Latest news with #labourhire
ABC News
14-07-2025
- Politics
- ABC News
Reputation hit from 2021 state election caused WA Electoral Commission to outsource polling day staff recruitment, documents suggest
The WA Electoral Commission took the unprecedented step of outsourcing almost all of its election workforce recruitment, in part because it was concerned the previous state election had damaged its reputation. In reality, the 2025 poll experienced far more reported issues, including reports of long wait times at polling booths and some locations running out of ballot papers. Those problems were so great the government ordered a special inquiry to probe what went wrong and why the commission contracted labour hire company PERSOLKELLY. Documents released to the ABC under Freedom of Information laws show, for the first time, why that decision was made. The documents also highlight how the WAEC and PERSOLKELLY downplayed the scale of the outsourcing in the days following the election. It comes after the ABC revealed the chaos inside the commission in the lead-up to the state election, with one senior official saying they had warned of issues with the labour hire company as much as four months before the poll. In a procurement plan compiled in the first half of 2023, the WAEC set out its reasons for wanting to outsource its temporary election workforce. It noted an audit after the 2021 election, which found there were "some issues", including with a different labour hire company used in a limited capacity under a government-wide contract. "Service delivery expectations were not met, [temporary election workforce] staff expressed deep dissatisfaction and the WAEC's reputation and performance suffered," it reads. The plan noted the commission did "not have the internal resources available (human resources and systems) to best manage projects of this size". "The aim of this [tender] is to address the recommendations made to the WAEC … to ensure that elections are run cost effectively and to a high standard into the future," it reads. But a senior WAEC source who worked both the 2021 and 2025 elections said the earlier poll was "positively functional". "Delivery of materials was underdone, the logistical side of things," they said. WA's Shadow Electoral Affairs Minister Shane Love agreed while there were a few issues in 2021 it was "nothing like the collapse that we saw in 2025". "What I can see here is a commission just outsourcing, washing their hands and saying, not our problem. Well, it is your problem," Mr Love said. In the days after the election, as the full scale of problems came to light, both the WAEC and its contractor sought to play down the role outsourcing could have played. "There have been a number of election events where the WAEC has engaged contractors for the provision of recruitment services," a spokesperson told the ABC about a week after the election. Do you know more about this story? Contact Keane Bourke. "This is not a new or uncommon practice. Previous state and federal electoral commissions have appointed recruitment companies to provide support staff in a similar way," a PERSOLKELLY spokesperson said the following day. But the procurement plan shows that was not the full picture. While it noted other states have had similar issues trying to staff elections themselves, none had outsourced the entire job. "The approach of the WAEC to outsource a significant part of the requirement is new and is not currently being undertaken in any other jurisdiction," the plan reads. In a statement to the ABC, PERSOLKELLY maintained its position that the scale of outsourcing was not new or uncommon. The WA Electoral Commission said it would be inappropriate to comment until the special inquiry report was released publicly. The tender document rated the overall risk of outsourcing as "low/moderate". But it noted one of the most significant risks was "contractor unable to provide sufficient staff at relevant locations" and that potential impacts included "public unable to vote" — with some voters complaining that long delays and a shortage of ballot papers discouraged voting. The plan identified one of the controls for that risk was "the contractor has experience in an electoral process, preferably in WA", which it said would help reduce the risk from "significant" to "moderate". PERSOLKELLY said it had supported the Australian Electoral Commission to run federal elections in WA in 2013, 2017 and 2025, as well as the New South Wales state election in 2015, on top of decades of experience providing staff to all levels of government. "This includes support to government agencies, including elections, locally and nationally along with similar experience in multiple countries outside of Australia," the company said. In a statement following the election, the WAEC said PERSOLKELLY had "deployed the personnel requested … in line with the project's requirements" and that all 682 polling locations were staffed and operational. It said its role was limited to recruiting and onboarding staff. The document also indicated "appropriate funding has been confirmed by Robert Kennedy — Electoral Commissioner" to cover the estimated total value of $30 million. But government records show the value of the contract awarded was more than double that at $86.9 million. The WAEC said the initial figure "reflected all relevant information available to the Western Australian Electoral Commission at that time". "The final contract award estimate … reflects the maximum value of the contract if all extension options are exercise based on the agreed pricing structure with PERSOLKELLY Australia." An earlier version of the procurement plan, also released to the ABC, shows the commission had initially planned to offer a six-year contract for the outsourcing, which