Labor Blog

14 Comments

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  AlbionColt from Melbourne , Melbourne Tuesday, 7 September 2010, 19:07

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  Stoney56 from Hannans , WA Monday, 9 August 2010, 11:09

  Dear Julia Being a labour Relations Lawyer, I would expect you to have understanding and a deep empathy when it comes to Workers Compensation rights. I know there are people out there who exploit the Workers Compensation system and I understand insurers taking a stand against these people but over the years the insurers have turned the industry into a joke, due to their determination to stop extortion via false claims they themselves have become the extortionists by continuously treating every injured worker like they are putting in a false claim and minimising payouts and profiteering from peoples misery. It with deep disappointment that I have met a number of people who feel let down by the Workers Compensation system. Australian workers and Unions fought long and hard to ensure that injured workers would not be disadvantaged if an injury was a result of a workplace accident. I am disgusted in the way the Political Parties of this country have allowed themselves to be manipulated into shredding the entire Workers Comp system to the determent of injured workers and to the benefit of the insurers who now make BILLIONS of dollars profit year in, year out at the expense of people in need. Under the workers Comp system in every state of Australia, if you are seriously injures at work and do not employ a lawyer you will be lucky if you get any compensation unless you are at the extreme end of the injury scale. To fight these parasites in a court of law will break you financially and emotionally. If you employ a lawyer, then you have at least a chance of getting some compensation though usually very minor. By the time you pay the lawyer then you will have even less to show for your suffering. In some cases the lawyers fees will exceed the payout leaving you in debt. WHERE IS THE COMPENSATION AND/OR JUSTICE IN THAT??? In most cases there is no or little allowance in the law to claim your legal costs even if you win the case. WHERE IS THE COMPENSATION AND/OR JUSTICE IN THAT??? In those cases where legal costs are awarded they are capped and you still lose a substantial portion of your payout. WHERE IS THE COMPENSATION AND/OR JUSTICE IN THAT??? Before you ask, yes, my wife is now on workers compensation following 2 years of bullying and harassment in the work place. Due to the companies attitude we have had to engage a lawyer to fight the ingrained arrogance within the company management. Under WA law, if a person is on Workers Compensation for stress and involves a lawyer, they have no recourse to claim legal costs. The lawyer only worked on her case for 1 week and clocked up costs to us of over $7.000. Estimates of $15,000 - $50,000 if we continue to fight this case. In other words we are better off walking away, meaning the issue and culture within the company won’t change and many other workers will fall victim to the same treatment. Furthermore under WA law the insurer can defer decision on acceptance of the claim indefinitely, leaving us hanging on a limb of un-certainty. The insurer can also stop payment of compensation at any time with 28 days notice to the worker. They are likely to play this out as long as it takes knowing that we will become financially distraught enough to walk away, leaving us with nothing, the insurer adding to their fat and disgusting profit pool and the culture in the company remaining unchanged. It is about time the federal government stopped this legalised theft being committed by the insurance industry and restored a fair compensation payment system of maintaining the workers full pay levels and compensation payouts that take into account and reflect the full affects suffered by all injured workers without prejudice and without the need for the parasites of the law society having to become involved. It’s about time the government talked to people who have been badly treated to the point of despair and started re-establishing a fair National Compensation system for all Australian workers instead of the State by State system currently in place. If you, The Labour Party, are serious about a “Fair Work” system then you must include the fair treatment and fair compensation of injured workers. The insurers have played puppeteers for far too long, dictating to government how it will control the industry and pay any claims. It’s time the government became the puppeteers and took control of the insurers to stopped the rip-off against injures workers. If insurers want to cut costs then take a good look at the professions involved in Workers Compensation, everyone from doctors to lawyers exploit the system with unjustifiable charges. If you investigate most doctors for instance, you will find if you went to the doctor with a non work related injury (ie: sprained ankle) they will charge their normal rate each time you see them but if that same injury is work compensation they will charge a “much higher” rate each time you visit for your 5 minute progressive reports. Lawyers need not be involved if a National Fair Workers Compensation Table was rolled out and whilst it may be too late for my wife (we now need to sell our house to pay the legal costs of continuing the fight), I know it will help others in the future. It will take a government with guts to stand up to the insurers and the professions who feed off the system but they will heal and those that don’t want to, then they are welcome to leave the country. There will always be insurers willing to abide by Australian Regulations. Please take control of this State by State mess and give all Australian Workers back the protection our union movement fought and won so long ago. If an insurer suspects a person has made a false claim, then investigate and prove their case. The insurers must be forced to pay an injured worker what he should be entitled to and not what the insurer is willing to pay out which they always argue down to a minimum. These futile payments only add more stress and hardship on the injured worker and their family. STOP THE RIP-OFF, STOP THE BULLYING, STOP THE UNFAIR TREATMENT, STOP THE DISREGARD THE INJURED PERSONS WELLFARE AND STOP THE DISPAIR!!!!!! While you are at it, it’s also about time the government took a hard look at how insurers will use any dirty, filthy, disgusting, trick in the book to avoid paying claims across the board, not only Workers Compensation. Many people have been unfairly treated and bullied by insurers to the extent of despair because the insurers have the law on their side. Insurers know that to fight them is far too costly for the average person so they push people into a corner and keep pushing until the person just gives up. The many people I have spoken to (all working class) have indicated that they would be very impressed with any party who has the guts to rein in the rip-offs of the insurers and professions involved in Workers Compensation and even more impressed if they can force a restructure of the industry across the board. Please don’t let the Australian Workforce, down. I am not interested in sending this to the opposition, I would like to see you bring this issue to the voters and see how the opposition scramble over themselves to counter your National Fair Work, Workers Compensation Policy. Best Regards Peter Stoneman Email: peter.stoneman@hotmail.com

