/awardsmodernfouryr/2017fwcfb1001.pdf
A transition to Nowhere: On the Impossibility of Avoiding the Social
Costs of Reduced Penalty Rates, Jim Stanford, Centre for Future Work
2017, http://www.tai.org.au/sites/defualt/files/Transition%20to%20
Nowhere%20-%20CFW.pdf
The Impact of the FWC’s February 23 Sunday Penalty Rates Decision,
Edward Cavanough, McKell Institute February 2017 - https://
mckellinstitute.org.au/app/uploads/McKell-Institute-The-Impact-of-
the-Fair-Work-Commission%E2%80%99s-Penalty-Rates-.pdf
Assumptions
All workers are assumed to be working on the minimum award wage
10 year figures are not adjusted for inflation or minimum wage
increases, this slightly understates the 10 year impact in real terms.
The annual figure assumes that the workers would be paid penalties on
their leave, as this is likely greater than the leave loading
The extra hours would be at base rate of pay
www.chifley.org.au | Labor’s Culture of Ideas | (02) 6120 0800

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Cutting penalty rates: Measuring the impact

  • 1. CUTTING PENALTY RATES MEASURING THE IMPACT A CHIFLEY RESEARCH CENTRE REPORT March 2017
  • 2. Publication details: A Chifley Research Centre Report March 2017
  • 4. 4 This Chifley Research Centre paper 'Cutting penalty rates - measuring the impact' considers the big costs to key groups of workers. We examine the cases of typical working people in hospitality, fast food, general retail and pharmacies. There has been considerable research focusing on the significant impact that the cuts to penalty rates will have on the living standards of some of Australia’s lowest paid workers. This report adds to this body of work. We provide specific examples of cuts to individual wages, and in turn show just how much additional work would be required simply to maintain the same standard of living. If workers are required to work more hours to keep the same wages, this is a real cut to their wages. _ INTRODUCTION
  • 5. 5 EXECUTIVE SUMMARY Many hundreds of thousands of people in Australia who work unsociable hours are paid above the normal hourly rate for this work. This system of ‘penalty rates’ is designed to compensate people for the special nature of work outside usual hours. The higher cost to businesses also encourages employers to consider whether such work at such times is really necessary. The reduction or even removal of these rates has been the subject of a long campaign, strongly supported by interested parties in the business community and conservative politics. The traditional arguments rest on two, debatable assertions: that labour costs would remain constant and fund more hours worked, allowing more individuals to move from welfare to work; and that labour costs would fall, allowing business to lift profitability, competitiveness and investment. (These stated benefits appear to rely on key incentives operating in contradictory ways.) In 2017, a new argument has also been mounted: that the current arrangements, which allow trade offs at an enterprise level, do not deliver national consistency between enterprises and in turn disadvantage small employers who do not strike such an enterprise bargain. (The ideational explanation for business lobbies and conservative parties to argue that fewer exceptions to national wage setting should be allowed is obscure.) The unstated assumption in all these arguments, old and new, is that business lobbies and conservative politics are not proposing a complex rationalisation of employment arrangements with the benefits of penalty rates traded off in a bargain measured against a no-disadvantage test. Whether because the wage cuts they seek can’t effectively be compensated, or because any compensation would defeat their stated policy purpose, a trade-off is not on the table. Remarkably, what is proposed by business and conservatives – and now supported by the Fair Work Commission – is the simple reduction of these rates. A simple cut in pay for people who work. At a time of near-zero wage growth, below-target inflation, weak consumer demand and deep public anxiety about the economic prospects of households and the nation, wage cuts for hundreds of thousands of individuals is a bizarre and self-defeating national policy. A reasonable assessment of Australia’s economic conditions suggests that penalty rate cuts are bad for the economy. The more pressing logical challenge for the opponents of penalty rates is that there is a direct correlation between the benefits they argue will flow to businesses and the costs that will be felt by workers. Whatever their effect on the economy as a whole, penalty rate cuts are bad for the people who work penalty rates. This is not the argument against cutting penalty rates – it is the argument for cutting penalty rates: penalty rate cuts only work if they hurt. Cutting penalty rates cannot be both a big benefit for business and a small cost to workers. 'Cutting penalty rates - measuring the impact' shows just how high the cost will be. _ Michael Cooney Executive Director, Chifley Research Centre Cutting penalty rates cannot be both a big benefit for business and a small cost to workers.
