Yesterday’s Herald Sun (www.news.com.au/national) reports that the last of the attackers found guilty of permanently blinding an Indian student in one eye has been set loose onto the community without having to serve a custodial sentence.

The most recent example of pampering of criminals by our justice system brings into focus a key infrastructure need for Victorian business and the wider community.

Our legal infrastructure is crucial to the operation of an ordered and functional society.

In Western democracies, all commercial and much individual activity is based on the rule of law.

Indeed, maintaining and enforcing the rule of law is the number one role of a State Government, just as the defence of the realm is the key mission of a Federal Government.

Enforcement of the rule of law means that individuals and businesses can contract among themselves or with other with a high level of confidence that these contracts will be honoured.  Citizens can also go about their daily business with confidence, and seek meaningful legal redress if their rights are breached.

However, it is clear that for some period of time between 2007 and 2009, the forces of law and order were not in full control of CBD Melbourne and other entertainment and activity centres during night time hours.

This meant that citizens and visitors alike could not go about their daily business without fear of attack.

In 2008, Mr Kanana Kharbanda, an accounting student, had been walking a friend to a railway station in the suburb of Sunshine when they were victims of an unprovoked attack by a group demanding money.

Mr Kharbanda suffered a fractured eye socket and broken nose. He has lost the sight in his right eye.

According to former Ambassador to India John McCarthy, quoted in today’s Australian (www.theaustralian.com.au/news), the mindless `Clockwork Orange’-style attacks on Indian students have damaged our reputation in Asia.

“Incidents against Indian students had a huge and devastating impact in India and that has flowed through to other parts of Asia,” Mr McCarthy told the Australia Unlimited 2010 Summit in Melbourne on Wednesday.

“Reputation matters. If a country gets a bad reputation for the way it treats people, that’s clearly going to affect tourism, it’s clearly going to affect education . . . it impacts the way that foreign companies tend to look at Australian companies in these areas.”

They have almost certainly led to a significant drop in enrolments in Victorian educational institutions by Indian students.

At its 2009 Victoria Summit, VECCI’s Infrastructure Task Group Report noted that  while zero-tolerance New York had experienced an 80 percent drop in serious crime between 1990 and 2007, Melbourne had experienced a 44 percent rise in assaults since 2000-01.

The Report concluded that we need “an integrated plan to make Melbourne Australia’s safest large city”.

Since our Summit, both the State Government and Opposition have responded with promises of increased police numbers and railway station security.

While it is ok to have an auction on police numbers, the other parts of the equation are crime prevention, including appropriate stop and search powers to combat knife crime, and proper sentencing.

No doubt VECCI will be pressing for these two remaining pieces of the puzzle in the upcoming State Election campaign.

A Ford worker has been threatened with a fake bomb which was planted in his locker after he crossed a union picket line, according to the Geelong Advertiser.

The “bomb” was allegedly discovered at the Geelong plant yesterday and the tradesman’s toolbox had also allegedly been smashed.

Management has vowed to sack the staff responsible for the bullying behaviour and has launched an investigation into yesterday’s incident, however police were not called in.

A union organiser tried to deflect suspicion away from his members, joking that the world’s most hated terrorist Osama bin Laden may have planted the hoax bomb.

Ford workers told the Geelong Advertiser that the tradie recently crossed a union picket line to work extra hours and had volunteered for even more overtime in the coming weeks.

“One person made himself available to work on the weekend while others made a ban on working overtime,” one worker said.

“When he arrived at work this morning his toolbox and locker was smashed and a make-shift bomb was attached to them.”

Another confirmed the staffer had worked during a recent overtime ban and had agreed to work even more hours at the request of Ford managers.

Ford Australia’s Neal McCarthy last night confirmed the incident, saying the company had launched an investigation into the behaviour.

“This type of behaviour is unacceptable and we are treating the incident very seriously,” Mr McCarthy said. “We are conducting an investigation and we will take appropriate action once that investigation is completed.

Alexandra Marriott, VECCI Manager Workplace Relations Policy, said; “This incident demonstrates that workplace bullying really can be a life and death matter.

“The potential linkage of the violence to the choice of an employee to not engage in industrial action is particularly troubling.

“This kind of workplace violence must be condemned, and action should be taken accordingly to ensure the integrity of a workplace’s policy and procedures relating to bullying and harassment,” says Ms Marriott.

This incident coincides with a launch today by WorkCover Minister Tim Holding of a State Government program whereby a team of workplace bullying prevention officers will visit small businesses in Victoria to provide employers with free advice and tools to prevent bullying occurring in the workplace.