would run until after the 2029 state election. However, a Department of Finance staffer managing the tender noted that would require an "internal exemption" to go over a five-year limit. Future versions of the document refer to a four-year contract with the option of a two-year extension. The future of the contract is uncertain though, with the Acting Electoral Commissioner telling budget estimates earlier this month the contract would be reviewed after local government elections in October. "Part of that process will involve looking at what the future looks like with PERSOLKELLY," Dennis O'Reilly said. On Monday, Premier Roger Cook confirmed the contract was "addressed in the context of the report" without providing specific details. "We certainly need to make changes to ensure that the WA Electoral Commission can conduct the local government elections which will take place in October this year, but we'll table the report first and then our response," he told reporters. Questions have been raised about the commission's ability to conduct those elections after its Director of Election Operations resigned. Commissioner Robert Kennedy and Deputy Commissioner Courtney Barron are on leave. Both commissioners have been temporarily replaced by senior public servants, with staff brought in from the Australian Electoral Commission to help run local government elections. "We look forward to the outcome of the special inquiry into the planning and delivery of the 2025 WA state election, and welcome learnings that will come as a result," a PERSOLKELLY spokesperson said. That report is expected to be released when parliament next sits in mid-August.
News.com.au
08-07-2025
- Business
- News.com.au
Fair Work Commission rules against BHP in ‘same job same pay' decision on Queensland coal mines
Some 2200 coal mine workers in Queensland's Bowen Basin are in line for a $30,000 pay bump following a landmark ruling from the Fair Work Commission against mining giant BHP. The Mining and Energy Union and Australian Manufacturing Workers' Union took the $200bn behemoth to court over the Same Job Same Pay reforms. Passed in 2023, the changes are designed to equalise pay rates between direct hire and labour hire employees at large-scale enterprises if they are performing the same job. The unions argued BHP had undercut worker wages at its coal mines by using an in-house labour hire service called OS Production and Maintenance. Late Monday evening, the FWC determined the work performed by OS employees at the company's Saraji, Peak Downs and Goonyella Riverside mines was not 'for the provision of a service, rather than for the supply of labour' and so delivered 'regulated labour hire arrangement orders'. The orders clear the way for average worker pay bumps of $30,000 at a cost of $66m to the company, the ACTU has claimed. 'This is about Australian unions winning wage justice for workers, which stops labour hire workers being treated as second-class citizens,' ACTU secretary Sally McManus said after the ruling. 'Wealthy mining companies like BHP have clawed money out of workers' pay packets for many years when the income should be returned to workers, their families and the communities they support.' Several factors contributed to the ruling. First, the FWC determined BHP held significant control and direction of where OS employees would work, what they would do and details of how the work would be performed. Second, the workers were compelled to adhere to 'detailed and highly prescriptive requirements imposed by BMA (BHP Mitsubishi Alliance)'. Further, the FWC found OS workers used 'virtually entirely, plant and equipment supplied by BMA to perform work'. 'That consideration supports a conclusion that the work performed by employees of OS Production is not for the provision of a service, rather than the supply of labour,' the bench ruled. It also concluded that although the work performed by OS employees might be specialised, it was of the 'same nature and involves the same specialised and expert skills as are exercised by employees of BHP Coal performing the same work'. The ruling also covers employees with labour hire companies Workpac and Chandler McLeod, who the commission found were 'performing the same work in the same crews and BMA employees and receiving substantially lower remuneration because of the identity of their employer'. The landmark decision could up-end labour arrangements across the country's massive and lucrative mining sector. Minerals Council of Australia CEO Tania Constable called the decision 'incredibly disappointing' and said it would 'directly threaten thousands of specialised contractors who play a vital role in mining operations across the country'. 'Unlike labour hire, these businesses exist to provide a specialised service, not just workers, and should never have been covered by these laws,' she said. 'These businesses now face the risk of being drawn into complex and costly legal proceedings, creating instability in employment arrangements that have long supported operational flexibility, efficiency and mining productivity. 'The commission's ruling confirms what the MCA has long argued: that the government's legislation goes well beyond its original promise to target only the 'limited circumstances' where 'labour hire' is used to deliberately undercut wages.' BHP, meanwhile, has railed against what it sees as an escalation in excessive cost burdens on its Queensland operations, citing complex industrial relations demands and the state's sharp coal royalty regime. The company has reduced its footprint in the Bowen Basin in recent years, offloading its Daunia and Blackwater mines to Whitehaven Coal in April last year. It now runs five mines in conjunction with Mitsubishi: Saraji, Goonyella, Caval Ridge, Broadmeadow and Peak Downs.