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  gingerburnett from Walsh Bay , NSW Sunday, 1 August 2010, 08:01

  Julia, I was against a change in leadership at this time but now that you've gone and done it take Cheryl Kernot's advice, be yourself. Speak from the heart, have convictions, that's what people want to see. It was your lack of remorse or sympathy on Kevin Rudds fall (not the change in leadership) that riled everyone, this may well have been on the advice of the strategists but it rocked most people who held you in high regard. Just a kind word or two would have made all the difference. To the ALP in general....hold firm to your convictions, you can't please everybody.

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  gingerburnett from Walsh Bay , NSW Saturday, 31 July 2010, 10:31

  Julia, I was against a change in leadership at this time but now that you've gone and done it take Cheryl Kernot's advice, be yourself. Speak from the heart, have convictions, that's what people want to see. It was your lack of remorse or sympathy on Kevin Rudds fall (not the change in leadership) that riled everyone, this may well have been on the advice of the strategists but it rocked most people who held you in high regard. Just a kind word or two would have made all the difference. To the ALP in general....hold firm to your convictions, you can't please everybody.

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  LaborHQ from Canberra , ACT Friday, 30 July 2010, 14:30

  @Suey82 Labor understands that working families are doing it tough especially off the back of the global financial crisis. Labor took decisive action so that Australia came through stronger than most countries - you can read more info here http://bit.ly/97N9er – The Gillard Government is committed to alleviating the cost of living pressures for hard working Australians. In the last three years Labor has cut taxes for working families and low income earners: http://bit.ly/cXSDik. Labor also has plans for significant reforms in health and education for our kids – a national curriculum with a focus on maths and literacy http://bit.ly/c1sFjF as well as quality health care and after hours access http://bit.ly/bW3Btn. To find out more information on mortgage assistance you can contact Centrelink’s Financial Information Service: http://bit.ly/ad2ICt

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  sangerer from Albert Park , Victoria Tuesday, 27 July 2010, 00:27