Tax, the economy and workplace relations all seem to be high on the agenda for Tony Abbott in the lead-up to the Federal election if his Budget reply speech last night is anything to go by.

The Opposition Leader set out his opposition to the Rudd Government’s Super Profit Tax on the mining industry, promising to vote against it in opposition and rescind it in government. He also confirmed that he will scrap the Government’s broadband plan and restructure the school hall program in order to make budget savings to pull the budget out of deficit at least in the same timeframe as Treasurer Wayne Swan indicated on Tuesday evening.

Abbott’s views on the mining tax were welcome as we are already seeing signs of the proposed tax slowing mining investment, which will have an impact on employment in the mining industry, the prospects of industries that supply to the mining sector, the price of shares, and potentially the power and other bills of households and businesses.

However, his ongoing commitment to a large business-funded tax to pay for a more generous maternity scheme still raises some eyebrows. While there may be further cuts to company tax announced, this is still an impost on business payrolls, which is a concern.  Employer groups have always believed social programs such as maternity leave should be Government-funded.

In the area of workplace relations, Abbott admitted that WorkChoices went too far, but in welcome news for small business, he reaffirmed his pledge to “life the unfair dismissal monkey off the back of small business”. He interestingly referred to small businesses being more like families than institutions in this regard, which many business owners know all too well. He also touched on issues surrounding transitional agreements, which will no doubt be a precursor to further announcements about workplace relations policies before the election.

In an election that will be of significant interest to business, we have gained some early glimpses into the issues that will shape the policies and announcements of each side of politics.

With potentially only a few months until the election, both Rudd and Abbott will don the boxing gloves in search of a fight. With the polls looking tight, it is anyone’s guess who will land the knockout blow.

The City of Melbourne’s draft budget has proposed a $4 flat parking fee for parkers within the Hoddle Grid from 7.30pm to midnight, a period that is currently free.

It is too early to tell what sort of impact on small traders this will have, given that there appears to be no economic impact study behind this decision.

Will people choose commercial car parks or just go for dinner in South Yarra, Richmond or their own suburb.  Who knows?

Is this driven by revenue raising, or an ideological animus against the motor vehicle? Possibly a combination of both (given the overall reliance on parking revenue and the usual achingly politically correct prognostications from Town Hall on transport issues).

Our main concerns would be at this stage restaurants, small bars and theatres.

Public transport tends to dry up after 6pm most nights, and what with the preponderances of rakes, ne’er do wells and bogans lurking about (eds note: all due acknowledgments to Senator Cory Bernardi and Lord Mayor Robert Doyle), I cannot imagine over 40s wanting to ride the last train home.

I am curious to ascertain real business reactions – what do you think?

The Scenario: A recent tragic case of extreme bullying that led to heavy fines being imposed on three employees, a company director and a corporation is a stark reminder to all employers that they are legally accountable for the conduct of their employees.

This case serves as a reminder that occupational health and safety in the workplace is a complex matter – and one that is constructed across both common law and legislative duties.

As noted in the judgment to this case, the construction of ‘safety’ in the workplace extends to psychological safety, as well as physical; the compliance obligations reflect this duty.

Managing these duties requires substantive and sustainable measures by a business. This can extend to:

• ongoing training;
• the review of and education about workplace policy procedures and protocols; and
• ensuring that consistent messages are sent regarding the standard of conduct expected and required in the workplace, from both employees and employers.

In some cases, this may require managing – and in the worst case scenario, terminating – an employee who breaches their OH&S obligations or engages in conduct that is endangering to other workers.

As this recent case shows, bullying can have tragic consequences.

Accordingly, we support the principle demonstrated in this case that those in control of a workplace – and the conduct within it – be held accountable for failing to take adequate preventative measures.  

We encourage the Government to continue to work to ensure that those with responsibility for both the culture and compliance of a workplace feel empowered, supported and confident when they take necessary steps to intervene where a case of bullying or harassment is alleged.

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The advice and opinions offered within Ask Erin are in no way considered a replacement for appropriate professional advice. While Ask Erin aims to provide solutions or assistance with particular situations, it is primarily intended to inform readers of the widely-varying range of issues employers may face in the workplace. 

Are you unsure about your obligations as an employer in relation to workplace disputes or discrimination or OH&S obligations? At VECCI, we provide a range of services to help our members stay informed and compliant with Industrial Relations, OHS and HR policies.

