Fair Work Ombudsman Report - Australia: CoS in breach
The final report has just been released.
Inter Alia:
The full report is here: http://www.fairwork.gov.au/Document...logy Narconon and Get off Drugs Naturally.pdf
Happy reading.
The final report has just been released.
Inter Alia:
- The Statement of Findings says the Fair Work Ombudsman considered, but was not persuaded, by submissions from the CoS that the Fair Work Act did not apply because the church “is a religious entity ... and there isn’t any worker relationship or employer relationship”.
- The Statement says documents and policies examined by Fair Work inspectors during the course of their investigation “plainly contradicted” this assertion.
- The CoS described payments to church workers as being “a small amount to enable them to perform their duties by covering the cost of travel, babysitters, food and other expenses ... not a reward for services rendered”.
- However, the investigation found several features of the arrangements within the CoS entities were not consistent with volunteer or voluntary work.
- “In particular, witness evidence indicates that significant hours of work were imposed on workers. Further evidence indicates a significant level of control and direction was applied to workers by more senior church members who held positions of authority,” the Statement of Findings says.
- The Statement says documents provided by the CoS indicate it is a “bureaucratised organisation” which appears to have imported practices and procedures into Australia with little thought to workplace relations laws.
- Witnesses told the Fair Work Ombudsman they were directed to work up to 72 hours without a break to complete tasks assigned to them for as little as $10 a week at a time when the Federal Minimum Wage for a full-time adult before shift and weekend penalties was $543.78 for a 38-hour week.
- The Statement of Findings says the complaints that have been investigated, and the receipt of further complaints, is indicative of systemic problems relating to the way labour has been obtained by the CoS and which has caused these arrangements to be the subject of external criticism.
- "At the very least, the volume of complaints should alert the CoS that there needs to be a change to the current practices relating to how they recruited and are receiving free labour from their followers, should they hope to reduce the number of complaints into the future,” the Statement says.
- “Equally, the Fair Work Ombudsman offers advice to persons giving their labour for free to any religious organisation that they should be mindful of their intentions in doing so and to the extent possible, protect their own interests and immediately withdraw their labour if they perceive that their relationship ceases to be truly voluntary.
- “In many instances, the witnesses provided considerable free labour to the CoS over a period of several years where they either knew or ought to have known that they were unlikely to be paid for that work from an early stage.
- “Some claimed the use of unconscionable tactics by the CoS designed to retain their commitment. The Fair Work Ombudsman makes no findings in respect of those allegations, but advises that if workers providing services to religious or any other organisation consider that they are being subjected to intimidation or other illegal pressure to continue to provide their labour, they should contact police.”
The full report is here: http://www.fairwork.gov.au/Document...logy Narconon and Get off Drugs Naturally.pdf
Happy reading.
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