VOICEBOX: Opinions from across the manufacturing industry

Underpayments and prosecution, are employers vulnerable?

As an employer, you would be aware of your legal and fiscal obligations when employing workers – specifically, the obligation of ensuring correct payment of wages and entitlements in accordance with the Fair Work Act 2009 (Cth) (FW Act). By Stephanie Shahine and Simone Caylock of AMTIL corporate partner Rigby Cooke.

The Fair Work Ombudsman (FWO) is tasked with enforcing compliance with the FW Act, including ensuring employees receive their lawful entitlements. The FWO can investigate employers if a complaint has been made regarding a failure to comply with workplace laws, including wage underpayments. If a breach has been identified, the FWO has a range of compliance powers, including issuing a compliance notice requiring that the breach is rectified within a certain period of time, entering into an Enforceable Undertaking and/or issuing prosecution proceedings against the employer and persons knowingly involved in the alleged breach, including directors. Sapphire Freighters: a case study

The consequences of not paying the correct wages to employees and failing to rectify the issue were demonstrated recently in a Federal Circuit Court case against Sapphire Freighters Pty Ltd, a long-haul trucking business based in Melbourne. The FWO successfully secured a financial penalty of $21,500 against Sapphire Freighters for failing to comply with a compliance notice requiring back-payments of entitlements to a former truck driver, as well as orders that Sapphire Freighters calculate and backpay approximately $6,000 in outstanding entitlements owed to the driver, plus superannuation. In July 2018, the FWO received a request for assistance from a truck driver who had worked at Sapphire Freighters between December 2016 and January 2018. Following an investigation, the Fair Work Inspector formed a belief that throughout the driver’s employment, the company had failed to pay him a rate of pay that was in accordance with the Road Transport (Long Distance Operations) Award 2010, which included certain allowances. As a result, the FWO issued the company with a compliance notice in December 2019. The compliance notice also alleged that Sapphire Freighters breached the FW Act by failing to pay out accrued annual leave on the driver’s termination. Sapphire Freighters failed to co-operate with the FWO and ignored the compliance notice. In situations where an employer fails to comply with a compliance notice issued by a Fair Work Inspector, the FWO can commence proceedings seeking remedies and penalties for any contravention of an entitlement provision, as well as penalties for failing to comply with a compliance notice. When the matter came before the Court, Justice Mercuri found that there was no evidence of any contrition, corrective action or cooperation with the authorities by Sapphire Freighters, who did not appear at the penalty hearing. Justice Mercuri said: “There is also a strong need for general deterrence, particularly in the road freight transport industry, which has significant rates of non-compliance with workplace laws.” The evidence given by the FWO during the proceeding highlighted that the road freight industry currently generates the second-highest number of disputes dealt with by the FWO, identifying road freight operators in Victoria as the worst offenders. The Fair Work Ombudsman, Sandra Parker, said: “When compliance notices are not followed, we are prepared to take legal action to ensure hard-working employees receive their lawful entitlements.” This case demonstrates that if an underpayment has been identified, the risk of being prosecuted is high if the employer does not cooperate with the FWO and comply with any compliance notice which has been issued. Other recent developments – Award Increases and Wage Theft Laws

For all employers, it is important to note that on 16 June 2021, the Fair Work Commission handed down its 2021 Annual Wage Review Decision, increasing full-time minimum wage rates in modern awards by 2.5%. The effective date for the increases varies between awards. In addition to this update, if you are in Victoria, wage theft became a crime from 1 July 2021 under the Wage Theft Bill 2020. Therefore, any employer in Victoria who dishonestly or recklessly underpays employees, withholds employee entitlements, or falsifies or fails to keep employment records to obtain a financial advantage faces a fine of up to $218,088 or up to 10 years in jail for individuals, and a fine of up to $1,090,440 for companies. What does this mean?

Businesses should conduct regular reviews of modern awards and agreements to ensure continued compliance. Should it be brought to your attention that you may not have met your legal obligations, we recommend that you seek immediate advice regarding corrective action you should take, including to minimise your exposure to penalties and other consequences. All employers need to properly understand their legal obligations to avoid any possible claims by employees, the imposition of civil penalties or prosecution. An audit of compliance can not only identify problems but also reduce the risk of being prosecuted if errors recklessly go uncorrected.