If you are a member and would like further assistance, please call our Industrial Relations - Workplace Relations Helpline on 03 8662 5333, Monday to Friday between 8:30am – 5:15pm.

Not a VECCI member? Simply click here to join today or find out about the full range of benefits available to VECCI members!

The Scenario: Recent fatal trucking accidents around Australia have led to calls to ban the long distance transport of dangerous goods. The Rail, Tram and Bus Union (RBTU) have requested State and Territory Governments to amend existing Dangerous Goods legislation to ensure they are transported by rail; thus prohibiting their transport by road.

It seems the reason for this request – which is strongly supported by the Australasian Railway Association (ARA) and the National Roads and Motorists Association (NRMA) – largely stems from the loss of over 70 lives in vehicle accidents over the Christmas / New Year holidays. Among the dead are three children and two adults killed in two accidents involving fuel tankers in New South Wales.

While VECCI does not support this proposal, businesses transporting dangerous goods will need to ensure, so far as is reasonably practicable, that they do so in a safe manner.

This means that anyone conducting a business that transports dangerous goods ensures that employees of the organisation, contractors and their employees and members of the public are not exposed to health or safety risks and directors and managers may be personally liable if their organisation is found to have breached Dangerous Goods and Occupational Health and Safety legislation.

Ensuring that dangerous goods are transported by the safest possible method means that a conscious assessment of the use of road or rail transport will need to be made and a risk assessment undertaken to ensure that any risks associated with the transport of dangerous goods are identified and properly controlled.

What will this mean for your business? Should the transport of dangerous goods by road be discontinued? Is it practical to discontinue the transport of dangerous goods by road? What are your thoughts?

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The advice and opinions offered within Ask Erin are in no way considered a replacement for appropriate professional advice. While Ask Erin aims to provide solutions or assistance with particular situations, it is primarily intended to inform readers of the widely-varying range of issues employers may face in the workplace. 

VECCI’s experienced workplace relations advisors provide VECCI members with relevant, up-to-date, independent and accurate advice on a range of workplace relations issues.

For more information about VECCI’s OHS and Workplace Relations services, contact VECCI’s OHS team on 03 8662 5333.

The Scenario: Recently, a VECCI member, a retailer, was issued with an improvement notice by a Worksafe Victoria Inspector that required the testing and tagging of a cash register. When the member sought a review of the inspector’s decision, the Victorian WorkCover Authority affirmed the inspector’s view and extended the time required for the employer to comply.

To our knowledge, Australian Standards are not mandatory unless they are called up by the Victorian OHS Regulations, 2007 and AS/NZS 3760:2003 – and in-service safety inspection and testing of electrical equipment is not one of those Standards called up. This means Australian Standards not called up by the Regulations are considered as guidance material only (i.e. considered to be best practice and advisable to follow, but not mandatory).

Surely if something is not mandatory, then it cannot be required to be done by a WorkSafe Inspector. Would it have been better if the inspector’s report of his/her visit recommended testing of this equipment in accordance with AS/NZS 3760:2003? This would enable the suggestion to be assessed by management and acted upon by the responsible manager(s).

If inspectors can issue Improvement Notices requiring employers and their representatives to act according to Australian Standards; this means that all of the Australian Standards become mandatory. This would, in turn, mean a significant level of prescription has been introduced into what is essentially a self-regulated legislative process.

Requiring employers to meet the requirements of Australian Standards not called up by the Regulations will mean considerable time spent and red tape for the employers when attempting to understand and meet Australian Standards requirements.

In this case, the inspector is effectively stating that failure to test and tag a cash register amounts to a failure of the employer to meet their duty of care in the provision of a safe and healthy workplace.

What do you think about this situation? Have you had a similar experience?

____________________________________________________________________________________

The advice and opinions offered within Ask Erin are in no way considered a replacement for appropriate professional advice. While Ask Erin aims to provide solutions or assistance with particular situations, it is primarily intended to inform readers of the widely-varying range of issues employers may face in the workplace.

VECCI’s experienced workplace relations advisors provide VECCI members with relevant, up-to-date, independent and accurate advice on a range of workplace relations issues.

For more information about VECCI’s OHS and Workplace Relations services, contact VECCI’s OHS team on 03 8662 5333.

The Victorian Farmers Federation this morning (Age p.5) made a  contribution to the water debate by suggesting that recycled water from the Eastern and Western treatment plants could be piped along the route of Melbourne’s ring roads to water the gardens of new housing estates. 

This makes some level of intuitive sense, and echoes an idea from an ex Melbourne Water engineer who wanted to run a recycled water pipe up Eastlink from the Carrum treatment plant.

