Culture of Compliance and the Fair Work Ombudsman

On the morning of day one of the Australian Labor Law Association (ALLA) National Conference, the Fair Work Ombudsman, Anna Booth, mentioned a “culture of compliance.”

She explained the culture of compliance by revealing data in several industry sectors about significant non-compliance based on the activities of the Fair Work Ombudsman inspectors. So, it’s perhaps more important to talk about a non-compliance culture rather than a compliance culture.

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Publicity about the right to disconnect was “overblown”

Recently, the “right to disconnect” gained some prominence in Australia. This right, now legislated, allows employees and workers to choose not to respond to employer communications outside of contracted working hours. This was part of recognising that time away from work allows one to focus on non-work matters like family, socialising, mental relaxation, and more.

According to much mainstream media and the statements and lobbying of various business associations, the sky would fall (a phrase that appears with any proposed change that business groups do not like). A significant change has not happened, and the sky has not fallen. At a recent labour law conference, Fair Work Commission President Adam Hatcher described the publicity as overblown.

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ALLA and sexual harassment

To understand one’s profession, one must find out how others see it. You may think your actions are vital to the world’s survival, but if others think you are full of shit, you need to revise your strategy. Occupational health and safety (OHS) has a strong sense of its importance but is often seen by others as a nuisance, even when acknowledging its legitimacy.

The Australian Labour Law Association (ALLA) recently held its national conference in Geelong, Victoria. The conference was a curious beast.

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Business values and OHS impacts

No one outside occupational health and safety (OHS) talks about OHS. Outside of scandals and disasters, OHS is a fringe consideration, especially in the media—social and mainstream. So, OHS needs to insert itself into mainstream conversations. The column by economics journalist Ross Gittins in The Age newspaper on September 23, 2024, says much about OHS without mentioning it.

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To understand Safety, one must understand Work

To understand occupational health and safety (OHS), you must understand the broader topic of work. Work is not necessarily more complex than OHS, but there are more opportunities to be distracted.

Earlier this year, Andrea Komlosy‘s excellent analysis of work—”Work—The last 1,000 years“—was published in English for the first time. The book hardly discusses OHS, but Komlosy’s feminist and European perspective is refreshing after reading narrow and insular analyses from the United States.

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OHS and the CFMEU

Australian media and politicians have been frothing over revelations and allegations of criminal and bikie gang influence in the country’s largest construction industry trade union, the CFMEU (Construction Forestry Mining and Energy Union). The coverage has been almost entirely concerned with industrial relations, but occupational health and safety (OHS) is present in any trade union scandal, though usually on the fringes. OHS appeared in several areas of the controversy in late August 2024.

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Kevin’s “Law of Common Sense” and the Right To Disconnect

This week, the “Right-to-Disconnect” became law in Australia. According to a prominent business newspaper, the Australian Financial Review (AFR), this is the latest example of the risk of the sky falling. It is not. Instead, the right-to-disconnect is a rebalancing of the exploitation of workers’ psychological health and that of their families. But you wouldn’t know this from the mainstream media coverage. There is no mention of mental health in the printed AFR article.

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