Rigby Cooke Lawyers has extensive experience working with clients to ensure their employment contracts are up to date and employee wages are paid in accordance with the Fair Work Act 2009 (Cth). Stephanie Shahine is an Associate in Rigby Cooke’s Workplace Relations team. Simone Caylock is a Partner in the Workplace Relations team. www.rigbycooke.com.au

We need qualified VET and Technologies school teachers – so where are they?

Australia is staking much of its post-pandemic recovery on our manufacturing and engineering sectors. However, a lack of suitably qualified VET in Schools and Technologies teachers raises doubts over the supply of skilled workers that this recovery will need. By Karen O’Reilly-Briggs.

Late last year, the only undergraduate course in Australia purposefully designed to recruit and ‘upskill’ industry experienced tradespeople and technology experts to become qualified Vocational Education and Training (VET) and Technologies secondary school teachers was closed. What makes the closure of this program of particular concern to industry is that it has come at a time when the nation is gearing itself – more so than any other time in Australia’s history – for an economic recovery that is dependent on young people wanting to pursue trade and technologies-based vocations. The Federal Government has promised a “pipeline of skilled workers to support sustained economic recovery”, but in order to generate this pipeline, we need appropriately skilled and qualified teachers with industry expertise and a deep knowledge of pedagogy (the science of teaching and learning) to nurture young people’s curiosity and their desire to enter trade and technical career paths after completing their schooling. The closure of this teaching course has left a vacuum in the secondary school sector, with many stakeholders wondering how exactly governments intend to achieve this “pipeline” to recovery, without the quality or quantity of specialised teachers needed for the job. Compounding the gravity of this situation is the already-existing skill-shortage of graduate VET and Technologies teachers. In 2019, the Design and Technologies Teachers’ Association (DATTA) conducted a nation-wide survey of schools to find that the overwhelming majority of schools surveyed had difficulty finding qualified Technologies teachers, and that 84% of these schools were using unqualified teachers (teachers from other learning areas, such as geography) because they were unable to find the teachers with the expertise that they really needed. The Victorian Teacher Supply and Demand Report 2018 supports these findings, revealing that Digital Technologies teachers and Product Design and Technologies teachers are some of the most difficult teachers for schools to find. Curiously (with one cursory exception), VET teachers did not even rate a mention in this report, which is arguably indicative of the Victorian Government’s lack of concern for quality VET provision in schools. Although no official data appears to exist to quantify the actual shortage of VET in Schools teachers, there is plenty of anecdotal evidence to support this claim. Reminiscent of the proverbial ostrich with its head in the sand, omitting or censoring data concerning the demand for VET in Schools teachers will not make the problem go away. The Organisation for Economic Co-operation and Development (OECD), the Australian Institute for Teaching and School Leadership (AITSL) and the 2018 Gonski Review of Australian schools all acknowledge the importance of having appropriately qualified VET teachers with relevant industry experience and accreditation to help prepare the next generation of workers. However, the nation now finds itself in a situation where the existing pool of qualified VET and Technologies teachers is depleting with each passing day, and secondary schools are increasingly desperate to find suitable teachers to stand in front of these classrooms. Somewhere between the skill-shortage of VET and Technologies teachers, and the nation’s reluctance to develop suitable courses to generate the quality of teachers needed, some highly questionable practices have been taking place. Without access to appropriately qualified teachers, it is now not uncommon for principals to place ‘out-of-field’ teachers in front of Technology and VET classes, or use trade or technically-qualified (but not teacher-qualified) trainers to teach on a special (but temporary) authority called Permission To Teach (PTT). Both of these ‘solutions’ are unsuitable for quality school teaching, and in some cases cause safety risks. DATTA’s 2019 survey found that 70% of respondents harbour concerns for the health and safety of Technologies students as a result of the practice of using unqualified teachers to teach these subjects – and with good reason. What is needed is a solution that includes a practical and accessible way for expert tradespeople and technologists to become professionally qualified teachers. While VET and Technology professionals continue to be denied the opportunity to achieve a professional teaching qualification, schools, and the students who would otherwise be benefiting from their industry expertise, will be disadvantaged. Meanwhile, the industries that depend on schools to produce a vocationally ‘ready’ workforce should brace for disappointment.

Karen O’Reilly-Briggs (PhD) is a trade-qualified metal fabricator, welder, trade teacher, researcher, academic course writer for Box Hill Institute, and former coordinator of the Bachelor of Technology Education program at La Trobe University. A version of this article was published in Education Review. E: k.oreilly-briggs@boxhill.edu.au.

