Submission to Labour Hire & Insecure Work Inquiry
Harry Marshall – Qualified boilermaker/welder, AMWU member and labour hire worker
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I have worked as labour hire for over 40 different agencies over a period of over six years in Victoria. Through my experience working as labour hire, I have a large number of concerns with the existing system, particularly regarding occupational health and safety (OHS). Below is one recent example of a labour hire job that had very poor health and safety practices, and highlights some of the major issues with labour hire from a worker’s perspective.
I was employed through a particular labour hire agency less than 3 months ago. The rate of pay was pretty unreasonable, and well below industry standard and the award, which I partly attribute to the large cut of pay that the agency takes for my work. But at the end of the day, work is work,and sometimes you have no option but to accept work when you need money to help yourself and your family survive.
In this particular instance (one of many) I was sent by the labour hire agency to work at a quarry located nearmy local area. It was one of the worst workplaces that I've ever been to for a variety of reasons, particularly for health and safety. And id like to note that I’ve been to some pretty terrible workplaces.
Bullying and basic worksite facilities
I had heard reports in conversation from a small number of the company employees at this worksite that they had experienced exploitation, bullying, seen the illegal operation of equipment, witnessed unreported (of what I call) major incidents, as well as there not even being a designated first aid facility on-site. The amenities were notably appalling and I believe have never been cleaned.
The leading hand/foreman was initially aggressive on first meeting, and used intimidation tactics from the start. One example was when he said to me, "you don't want to see me angry," in a threatening manner. I held great concerns about keeping my position, and usually I would walk away from a worksite such as this for my own well-being, but I desperately needed the work and the pay. Being only able to afford to buy 2 minute noodles to feed yourself because the pay for labour hire work is so low and unreliable, it gets rather old quite fast.
Health and safety hazards on the worksite
I witnessed the foreman conducting himself unsafe manner by climbing a steel structure 4-5m high that he was welding and erecting, without the use of any safety equipment.
I expressed my concerns about the safety issues and that its not a great idea to work in such unsafe circumstances, considering there was an Elevated Work Platform (EWP)nearby, upon which could handle the task he needed to complete the job safely. But I was told by the foreman to mind own business (in a few more colorful words). While there was an EWP available which would have lessened the safety risk for the foreman, he was completing the work with no safety gear or other fall prevention device. As the senior supervisor on the site, he was setting a very poor example to other workers and threatened me for raising my well-founded concerns for his safety, and potentially for other workers doing similar work.
The particular job I was required to do was erecting a large tarpaulin frame over a conveyor belt. The job seemed straightforward enough. Except within two meters between us and a three and a halfmeter steel wall in which our job was based was a seven to eight-meterhigh, unrestrained embankment of broken, sharp pieces of wood ready to be mulched. (see Attachment A)
I mentioned how dangerous and unsafe it was to have an uncovered, unrestrained pile of flammable and unstable material located so close to workers performing a welding job, and if they had any measures for restraint in place, to prevent fire or even to barricadeor block any access to the area, given it is the employer’s responsibility to maintain a work environment that is safe and without risks to health. My well-founded safety concerns were met with a laugh and, "you'll be alright", and a complete dismissal of the hazards and their duty of care.
Myself and others continued on with the job in the areas in which we could access safely, which required us to take a little more time to do the job, as we were using a boom lift for reach and access which required some advanced maneuvering.
The leading hand at times drove past shaking his head and glaring at us, talking to other co-workers, then proceeded to repeatedly come past and say we were taking too long, even after we told him the inherent safety problems that were causing the delay.
It was very difficult for us as workers to do our job safely, welding in an uncontrolled open-air environment, with ladders that were not setup in the correct manner (see Attachment A), with an employer who ignored and in fact reproached us for our safety and health concerns.
Consequences of raising health and safety concerns
This was all at work on a Friday, and at the end of the day’s work we packed up, ready to continue work as planned on Monday. I asked the foreman if we were required on Monday, and he said yes.
However, on Sunday night I get a text message from the labour hire company saying that I am no longer required for work back at the job, with no explanation as to why.
I believe that I was not allowed back on-site to finish the work due to my raising the health and safety issues with the foreman.
I have come to this conclusion as this is not the first time it has happened, where I have raised my concerns about an issue, whether it’s health and safety orlate payment of wages, with the employer or labour hire agency, and I have not been asked back to the job, even if there was unfinished work to do.
An assessment of labour hire agencies
I have been doing labour hire for around six years with a multitude of companies. I think it is important to recognize that there are a small amount of companies that complywith agreements, and supply you with an adequately safe work place and paying the correct wages and also being open to discussions about safety. But the majority of labour hire agencies that I have worked for have operated unprofessionally, in breach of their own "agreements", with a complete disregard for workers’ health and safety, and with a general lack of respect, professionalism, or even have basic knowledge about the particular field or skills that you as a worker provide to employers.
I feel with all of the false promises of work that labour hire agencies also claim, it seems more like a sales pitch. I find it incredibly frustrating that these agencies capitalize onour hard work while contributing nothing, not paying us on time, and providing no support or care to the workers.
There are major issues with the labour hire agencies paying the workers on time. On more than one occasion, it has taken more than three weeks to be paid, and I have to pursue the agency with dozens of unreturned calls and a multitude of excuses offered to explain the unacceptable and unfair delay.It should not be up to the workers to pursue the agencies to pay us the money we are owed from the work we have performed, on an irregular and insecure basis.
In my opinion and from my experience, the labour hire industry as a whole is a rogue, unregulated industry which is exploiting our workers, migrants, and destroying our futures of steady, fair, safe employment.
Key Issues for labour hire workers
* Inability to speak up about safety issues without fear of repercussion (bullying, loss of job)
*Unsafe work conditions
*General sense of lack of morale/ care for fellow workers
*Inadequate supply ofPersonal Protective Equipment (PPE)
* Personal effects, including depression, anxiety, lack of motivation, financial stress, minor injuries. I found the things I was once so energetic to do and motivated to accomplish outside of work, fade into the depressive spiral of uncertainty. The looming financial burden of everything gets overwhelming at times, and you become immobilized, as it seems that its variable you can't control. 6 years of financial uncertainty definitely takes its toll.
*Enforcement of Labour hire agencies and primary employers with basic legal obligations and duty of care for workers.
* Primary employer should provide sufficient duty of care, especially PPE, site safety inspections, support for their employees, correct pay rates.
* Accountability for unlawfully operating labour hire agencies and companies exploiting workers
*Law enforcement penalties to be applicable to employers for theft (i.e. not paying wages), bullying and harassment, breach of contract, fraud.
*Apply a mandatory redundancy fund scheme paid by the employer, tax-free for all labour hire workers to claim when there is no work.
*If an agency doesn't find you work after 4 weeks, upon request they should be required to provide a severance certificate for quicker access to government benefits.
* Reduction in the number of labour hire agencies
* Stricter regulation of labour hire agencies and the people that operate them.
Attachment A: Photos of unsafe working conditions at quarry.