ABC News
30-06-2025
- Business
- ABC News
Fair Work non-compliance rife among farm labour providers in Adelaide Hills and Riverland
A Fair Work Ombudsman (FWO) report into horticulture compliance has found several South Australian labour hire providers had not paid workers superannuation and were allegedly operating without a licence. The report, released last week, details investigations in 15 "high-risk" Australian regions where non-compliance was reported to the FWO. From December 2021 to April 2024, the FWO inspected 360 sites across the nation, issuing $760,405 in fines to employers who failed to meet pay slip and record-keeping obligations. Properties were inspected in South Australia's Adelaide Hills and Riverland regions. Investigators found 92 per cent of the audited labour hire providers in SA were non-compliant, with strawberry and citrus producers having some of the highest non-compliance rates in the state. According to the FWO, workers interviewed at a South Australian strawberry farm told inspectors they were paid in cash and did not receive pay slips. The employer was a labour hire firm that "didn't provide any employee records to the FWO" and was issued with multiple infringement notices amounting to more than $12,500. Speaking with Narelle Graham on ABC SA Regional Drive, Fair Work Ombudsman Anna Booth said it was common for labour hire providers to not supply wage records or pay slips and to be uncontactable. "Labour hire is, unfortunately, notorious for the kind of breaches that we found," she said. The investigation also uncovered 10 labour hire providers operating at one South Australian strawberry farm. Of those, three refused to engage with the FWO when it asked for records. Workers, the report says, were paid between $19 and $25 per hour in cash. Six infringement notices totalling $28,860 were issued to five labour hire providers operating at the property. The FWO also made unannounced site inspections in SA involving a network of labour hire businesses suspected of illegal phoenix activity. According to AUSTRAC, illegal phoenix activity occurs when a company liquidates its operation to "avoid paying its creditors, taxes and other regulatory payments", only to later reappear as a newly created company with the same directors. Workers and managers in the Adelaide and Riverland region had accused "various enterprises" of failing to meet taxation obligations and not paying superannuation on behalf of employees. The FWO report says it was also tipped off about three suspected phoenix labour hire providers in the state's Riverland region operating without a licence. Citrus Australia chief executive Nathan Hancock said illegal phoenix activity had been occurring "for a long time". "I think it's wrong and we need to get it out of our industry," he said. Mr Hancock said many horticulture industries wanted a national labour licensing scheme that protected all labour hire workers from "bad actors". "The loopholes that are created by the lack of such a regulation mean people are getting away with exploiting their fellow man, which is really disappointing," he said. Employment and Workplace Relations Minister Amanda Rishworth said the federal government remained "committed" to implementing national labour hire reform. "[We] will continue to work with state and territory governments on pursuing a national approach," she said. "National labour hire reform will be on the agenda for the next meeting of state and territory ministers, which will be convened as soon as practicable." Ms Booth said while the "very high" breach areas would be prioritised and revisited during the next two years, it will continue to stamp out bad behaviour across Australia. "If we get any intelligence or any referrals from any other regulators with whom we work with, or we get any workers ringing us up, we will be there," she said.