The pandemic has been the ultimate test of supply chain resilience

Events brought on by the COVID-19 pandemic, such as movement restrictions, supply shortages, panic-buying, closure of major international ports and skyrocketing shipping container prices, have put significant pressure on global and local supply chains, writes George Harb.

These disruptions have presented a whole set of new challenges for organisations in terms of how they can meet the needs of consumers. Even as we journey toward what appears to be the latter stages of the pandemic, Australia’s supply chain continues to face significant challenges; in early September 2021, Australia Post announced a temporary pause on parcel collections from ecommerce retailers due to a shortage of staff, with 500 employees having to isolate, while many retailers are already worried about stock availability and their ability to meet the upcoming Christmas demand peak. Over the past 12 months, the Federal Government has already taken several positive steps to help introduce more resilience into the supply chains supporting its economy. Alongside the governments of Japan and India, and in recognition that local and global supply chains have been left vulnerable due to a range of factors, the three nations formally launched in April 2021 the Supply Chain Resilience Initiative (SCRI) to build resilient supply chains in the Indo-Pacific region. Highlighting at the time the importance of risk management and continuity plans to avoid supply chain disruptions, the trio said that possible policy measures may include, in addition to trade and investment diversification, supporting the enhanced utilisation of digital technology. The tripartite agreement builds on a local SCRI launched by the Australian government in October 2020, when it announced an investment of $107.2m committed towards addressing supply chain vulnerabilities. Moving forward, how can organisations ensure their supply chain ecosystems are resilient? Digital technology is clearly a major part of the answer. Digital technology is imperative to building a strong supply chain network that can withstand disruptions however it’s important to invest in the right technology. Every organisation should invest in systems and solutions that integrate with the broader ecosystem; operating in isolation is no longer a viable route for long-term success. Information must flow smoothly and securely between employees, business departments, and extended business networks. Without the right technology at the core, organisations increase the likelihood of negatively impacting collaboration among employees, transparency with partners, and ultimately the smooth operation of the entire supply chain. Characteristics of the modern supply chain

As the modern supply chain incorporates more organisations across a broader geographic footprint than ever before, it becomes increasingly complex. For this reason, it’s vital for supply chain participants to collaborate. Failure to do so can prove costly and disruptive, seeing materials go to waste, longer order-to-delivery cycle times, inaccurate shipments, impacts on quality of service and so on. This is where the need for a connected and resilient supply chain comes in. The pandemic and its effects have tested supply chains across the globe, perhaps more than at any other time in history, and the ones that have proved strongest and most resilient are those that have been able to pivot at a moment’s notice. This feat is achieved by collaborating effectively through technology. Modern technologies such as the cloud, the Internet of Things (IoT), big data and so on must be embraced and connected at all levels to make this a reality. The next level: accelerate digital transformation

To take it to the next level and build true resilience, organisations need to accelerate their digital transformation initiatives so their supply chain ecosystems can integrate data analytics, transactional content and cybersecurity, while providing robust activity reporting, content creation and receiving capabilities and dashboards. Additionally, the use of artificial intelligence (AI) and analytics is now a key enabler for Australian manufacturers as they seek to better align operations that will meet the needs of customers. These innovations also give them the flexibility they need to respond to unforeseen events, quickly change their business model and adapt to new demands. Emerging technologies are at the heart of the fourth industrial revolution. AI and data analytics are transforming the speed at which manufacturers are creating products by using past data to recognise which methods work most efficiently. Hence, it is unsurprising the Advanced Manufacturing Growth Centre has revealed many Australian organisations are embracing these emerging technologies in order to drive growth. The importance of the consumer

While technology facilitates collaboration and transparency in the supply chain, it also increases transparency, which is increasingly important for today’s environmentally conscious and socially responsible consumers. In fact, 84% of Australian consumers prioritise buying from companies that make it clear they have ethical sourcing strategies in place. To meet these needs, Australian manufacturers need to invest in technology that allows them to share data in real-time and gives them clear visibility into partner performance, practices, and certifications – making it easier to establish and operate an ethical supply chain and appealing to the demands of today’s consumer. While some manufacturers are still plodding along with their digital transformation efforts, it is evident that many others are recognising this opportunity and using emerging technologies to accelerate progress. The combination of IoT, AI and data analytics will provide organisations with access to intelligent supply chain data that will measure and analyse activities within the organisation and with downstream partners. Not only will this ensure an efficient and resilient supply chain, but it will also deliver maximum transparency into the working practices of supply chain partners and give organisations the opportunity to earn customer loyalty by demonstrating their entire supply chain operates ethically.

