A Perfect Union Carita Kazakoff Principal Solicitor Young

A Perfect Union? Carita Kazakoff Principal Solicitor Young Workers Centre Trades Hall Victoria Ben Walsh Lecturer and Clinical Supervisor Law School La Trobe University

The background to the creation of the Young Workers’ Centre ( est. 2016) • Young workers marginalised • Union membership declining • Widespread non compliance with industrial awards • e. g. hospitality industry – wage theft • • • Something needs to be done Create a Centre for young workers Law students can help Talent spotting for union movement Increased union membership

Young Workers Centre model

Young Workers Centre - an example Josephine Blow calls in with a potential underpayments issue – that is, she wants to know if she is being paid below the award rate by her employer, who runs a trendy café in inner Melbourne. She must be 30 or under, work in Victoria and not a member of a union.

Young Workers Centre triage process • The YWC Practice Management Group will decide which arm of the organisation to use and how • Weekly meetings of the Practice Management Group are held to discuss all new matters • Casework and Campaign guidelines have been developed • An organising approach might be considered appropriate if a number of clients are contacting the Centre in relation to the same employer • Look for indications of vulnerability that might justify a grant of assistance

Young Workers Centre – legal practice • Induction process for law students undertaking a clinical placement (completion of an employment law subject preferred but not essential) • Phone interviewing to take initial instructions and to provide general information • General administration and filing associated with a legal practice • Case work may include: • Underpayment calculations, letters of demand negotiations • Drafting written advice • Preparing Fair Work Commission applications for General Protections and Unfair Dismissal Claims • Attending conciliations • Preparing cases for Federal Circuit Court and Federal Court

Young Workers Centre – Campaigns and Outreach Campaigns team: • encourage collectivism and grow young activists • community protests at prominent locations or worksites – social action approach • social media campaigns and news stories e. g. Buzzfeed • collective action at workplaces (maybe as simple as facilitating group meetings or letters of demand) • postering and handing out fliers around workplaces

Young Workers Centre – Campaigns and Outreach Centre Delivers work ready training modules in relation to safety and bullying, workers’ rights and social institutions such as unions, delivered to all government and some private secondary schools and TAFES throughout Victoria .

Young Workers Centre Unites a broader philosophy of union campaigning and organising with a community legal service/public interest lawyering approach - Agitate, Educate, Organise!

Young Workers Centre Case/Campaign study Wage theft of young workers in the hospitality industry What is the extent of the problem? - payments under the award rates - non payments of penalty rates - non payment of superannuation entitlements What can be done about it?

Young Workers Centre Case/Campaign study • The issue comes to light through the callers to the CLC arm of the Centre , through surveys, and contact from young workers in the community • The Campaign and Outreach arm of YWC conducts research and surveys • The Committee of Management of YWC decides on the type of assistance that should be provided to new callers and works alongside the young workers affected in relation to: • Case work • Collective action at the workplace • Campaign activity • Law reform activities

Young Workers Centre Case/Campaign study Research reveals that: • Wage theft is rife • 1 in 5 young workers are being paid below award • Less than half of young workers get paid their proper penalty rates for workings nights, weekends and public holidays • Under paying employees is a low risk practice because employers are rarely required to pay employees their award entitlements and even more rarely are they financially penalised for or not doing so.

A CASE STUDY IN WAGE THEFT One of the biggest new stories of 2018 that drew national attention to the issue of wage theft occurred in the heart of Melbourne at a trendy inner city cafe. Attempts by one young waiter and her co-workers to negotiate with their employer to rectify underpayments were met with hostility: workers were sacked by text, and told the business would sue them ‘individually and collectively’. With legal and campaign support from Young Workers Centre and hospitality union Hospo Voice, the workers have fought for wage justice in the hospitality industry.

A CASE STUDY IN WAGE THEFT • Georgie* was not the only worker fired for speaking out: several others were soon told they too were not welcome to return. The owner’s hostility towards those workers who challenged wage theft only further galvanised Georgie and her co-workers to fight back. • Over that same weekend, Georgie and her co-workers and hospitality union Hospo Voice worked together to organise a ‘snap’ rally to show the community support behind the workers from the café. • By Monday lunchtime, over 100 people rallied outside the cafe demanding that the owners pay workers what they were owed. • Young, underpaid workers took to megaphones for the first time to share their story with cafegoers. Hospitality workers from across Melbourne joined the protest, many hitting the streets for the first time. The Young Workers Centre and unions joined the rally in solidarity. • The local community turned out in huge numbers, sending an urgent message that wage theft would not be tolerated in their community any longer without consequences. *Name changed for legal reasons

A CASE STUDY IN WAGE THEFT The rally and the stories from Georgie and other workers resulted in a number of media articles, radio interviews and TV segments, highlighting the endemic nature of wage theft and the power of the workers who stood up to exploitation. Following the rally and media coverage, the Young Workers Centre was contacted by at least 15 current and ex-employees of the cafe seeking back-pay and remedies for dismissal. We have supported workers to navigate the legal system to recover their unpaid wages and remedy dismissals.