Meanwhile, in The Australian yesterday (p.12), Martin Laverty, CEO of Catholic Health Australia, suggested taking the pressure off public hospitals (running at 87% utlisation for beds) by moving some spare capacity into private hospitals (running at 77%).

Laverty is in a good position to talk about this issue, given that his network’s 21 public and 54 private hospitals operate one in every 10 hospital beds in Australia and employ 40,000 staff.

From my own experience, I underwent some minor elective surgery in a major Melbourne private hospital last year, and while waiting to be picked up, I was moved into a completely empty ward with 20 spare beds, and saw other empty wards on the way out.  I wondered if this had anything to do with recently reduced incentives to take out private health insurance implemented by the Federal Government.

Would be interested to hear what readers think.

A very wise man at VECCI called Chris James explained to me one day his “Theory of the Two Idiots”.

It goes something like this: just because two parties are having a dispute does not mean one is right and one wrong.  Both may be idiots.

In my view, the Two Idiots Theory^© can be directly applied to the situation involving the protest boat the Ady Gil, and the Japanese `research’ ship, the Shonan Maru.

Boats like the Ady Gil (which looks very silly indeed, like a kind of nautical Batmobile) and the Sea Shepherd indulge in dangerous antics to try and garner media attention.  Naturally, newspapers like The Age oblige them with front-page stories.

Meanwhile, vessels  like the Shonan Maru conduct “research” which requires hundreds of unfortunate whales to be slaughtered.

Now there are calls for the Navy to be sent in to watch over this farce.

I think taxpayers’ money could perhaps be better spent. Hopefully, in the meantime, Moby Dick will emerge and teach them both a lesson.

Meanwhile, it was interesting to see a single idiot at work this week – in this case the Rail Tram and Bus Union, which called for  petrol tankers to be banned from our roads, with petrol put on rail.

Not a bad plan, apart from the fact that we do not have a railway station alongside every fuel depot or service station.

The two weekend stabbings in Melbourne engender a number of questions about knife culture, community safety, police response and Melbourne’s international reputation as a safe city.

One stabbing resulted in the death of an Indian national, the other with the victim being rushed to hospital in a critical condition after being essentially saved by a passing doctor.

Both were not the result of turf wars or gang violence but were innocent passersby going about their business.

One was returning to his car from a restaurant after a meal; the other was heading to work to manage a restaurant.

Both occurred in gentrifying areas, one just off one of Melbourne’s premier entertainment/restaurant districts (although it must be said that Footscray and Fitzroy still have their moments).  The southern end of Brunswick Street contains a large Housing Commission estate with its share of social problems; but is also home to a sizeable police station.

Most disturbingly of all, robbery may not have been a motive, with wallets and phones not taken.

Are there at least two Norman Bates-style psychopaths running around Melbourne?  If there is even a possibility of this, surely it is a recipe for a massive manhunt, with the heat being put on known villains and the perpetrators hopefully being forced into a mistake.

Instead these incidents have been greeted with a `c’est la vie’ attitude by officialdom: it was tragic and unfortunate, the victims were in the wrong place at the wrong time etc. etc…

Sure, there probably is an element of naievity in terms of some of the choices overseas students make in terms of suburbs they live in and entertainment options – after all, venturing out to a bar in Epping to shoot pool (something some previous Indian victims of violence did last year)  is something even I would not do!

However, perhaps it is time to change the record on this and see that the perpetrators were in the wrong place rather than the victims.  The right place for the perpetrators is jail, for a very long time indeed (our `revolving door’ prison system and our namby-pamby juvenile `justice’ system is a topic for another day).

A police crackdown on knives in the Footscray area begins on Thursday but, strangely, the police have telegraphed their punches on this one.

What are the broader business implications of all of this, apart from not being able to go about your business?

The Age reports this morning:

…The Indian Government has reacted strongly to the stabbing, labelling it ‘‘brutal’’ and revealing it may issue an official warning to Indians about the safety of travelling to study or work in Melbourne’.

`The Hindustan Times reports the Government “will be forced” to issue the advisory ‘‘if the authorities … did not take stern action this time’’.

As well as being a major market for overseas students, India has been a growing tourism market, with 33.8% growth in visitors between September 2008 and September 2009.

A travel advisory would savage this market, just as the Indian market for overseas students has been hurt.

And, remember, there is nothing to stop other countries from adopting a travel advisory if they so choose as well.

Time to get tough on crime, Mr Brumby!