There have been renewed calls from employers – mainly in the retail sector – for reductions in the wage premiums (or penalty rates) that industries are required to pay staff for work undertaken at non-standard times (such as evenings, weekends and public holidays) and overtime hours.
The submissions made by the retail industry employers’ associations to Fair Work Australia, as part of the Modern Award Review process, are actually quite modest. They suggest halving the penalty rate for working on Sundays and limiting the conditions under which part-time employees become eligible for overtime premiums.
Nevertheless, there are solid grounds for questioning the entire basis for the inclusion of penalty rates in awards.
The economic rationale in favour of penalty rates is straightforward. If employers don’t offer higher wages for work at “undesirable” times, they may not be able to find enough staff to work at those times. Similarly, without the enticement of a significantly higher hourly wage, employees may not be willing to accept offers of overtime.
But we do not need awards to sort this out.
Awards set minimum statutory conditions that must be observed by all employers covered by that particular award. This is exactly what we do not need in the case of penalty rates. There is no strong reason why the appropriate penalty rate for weekend work, for example, should be the same in a green grocer as in a bakery, or the same for a business in Saint Kilda as one in Wangaratta.
Ultimately, wage determination is best left to employers and workers (and their unions) to determine on a case-by-case basis through bargaining. Premiums for work at non-standard hours would then vary across firms and times of the week to reflect variations in demand and supply conditions.
But what about the social case? Work in the evenings, on weekends and on public holidays has generally been thought of as socially undesirable, and thus deserving of additional compensation. This was often addressed with respect to work on Sundays, the traditional day of rest in Christian societies, but became a principle that was also extended to work on Saturdays and in the evenings. The argument usually claims that work at such times has adverse effects for family and social life.
However, the world today is very different to the one in which these arguments were conceived. Instead, we now live in a society where, as consumers, we expect services to be accessible at all hours, and where, as workers, the premium attached to working between 9 and 5, Mondays through Fridays, is far weaker. Indeed, for many groups, most notably students and second earners from families with children, the preferred times of work are anything but 9 to 5 on a week day.
Only with respect to public holidays can a strong “social” argument be made for the retention of penalty rates. Public holidays are built around the idea of promoting common leisure time, and thus employers are discouraged from operating on such days. Nevertheless, even here the case has been weakened by the wavering community support for some public holidays (for instance, the Queen’s Birthday and, dare I say it, Labour Day).
A very different argument, and one recently pedalled by Ged Kearney, President of the ACTU, is that of need; that “millions of Australians rely on penalty rates to meet their cost of living expenses”. But why are persons working nights and weekends any more deserving than those struggling on an income earned by working 9 to 5 on weekdays?
Finally, it can be argued that employers need to be required to pay additional compensation where work has potentially adverse consequences for health. This argument is the most compelling, but would then see the statutory prescription of penalty rates restricted to those hours regimes demonstrated to be harmful for health – mainly regular shift work late at night and for “excessive” overtime hours.
Ultimately, the retention of most penalty rates in awards reflects a world that is long gone, and in a truly modern award system many would have been abandoned. Penalty rates might still be prescribed for work on certain public holidays, shift work in the evenings, and for overtime regimes requiring working hours that are excessive from the perspective of individual worker well-being (though even this will be difficult to define on an award basis given it will vary with the nature of work undertaken).
And of course, even if awards were silent on penalty rates, it does not follow that they would disappear. Many employers will still need to pay workers more to attract sufficient labour to work at undesirable times.
Gavin Moodie
Principal Policy Adviser
Of course the author ignores the unequal bargaining power between employers and most employees who benefit from penalty rates. The whole point of awards is to protect just those workers. Maybe penalty rates can be taken out of awards for employees who are paid more than 50% above average weekly earnings, but they should be retained for everyone else.
Ian Donald Lowe
Seeker of Truth
Two dollars a day should be fine.
"Only with respect to public holidays can a strong “social” argument be made for the retention of penalty rates. Public holidays are built around the idea of promoting common leisure time, and thus employers are discouraged from operating on such days. Nevertheless, even here the case has been weakened by the wavering community support for some public holidays (for instance, the Queen’s Birthday and, dare I say it, Labour Day)."