Young Workers Centre Case/Campaign study • Wage Theft ‘Situation Room’ event in early 2018 to formulate strategy • Make Wage Theft a Crime campaign launched at End Wage Theft conference in April 2018 • Wage Theft Community Roundtable held in Law Week 2018 • Briefing Paper “Criminalising Wage Theft” published in May 2018 proposing an amendment to the Crimes Act 1958 (Vic) • In May 2018, the Victorian Premier Daniel Andrews promises to legislate to make wage theft a crime in the lead up to the recent Victorian election. • The YWC hosts subsequent roundtables attended by unionists, public interest lawyers and academics. • The YWC activists host street stalls, blitzes in busy retail and hospitality areas and brainstormed creative actions to activate community support for law reform. • The Premier has reiterated his promise after his re election on Saturday.

Young Workers Centre – Resourcing Funding – Victorian Work Cover Authority Infrastructure – Victorian Trades Hall Advocates and Activists – students Partners and supporters include Worksafe, Unions and Victoria Law Foundation

Young Workers Centre A finalist in the Law Institute of Victoria’s Community Organisation of the Year Awards

Educational perspective Public Interest Law Practice LAW 2 PLP Externship model Semester long placement Clinical supervisor ( Carita ) Academic supervisor ( Ben ) Practicing law in the public interest explored in a seminar series on campus Subject created by Professor Mary Anne Noone

Educational perspective Public Interest Law Practice LAW 2 PLP Intended learning outcomes ( ILOs) of the subject To practice a reflective approach to learning Explain and evaluate the concept, techniques and practice of public interest law Explain and analyse the professional and ethical responsibilities of a legal practitioner in public interest law practice Apply good written and oral communication skills in a legal environment Apply legal research skills in a legal environment.

Educational perspective Public Interest Law Practice LAW 2 PLP Topics for seminar discussion What is public interest law? History and definitional issues Sites forms and techniques of PIL Practical and Ethical challenges of PIL

Public Interest Law Practice Reflective practice Interesting Some students not so interested in the organising/campaigning side of things Some are energised by it

LAW 2 PLP reflective journal entries A range of reflections “One of the things that we have to do often is calculations of underpayments. They are so tedious and boring and I honestly have very little patience for them. I worked on one and then the centre didn’t even take on the person as a client so I have really lost interest. ”

LAW 2 PLP reflective journal entries On a more positive note “I have already learnt so much in the five shifts I have had. I have been enjoying working on various files and learning about different areas of employment law. I find practical work a lot more rewarding than just theory. I have never been the best at studying and thinking theoretically so sometimes being overly interested university has been a struggle. ”

LAW 2 PLP reflective journal entries and “We also help out with other campaigns such as the “vote yes” campaign for same sex marriage and are a very progressive and left wing establishment, focused on changing the laws for the better in not only employment law, but in other significant law that affect young people. It is showing me that there is a lot more I could possibly do with a law degree, than just work in corporate law etc. ”

Public Interest Law Practice and “I have thoroughly enjoyed LAW 2 PLP and a placement subject like this was the best subject I could have done in my final year of law. It has opened my eyes to ways that lawyers can use their knowledge and power to help the disadvantaged and that I do not have to always focus on paying clients and the ‘bottom line’. It has even taught me that I don’t necessarily have to become a lawyer to get a job in a field I enjoy. That’s the great thing about a law degree, you don’t HAVE to be a lawyer. ”

Issues for the Young Workers Centre Balancing the cause with the client’s needs Inevitable volunteer staff turnover and re training of new volunteer staff

References Trades Hall Young Workers Centre webpage http: //www. youngworkers. org. au/ ‘Briefing Criminalising Wage Theft’ at www. youngworkers. org. au/publications ‘Public Interest Lawyering A Contemporary Perspective’ by Chen and Cummings Wolters Kluwer 2013 La Trobe University CLE website https: //www. latrobe. edu. au/law/study/internships-and-placements/clinical-legaleducation Ben Walsh at benedict. walsh@latrobe. edu. au