  • 6. 6 CASE STUDIES Susan, 37 single mum, works Fri Sat Sun as a shop assistant Award: General Industry Retail Base rate: $19.44 Mon-Fri Sat Sun Hours 8 8 8 $ current penalties $155.54 $194.42 $311.07 $ new penalties $155.54 $194.42 $233.31 Foregone money $0.00 $0.00 -$77.77 Week (hours) Year (days) Decade (days) Extra time required to make same money 4 26 260 Lost money -$78 -$4,044 -$40,440 Lost money % -11.8%
  • 7. 7 Grace, 22 year old university student, works Sat Sun in fast food Award: Fast Food Industry Base rate: $19.44 Mon-Fri Sat Sun Hours 0 8 8 $ current penalties $0.00 $194.42 $233.31 $ new penalties $0.00 $194.42 $194.42 Foregone money $0.00 $0.00 -$38.88 Week (hours) Year (days) Decade (days) Extra time required to make same money 2 13 130 Lost money -$39 -$2,022 -$20,220 Lost money % -9.1%
  • 8. 8 Ahmed, 29 year old Dad, works full time in hospitality Award: Hospitality Industry Base rate: $17.70 Mon-Fri Sat Sun Hours 24 8 8 $ current penalties $424.80 $177.00 $247.80 $ new penalties $424.80 $177.00 $212.40 Foregone money $0.00 $0.00 -$35.40 Week (hours) Year (days) Decade (days) Extra time required to make same money 2 13 130 Lost money -$35 -$1,841 -$18,408 Lost money % -4.2%
  • 9. 9 Maria, 40 years old, works weekends in a pharmacy Award: Pharmacy Industry Base rate: $19.44 Mon-Fri Sat Sun Hours 0 8 8 $ current penalties $0.00 $194.42 $311.07 $ new penalties $0.00 $194.42 $233.31 Foregone money $0.00 $0.00 -$77.77 Week (hours) Year (days) Decade (days) Extra time required to make same money 4 26 260 Lost money -$78 -$4,044 -$40,440 Lost money % -15.4%
  • 10. 10 Helen, 60 years old, works weekends in a gardening store Award: General Industry Retail Base rate: $19.44 Mon-Fri Sat Sun Hours 0 8 8 $ current penalties $0.00 $194.42 $311.07 $ new penalties $0.00 $194.42 $233.31 Foregone money $0.00 $0.00 -$77.77 Week (hours) Year (days) Decade (days) Extra time required to make same money 4 26 260 Lost money -$78 -$4,044 -$40,440 Lost money % -15.4%
  • 11. 11 Endnotes Hospitality Industry (General) Award 2010 - https://www.fwc.gov.au/ documents/documents/modern_awards/award/ma000009/default. htm Fast Food Industry Award 2010 - https://www.fwc.gov.au/documents/ documents/modern_awards/award/ma000003/default.htm General Industry Retail Award 2010 - https://www.fwc.gov.au/ documents/documents/modern_awards/award/ma000004/default. htm Pharmacy Industry Award 2010 - https://www.fwc.gov.au/documents/ documents/modern_awards/award/ma000012/default.htm Fair Work Penalty Rates Decision - https://www.fwc.gov.au/ documents/sites/awardsmodernfouryr/2017fwcfb1001.pdf A transition to Nowhere: On the Impossibility of Avoiding the Social Costs of Reduced Penalty Rates, Jim Stanford, Centre for Future Work 2017, http://www.tai.org.au/sites/defualt/files/Transition%20to%20 Nowhere%20-%20CFW.pdf The Impact of the FWC’s February 23 Sunday Penalty Rates Decision, Edward Cavanough, McKell Institute February 2017 - https:// mckellinstitute.org.au/app/uploads/McKell-Institute-The-Impact-of- the-Fair-Work-Commission%E2%80%99s-Penalty-Rates-.pdf Assumptions All workers are assumed to be working on the minimum award wage 10 year figures are not adjusted for inflation or minimum wage increases, this slightly understates the 10 year impact in real terms. The annual figure assumes that the workers would be paid penalties on their leave, as this is likely greater than the leave loading The extra hours would be at base rate of pay
  • 12. www.chifley.org.au | Labor’s Culture of Ideas | (02) 6120 0800