Ah yes, Labour Day, or Eight Hour Day, as it used to be known. "8 hours work, 8 hours sleep, 8 hours play" (recreation). We might as well can that holiday, or should we keep it as a memorial day for the death of workers' rights? Let Gina decide.
Gary Barnes
logged in via Facebook
Like many professionals, it seems that Mark has the illusion that negotiation of wages between employer and employee is normal. It is not. What is normal, is employers imposing whaetver they can get away with, not on an individual basis, but on workers as anonymous groups. To claim that
"Ultimately, wage determination is best left to employers and workers (and their unions) to determine on a case-by-case basis through bargaining" is to deny the day to day reality of most workers lives, and the power they have available in a negotiation.
The penalty rates system is a massively flawed and ugly solution; but one which goes some way to redressing the balance of power.
Tracy Heiss
logged in via Facebook
I understand the points made. However, personally, I agree with penalty rates. I don't want to see the stigmatization of retail and other blue collar occupations further entrenched. And I especially don't want this country and its workers to go down the path of the US. I know penalty rates kept me going through years of single parenthood and enabled me to gain tertiary qualifications. Everything is not just about the bottom line.
Dianna Arthur
Dianna Arthur is a Friend of The Conversation.
Environmentalist
I lived in Arizona for a couple of years and supplemented my savings by waiting tables, if not for tips, I would've been wasting my time, the minimum wage did not even cover the cost of traveling to and from the restaurant.
Chris Aitchison
logged in via Twitter
I agree with the other commenters who take the author up on the point that employers and employees do not negotiate on equal footing, and penalty rates protect employees.
But is it possible that sometimes the penalty rates are too much and hurt both employer and employee. Probably not common, but take the Canberra hospitality industry as an example.
I lived in Canberra a few years ago, and I am not sure if it is still the same, but nearly all restaurants were closed on Sunday nights. The reason I was always given - penalty rates make it unfeasible (I think I recall them having to pay close to $50/hr, double time and a half or something like that). Sunday night is usually a huge restaurant night in other Australian cities.
So in this scenario, doesn't the staff also lose out, because there are no Sunday night shifts? A corner case, I know, but relevant to a discussion on penalty rates.
James Jenkin
EFL Teacher Trainer
Hi Chris, it might also be because Canberra is not a big city! Sunday night is not a big restaurant night in Geelong, for example.
If it was just about penalty rates, restaurants wouldn't be open in Melbourne or Sydney either.
Chris Aitchison
logged in via Twitter
Yeah, maybe. My data is just anecdotal from asking places why they didn't open Sunday. But then a quiet Sunday night becomes part of the culture I guess.
Judith Olney
Ms
The problem seems to be that people who want to eat out on a Sunday, knowing that the restaurant will need to factor in penalty rates into the cost of their meals, don't want to pay extra for the convenience. Its a matter of changing the way we value the work of others.
Also, if there is only one restaurant open on a Sunday, surely they would get all available business and their turnover would allow them to well afford penalty rates. If wage rates were the only deterrent to opening, surely someone…
Read moreRick Fleckner
Student
Every comment so far is 'on the money', but for me, the most obvious reason for penalty rates is that there are a huge number of governments and businesses that only operate nine to five Monday to Friday. To me, it would not matter one iota what days my weekends were if ALL services were available at ALL times.
But then there is the problem of organized sport, bowls in my case. Another poser to think about.
Mark Amey
logged in via Facebook
I have been a shift worker for over 25 years. Quite frankly, I don't care about being compensated for working the weekend, but, the 15% loading I receive for working nights goes nowhere near compensating me for the adverse health effects of night shift. It's all very well to say, 'just work days', or, 'find a different job', but, for many of us, this just won't happen!
Sue Ieraci
Public hospital clinician
Well said, Mark. Shift work is known to cause adverse health effects.
All emergency service workers who provide a 24-hour, 7 day service to the community are required to work shifts. This cannot be automatically eliminated, so it needs to be managed well and compensated adequately.
Robert Tony Brklje
Robert Tony Brklje is a Friend of The Conversation.
retired
Plus out of hours work generates a disconnect from the rest of the family. Why aren't children taught out of hours so they can remain connected to their parents. Where is night shift for students.
Penalties apply because out of hours work has real impacts upon a workers life. On one side we have unadulterated greed on the other side we are attempting to reduce the real impact upon people by improving wages and rotating the shifts.