  Dear Julia. I run my own business because I agree that my rights as a worker are paramount. Since my business involves change management in IT, e-learning, education and training, research and renewable energy, you can say that what I do often effects people in many different ways. You can try and deliver minimum legislative guarrantees to protect people's employment rights in all the traditional job types. However, there as so many ways to impinge upon a persons rights that simply can be legislated, only litigated. Take the ambitious female who uses affirmative action policy to pressure a male to resign, or homophobic manager who uses unrealistic performance management criteria to performance manage a person out of the company. The number of ways to discriminate against honest workers is as sophsticated as it is systematic. I am sure that some of the whistle blowers in the public service are fully familiar with every trick in the book. So why don't we just stop debating these piecemeal offerings. Why don't we legislate a european type system that requries companies to contribute a % of average annual profit to employee training, healthcare, childcare, agecare and redudancy. The money is collected by a state owned superannunation fund and invested in national infrastructure projects. All unfair dismissal cases are automatically heard by an independent industrial tribunal and the company continues to pay full wages until the case is determined. Since the legislation states that no person can be unfairly dismissed the final payout as well as the % amount of the wage the company needs to pay for the first 12 month, or until that person finds other employment, will act as a deterrant against any unfair or discriminatory employment practices.

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  moon10 from gladesville , nsw Monday, 26 July 2010, 11:26

  Climate change is the talking point and can score political point as well, but are we ready or are we ahead of ourselves? It is again it is the economy. If our country can be as rich as Germany , Sweden or Switzerland, we may talk more about carbon tax, but at the present it is only the doctor's wife and CEO's wife can have a big say in energy efficiency, why not let our richest people take the leads, if they want to, Mr Abbott should have more action in the Nerthern Beaches, but at their own expences, when I a part timer and a near retired worker have enough money, I will renew all my househood white goods to the new energy saving ones, but it is too hard for me now. Food on the table and pay my bill is all I can do.I think carbon tax also will like GST on everyone including big polluters and miners, but they will get some credit back, if they try to improve their operation, but I have to ask: are they ready and is our nation ready? Job first or joining the Green party going bush?

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  restivo46 from Campbelltown , NSW Monday, 26 July 2010, 11:26

  Karen, Its obvious the Government does not care about individual cases. They just get lost in all the red tape. Its also obvious that the Fair Work system is NOT as good as its made out to be. I suggest you write to Tony Abbott about your case and maybe he can use it as an argument against the Fair Work system. My point is that so far the Government has not said a single thing about the people who are NOT working and Bludging. I think they should introduce a system of payment of the Dole and other Benefits using a Card like a Credit Card that cannot be used to buy Drugs. Alcohol or Cigarettes.

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  moon10 from gladesville , nsw Monday, 26 July 2010, 11:26

  I think govt's work place relations is about right, there's always room for improvement for both business and workers, but the most important issue is a strong economy and I think people under Labor's current strong economy can be better off. If Australia has a downturn like the rest of the world, or even deep cuts under the alternitive PM Abbott, many of us will out of the job market very fast. I want to tell Mr Abbott, if I don't have a job there will be no choice for fairness at work at all, becuase the word "work" is missing.At least it is easy to find a new job now, even for these cannot find a job, the govt's policy in job training and assistance can help+ there is a safety net in entiltlement and a place to go to resolve the dispute. Karen is still fighting for her rights, but I think no system is perfect, it can be improved over the time, but in the mean time looking after yourself and find another job that will help you move on, court battle can be tireing and depressing. I hope this country will keep these fair work acts to protect workers and their families and then we can move on to improve our health, education and other services. I hope broadband will create more jobs in IT and people can work near home or at home.I found to make Parramatta a sencond Sydney CBD is a very attractive idea for people live in the West and things have improved so much in Parramatta since many govt offices, business moved there, street are much safer and business is booming. It is not so good in Penrith and Campbelltown and I hope it may become the third Sydney CBD to ease the population and traffic problems in the western Sydney and it will also create more jobs, if enough business and skilled people (including the govt) can move to these centres our regional centres can be a good place to work and live. I think Karen we have to think positive and let the Gillard govt to work out all the details. I think I can trust Julia, step by step a Labor govt can make the defferences.