George Harb is Regional Vice President | Business Ecosystems, APAC at OpenText. www.opentext.com

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USA: Robot arm stretches, bends and twists without a motor

A team at the Ohio State University and the Georgia Institute of Technology has developed a robot arm that moves like an octopus arm without the need for a motor (ie moving in response to changes in a magnetic field around it). Most robot arms are heavy because of the need for motors and control units. This one requires neither. Individual segments made of hexagonal-shaped, soft dual silicon plates are embedded with magnetic particles. The plates are connected using tilted plastic panels and the arm placed into a controllable magnetic field. Because each segment had its own magnetic particles, each could be controlled individually by changing the parameters of the magnetic field. This gives the robot arm 360 deg. of movement. It also allowed the robot arm to change its length. The design allows for customisation and is suitable for applications that require more finesse than strength (ie medical applications).

Tech Xplore

USA: Smart laser cutter system detects different materials

“SensiCut,” a smart material-sensing platform for laser cutters, can differentiate between 30 materials. In contrast to conventional, camera-based approaches that can easily misidentify materials, SensiCut uses a more nuanced fusion. It identifies materials using deep learning and an optical method called “speckle sensing,” a technique that uses a laser to sense a surface’s microstructure, enabled by just one image-sensing add-on, suggesting subtle cutting adjustment, and even engraving items. This is done by leveraging a material’s unique micron-level surface structure. The team trained SensiCut’s deep neural network on images of 30 different material types of over 38,000 images, where it could then differentiate between things like acrylic, foamboard, and styrene, and even provide further guidance on power and speed settings. Beyond laser cutters, the team envisions SensiCut’s sensing technology could eventually be integrated into other fabrication tools like 3-D printers.

MIT

Japan: Quantum entanglement of three spin qubits in silicon

For those of you into quantum physics: A three-qubit entangled state has been realized in a fully controllable array of spin qubits in silicon. Silicon quantum dots have properties that make them highly attractive. To usefully connect silicon-based spin qubits, it is crucial to be able to entangle more than two qubits, an achievement that had evaded physicists until now.

RIKEN Center for Emergent Matter Science.

USA: NASA unveils first glimpse of supersonic jet

NASA has released the first glimpse of its experimental supersonic aircraft being developed in conjunction with Lockheed Martin. The aircraft - a 30m demonstrator prototype named X-59 QueSST - is unique because it has no cockpit or front-facing window. It differs from conventional planes due to its dart-like shape that stops the shockwaves forming on the surface from joining together – thereby eliminating the sonic boom. It is designed to fly at supersonic speeds – approximately 660 mph at sea level. NASA will work with US communities to understand their response to the aircraft’s sound and provide that data to regulators, which could change the rules that currently ban supersonic flight over land, cutting travel time in half. It is hoped the larger aircraft will fly over several US cities in 2022 to validate the results.

Space Connect online

Artist illustration of the X-59 Quiet SuperSonic Technology aircraft, NASA’s first purpose-built, supersonic experimental plane in decades. Lockheed Martin

Switzerland: Lightweight composite material inspects itself

Researchers have developed a “proof of concept” laminate that changes colour when the material is deformed. Composed of individual layers, the laminate is translucent, break- resistant and yet very lightweight. It is composed of alternating layers of a plastic polymer and artificial nacre. It consists of countless glass platelets arranged in parallel, which are compacted, sintered and solidified using a polymeric resin. The second layer consists of a polymer to which the researchers added an indicator molecule which is activated as soon as the polymer experiences stretching forces, and this changes its fluorescence. The more the material stretches and the more of these molecules are activated, the more intense the fluorescence becomes. The researchers can now identify overstressed areas within the composite material even before fractures form.