The conditions of employment in a society is something between those that wish to enforce those conditions upon workers to generate greater profits and the whole of the rest society.
What the society deems as acceptable and how they would wish to be treated. What is fair and reasonable for one should be fair and reasonable for all.
Simon Brown
Simon Brown is a Friend of The Conversation.
Clinical Academic (Medical)
Penalty rates encourage the system to generally focus community work/activity to a period of the week that enables us to live a balanced existence with our families and friends on evenings and weekends. I am starting to sound old-fashoned here, but that is the kind of community I want to live in.
I am an emergency worker and know that society needs me to work out of hours, on call etc. But I generally don't mind because the current penalty rates focus most hospital activity during sociable hours, attempting to achieve some sort of balance. One thing I have learned over the years is that our system is driven by financial considerations. Incentives and sticks (penalties) help to guide a complex system in the direction that we as a society want it to go.
Peter Ormonde
Peter Ormonde is a Friend of The Conversation.
Farmer
Every Saturday at 12.00 sharp my little town shuts down for the weekend. By 12.10 the enormously wide main street is deserted save for dogs and cockatoos.
And it would not matter a jot putting on an extra loading for working longer. That's when they are playing cricket or netball with the kids.
From an employer's viewpoint being open for business 27/7 makes good economic sense. From a consumer's point of view it is handy to be able to run down to the shop if one suddenly needs a capsicum at 4.00am. But from a social point of view it is a good thing that some part of our time is our own, to play cricket or netball or walk the dogs. To remind us that we are more than servants and consumers.
Penalty rates are cumbersome and awkward no doubt - far more sensible to avoid them and get a life. Folks shouldn't sell their families and home life too cheap.
Mark Amey
logged in via Facebook
So, Peter, the hospital is only open from 9 to 5, Monday to Friday?
Peter Ormonde
Peter Ormonde is a Friend of The Conversation.
Farmer
No 24/7 thank heavens ... but no doctors - only nurses, and they get penalty rates of course.
Ian Musgrave
Senior lecturer in Pharmacology at University of Adelaide
Another thing missing from this article is the probable adverse health effects from non-standard working hours.
http://www.ncbi.nlm.nih.gov/pubmed/19227006
http://www.ncbi.nlm.nih.gov/pubmed/21112026
http://www.ncbi.nlm.nih.gov/pubmed/20953253
Peter Kovesi
Research Fellow
These articles always tend to be written in terms of of the anonymous 'they' who will have to work on weekends without penalty rates. The author is never going to have to do such a thing. The politicians who would like to propose such things would never dream of introducing 'Weekend Government' where parliament has to sit all weekend too.
Penalty rates should apply because the time on a weekend is very much more valuable than time during the week. Remember it is only on the weekends that children get time off school. Working on a weekend denies you and your family of shared time at the park, on the beach, and with friends at barbecues. You cannot support your children at their sporting events or other weekend activities.
Having a day off work on Monday is no use, your children are back at school.
David Healy
Retired
Having had some experience with shift work, I know first-hand the difficulties it entails. I also know how vital it is.
Penalty rates for public service workers make sense to me. For example, doctors, nurses and ambos are on call 24/7 if I get sick. They will have to sleep sometime - probably at a time when their kids are awake and would profit from having Mum and Dad around.
I'm happy to see them paid penalty rates.
How about private enterprise?
Arguably, shopkeepers will only open…
Read moreDianna Arthur
Dianna Arthur is a Friend of The Conversation.
Environmentalist
David
If employers aren't costing in penalty rates when factoring hourly rates, then they've failed Capitalism 101.
Susan McCosker
Former school teacher
I will be honest, I don't understand the need for ever
Susan McCosker
Former school teacher
Oops, sorry. My toddler was wanting to put in his two cents worth.
I will be honest, I don't understand the need for 'everything' to be open all of the time. How many hours a day, for how many days a week, do we really need shops open for?
Keep penalty rates for the sake of those industries that we genuinely need to be available at all hours, or odd hours. But lets also hold on to our weekends and our holidays: we need to take a break and connect with others.
I truly believe we need to slow down, rest, and enjoy our lives, instead of living to make money and spend it.
Peter Ormonde
Peter Ormonde is a Friend of The Conversation.