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  DoneOver from Wyoming , NSW Monday, 26 July 2010, 10:26

  Having been well and truly "Done Over" by the so-called Fair Work Rules, I discovered if you are unfairly terminated from a company with less than 15 full time employees, you will have your unfair dismissal turned into a "redundancy" for the sake of expediency and the barter tool (Deed of Release -v- Payment) used happens to be your statutory entitlements, Notice Pay and Annual Leave due, withheld by the company, which are then OFFERED to you as a "redundancy" payment!!!! (Thus giving you the benefit of tax savings, whoopi-do!!). When the employer decides to be vindictive and to withhold payment of your statutory entitlements, what do you imagine Fair Work can do to help you? Stuff all!! They boast about their tremendous success at arbitration being 82%-83% of matters settled before a hearing and they are very keen to dismiss a wage complaint before the matter is finalised and if there's a problem, you just apply again. I guess that gives them very good stats to report. Heaven forbid you involve a solicitor to help you!! I did not receive advice from the Solicitor or Fair Work that FWA has a 5-6 line Deed of Release. Instead the solicitor's are dipping deeply into both pockets with a 6 page Deed entirely biased in the employer's favour and allowing anyone, whether a party to the Deed or even about the issue to take the employee to court. My advice is if you think your (less the 15 employees) employer is trying to get rid of you for whatever reason, confirm and agree you entitlements and QUIT before they can put you through this farcical procedure that goes by the name of FAIR WORK AUSTRALIA!!!

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  winniev1954 from Caboolture , Queensland Monday, 26 July 2010, 06:26

  Hi Julia, The more and fairer entitlements for workers the better especially the low income workers like my wife, I myself am on a disability pension and what she earns they take a big slice out of my pension per fortnight which means that at the end of the day by the time we pay rent and all other bills,food, petrol, medicine, and such we do not have that much to play with that we have left,so all I can see is that centerlink is just putting us and I would say many others back to square one again, the pension rise was a good thing but center link have raised the amount that they take back for what your partner earns, to me this is double dipping as my wife pays her tax, then my pension cops a hiding leaving just enough to cover the rent for a week, I do think that the government should sit down and take a good look at what center link does and is doing because someone does not want us poorer people to even get a little ahead they just want to keep us poor.

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  moon10 from gladesville , nsw Monday, 26 July 2010, 01:26

  Dear Julia, even under your Fair work system, many employers still can cut the entitlements. Instead of garantee the long service leave and super, the bosses will ask worker to resign instead of retrentchment. Many workers will be pushed by the bosses to resign when their working life reached 8-9 years and the bosses can avoid paying them long service leave and other entitlements. I worked for the health for 9 years, only got 1 week pay when I was asked to resign due to my health problem in May and I was not allowed to be retrentched, and I was told that because my form was not returned on time, so I had no need to fill the form anymore. I don't know even under your fairer system, we are still having difficulties and I think many people will get even more confused under Mr.Abbott system. I hope there will be better Law to protect workers entiltlements in future.

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  Suey82 from Boronia Heights , Qld Sunday, 25 July 2010, 22:25

  Dear Mrs Prime Minister, I just like to ask a question how is a family meant to survive in this country with everything going up I have two kids and trying to pay a mortgage while looking after my newborn baby and like many other property owners we get told that if we are paying off a home we don’t recieve rent assistance when im helping the economy by having a house I don’t understand why all families aren’t payed the same in regards to rent/ mortgage assistance, I have worked to get where I am and I now face the situation of contemplating going back to work to help pay the mortgage, which I shouldn’t have to do but if I didn’t own my own house I would get help to pay my rent. I thank you for reading this.

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  Karen381183 from Randwick , NSW Sunday, 25 July 2010, 18:25

  Dear Prime Minister, it is with some irony and dismay that I heard a news article today about making entitlements for redundancy and superannuation guaranteed if a company liquidates and a worker loses their job. I did write to you about my situation earlier in the year and received a letter from a bureaucrat detailing the functions of the Fair Work Ombudsman. I know the functions of the Fair Work Ombudsman. Some 6 months ago my position was made redundant and to date I am still fighting tooth and nail to receive my entitlements. Not to mention the fact that the company, after 20 months has made no superannuation payments on my behalf and has kept superannuation payments from my previous employer.The point to this is that the company is not liquidated and is trading as a solvent entity. I have been to the Ombudsman, through the court system, written not only to you but to every Government body and authority I could. Yes all well and good to help needy workers who find themselves through no fault of their own unemployed, but try to broaden the perspective to take in workers such as myself who have been treated illegally immorally and unfairly. I have been banging my head against a brick wall for months and the company continues to treat me with disdain and disregard. Where do I go?