ABC News
25-06-2025
- Business
- ABC News
Fair Work inspectors report rampant workplace breaches in prime horticulture zones
More than 80 per cent of horticulture businesses in Victoria's biggest growing regions were in breach of laws to protect workers, inspectors have found, after a nationwide crackdown on the sector. In a three-year investigation, Fair Work Ombudsman (FWO) inspectors also found widespread breaches in prime horticulture areas in NSW. The report, released on Wednesday, singled out labour hire firms as the worst offenders, despite states increasingly regulating the sector. It says Victoria's Mornington Peninsula and Yarra Valley regions had the highest rate of overall non-compliance, with inspectors finding 83 per cent of employers failed to meet obligations under the Fair Work Act. The next-worst breach rates were in NSW's Riverina (72 per cent), Victoria's Sunraysia and Shepparton regions (70 per cent and 63 per cent respectively), and Coffs Harbour and Grafton in NSW (61 per cent). Fair Work Ombudsman Anna Booth said inspectors visited 360 farms, investigated 512 businesses during crop seasons and issued $760,405 in fines to employers who failed to meet their pay slip and record-keeping obligations. She also said labour hire firms used by farmers were most resistant to workplace laws, with 91 per cent of 166 infringement notices going to labour providers. "The vast majority of the wrongdoers are labour hire employers and they are often quite difficult to pin down," Ms Booth said. "The workers themselves often don't know who their employer is and [they are] just generally being treated very badly. "This is particularly troubling because many of these workers are migrants. They are often temporary visa holders." However, there were some positive signs from the three-year campaign. Queensland's Wide Bay and Moreton Bay were the nation's most compliant, with only 18 per cent and 8 per cent failing to follow the law, which was a turnaround from recent years. Ms Booth said most farmers in these areas directly employed staff rather than using labour hire, and regulator Queensland Labour Hire Licensing Compliance Unit was also in place, plus there had been leadership from employer groups via the Fair Farms programs, which audits businesses. Fair Farms, which runs training and certification and help growers improve their workplace compliance, was set up by farmer group Growcom with support from the Fair Work Ombudsman, the federal Department of Agriculture and horticulture group AUSVEG. Victoria also has a Labour Hire Authority and labour hire licensing schemes exist in South Australia and the Australian Capital Territory, which works with these agencies to stamp out lawbreakers. Ms Booth also said in January the FWO signed an enforceable undertaking with RJ Cornish & Co Pty Ltd, a fruit grower in Victoria's Goulburn Valley, following unlawful wage deductions of nearly $127,000 from 112 employees. The company was inspected in March last year as part of the regulator's horticulture strategy. The horticulture strategy also included more than 96 joint site inspections with other regulators, including Australian Border Force, Australian Taxation Office and WorkCover Queensland.
ABC News
06-06-2025
- Business
- ABC News
Benalla business fined $255k for providing farm workers without labour hire licence
A regional Victorian horticulture company and two individuals at the business have been fined a quarter of a million dollars for breaching labour laws. The Supreme Court of Victoria found Cameron Workforce in Benalla contravened state labour laws by providing workers without a labour hire licence. The workers picked grapes and chestnuts on several farms in the Benalla region. The court imposed a $200,000 penalty on the business. It also ordered a company director to pay a $40,000 penalty, and another individual was fined $15,000 for their conduct. The hefty financial penalties come after the Labour Hire Authority (LHA) launched an investigation into overcrowded worker accommodation. The court found workers were housed in overcrowded and substandard housing owned by a company director. It found the business failed to provide workers with a number of entitlements, including written contracts or pay slips. Workers were not provided a minimum hourly rate under the industry award or superannuation contributions, and had their income tax withheld from wages. The court's findings and the financial penalty come after the company's bank account was frozen in 2023 following earlier court action taken by the LHA. The company had agreed not to provide labour hire without a licence. The authority said given the defendant's non-compliance with a range of laws, they would make referrals to other relevant regulators. Labour hire licensing commissioner Steve Dargavel said labour hire workers in the horticulture industry were among the state's most vulnerable. "The industry is a key focus for our expanded compliance and enforcement program," he said. "LHA will use all the tools at its disposal to remove exploitative businesses from the labour hire industry."