Farmer
Sadly Sue a heck of a lot of us apparently have no idea what to do when we are not producing or consuming something ... making money or spending it. Time spent mucking about with the kids is rationed and even considered unproductive and boring. Strange business.
Dianna Arthur
Dianna Arthur is a Friend of The Conversation.
Environmentalist
And keep the penalty rates for those people who really do have to work, the nurses, doctors, firemen, police etc.
This work is actually underpaid for what these people do and penalty rates is a way of giving this work a value that employers would like to erode.
Human beings are did not evolve as 24/7 animals. We need consistency, regular times for rest and leisure.
We are NOT Human Resources.
We are humans and have a right to be.
Seán McNally
Market and Social Researcher
Be careful of what you wish for . . . a benefit of penalty rates for retailers is that they funnel demand and costs into a shorter time period, and as a result reduce total costs. Another benefit is that higher costs drive efficiency and innovation.
Dropping penalty rates only works if we assume it is our children who are affected and no parent or adult is involved in the economic exchange where they have competing priorities (that includes dropping children off and picking them up. . . and there is more than one child involved).
Daniel Kinsman
logged in via Twitter
Where is the evidence supporting this argument? This article is just a fluff opinion piece the likes of which I can find anywhere. It's not why I come to "The Conversation".
Gary Barnes
logged in via Facebook
This article is primarily a declaration of political belief.
Eg: he leads off with "The economic rationale in favour of penalty rates is straightforward." As far as I know, penalty rates in awards - like minimum wages, safety regulations etc — were not invented to address economic problems; but social ones, or power ones if you like. No doubt they have economic affects, which may be negative for some interests, and positive for others.
Again, "There is no strong reason why the appropriate…
Read morePeter Hindrup
consultant
I have been interested in what people are paid, both as an employee and an employer since I started work almost 60 years ago. In that time I have never ever seen a time when employers said that they could afford to pay any pay rise or increase workers’ benefits or conditions.
Only recently we had "Gina" Rinehart carrying on about ‘competition’ and the fact that workers in Africa earned only $2 per day, though I don’t know whether or not she was suggesting that that was all
Read moreAustralian mine…
Peter Ormonde
Peter Ormonde is a Friend of The Conversation.
Farmer
Shocking stories Peter and not all that uncommon I'm afraid. Some of these little "business tycoons" really aren't worth feeding - they think they can get rich by grinding their employees. Should be banned from running any business I reckon.
Judith Olney
Ms
True Peter, I have been a small business owner/operator myself, and know very well that wages, and penalty rates can be factored in, and do not cause undue pressure on a business that is run efficiently.
The problem I saw with many business owners in my town, is instead of making a decent living, and wanting their employees to do the same, with good working conditions and fair wages, these business owners wanted to make a killing, get rich quick, and on the back of their employees.
It used to be said around these parts that farmers were the greatest whingers, (and most had good reason to whinge), but small business owners have more than taken over this epitaph and made it their own, and without any reason at all to whinge, apart from not satisfying their greed.
Michael Mihajlovic
Retired
I would suggest that we live in a modern and advanced society that enjoys socializing outside of normal working hours. therefore we should be handsomely compensated for sacrificing our social time.
Read moreThe labor market, like other markets, is an imperfect market (employers have an advantage over employees) and the government has to control it.
The people who sacrifice their leisure (outside of normal working hours) do so out of dedication or necessity. Ether way, they should be adequately rewarded…
William Julius Valo
Student (Science)
The only explanation for this article is that Mark Wooden is a Gina Rinehart troll account.
Mister Anderson
Student
Treating the symptoms much? So we have a society that expects 24/7 consumer services. Let them pay for the convenience. Personally I'd rather see no business conducted outside of standard hours than to penalise those who fuel our 24/7 nonsense. Either buy Milk before the stores close and cook your own Sunday roast or be happy to hand over extra dollars for the privileged of others doing it for you in their 'leisure time'.
John Q Citizen, Aussie
Administrator
Am not sure the author of this article or 'fluff piece' or testing the waters for bigger things to come, HAS actually been a real worker? Has he been to centrelink as a punter, filled in a Jobs Network Return to Work plan in anger. Witnessed an under acheiving Employment Consultant wave the 'Take the job its a job' stick in his face or look forward to a chat with Centrelink with a view to having ones benefits being reduced by 18%... I doubt it.
Read moreAcademia is a great source of economic bunkum…