ETH Zurich

Australia: Sugar opens a path to longer-lasting lithium sulfur batteries

Simply by adding sugar, researchers have created a longerlasting, lighter, more sustainable rival to lithium-ion batteries. Using a glucose-based additive on the positive electrode they have stabilised lithium-sulfur battery technology. “In less than a decade, this technology could lead to vehicles that can travel from Melbourne to Sydney without recharging. It could also enable light weight drones” says Prof. Mainak Majumder. In theory, lithium-sulfur batteries could store two to five times more energy than lithiumion batteries of the same weight. The problem has been that the electrodes deteriorated rapidly, and the batteries broke down. Last year the team demonstrated they could open the structure of the sulfur electrode to accommodate expansion and make it more accessible to lithium. Now, by incorporating sugar into the web-like architecture of the electrode they have stabilised the sulfur.

Monash University

China: Launch of the world’s largest wind turbine

MingYang Smart Energy has reached a milestone with the world’s largest hybrid drive wind turbine. The MySE 16.0-242 will have a capacity of 16MW, a 242m diameter rotor, 118m-long blades and a 46,000m2 swept area. Designed for high winds including typhoons, a single turbine will generate 80,000MWh of electricity every year. The nacelle weight is lower: the modest head mass allows for more efficient use of the tower and foundation construction. All the power electronics and MV-transformer have been relocated up the tower into the nacelle, simplifying cabling and enhancing system maintenance. And an air-tight design protects the nacelle from harsh salt spray corrosion while allowing for internal natural air cooling. Commercial production is expected in the first half of 2024.

MingYang Smart Energy

China: Firefighting drones and flying taxis

Chinese company EHang is a pioneer in “flying taxis”. While other companies are struggling to launch, EHang has been routinely carrying passengers on multiple test flights for the last few years and is considering Japan as early as 2023 as a potential market for commercial drone-based transport and delivery services. It also has several eco-tourism projects underway in Europe and Southeast Asia. The company has released a behind-the-scenes video that shows off the company’s fully-operational flying taxi production facility. More recently, the company ventured into firefighting, with a firefighting drone capable of breaking high-rise windows via projectiles and then extinguishing flames. It recently passed a technical evaluation of its EH216F AAV (Autonomous Aerial Vehicle) via 52 different types of tests. A number of companies have been testing prototypes, but they’re generally smaller machines with limited payload capacity.

DroneDJ and mixed

Singapore/USA: Chain mail fabric stiffens on demand

Scientists have developed a new ‘chain mail’ lightweight fabric that is flexible but can stiffen on demand. It is 3D-printed from nylon plastic polymers and comprises interlocking, hollow octahedrons. When the soft fabric is wrapped within a flexible plastic envelope and vacuum-packed, it turns into a rigid structure that is 25 times stiffer/harder to bend than when relaxed. This could pave the way for nextgen smart fabrics that can harden to protect a user against an impact or for additional load-bearing capacity. Typical solid particles are usually too heavy and do not provide enough tensile resistance for wearable applications. But here, each particle is made of hollow frames in different shapes that are then interlocked. The team is working on fabrics made from various metals, which could be used for larger-scale industrial applications.

NTU University

Australia: WA-made robot ‘spider’ unveiled

Nexxis, an WA company that is exporting robotic parts to help with the clean-up of Japan’s Fukushima nuclear plant unveiled MagnetoEX: a small spider-like robot with electromagnetic feet, “cutting-edge” AI and advanced localisation and object detection features for use in hazardous area inspections in confined spaces. It can place its feet in small gaps and on narrow beams, adapting its body configuration to navigate complex geometry and through narrow apertures. A novel magnetic foot quadruped platform was developed which provides enough limb workspace and limb manipulability while enabling the traversing of complex 3-D structures and achieving a wide range of body configurations. It has been developed with the support of the CSIRO’s Data61, SixDe and National Energy Resources Australia. The company is seeking partners for viability testing and a commercial release.

InnovationAus/Nexxis

Magneto-EX robot

USA: Lightning no match for wind turbine blade protection system

Lightning protection systems currently exist for wind turbine blades. But protection was needed for blades made from a new type of material - thermoplastic resin composites - and manufactured using an innovative thermal welding process which allows for the replacement of adhesives (which add weight and cracking potential). Because thermal welding requires adding a metal heating element which can attract lightning, a protection was invented to keep the novel thermoplastic materials safe. The team infused an expanded aluminium foil into the blade skin to divert lightning current away from the metal heating elements. Tests demonstrated that about 80% of the electric current went into the expanded aluminium foil layer and not into the blade skin.

National Renewable Energy Laboratory

“Until now, robotic inspections haven’t been possible in confined spaces due to the risk of ignition, but Magneto-EX changes that” – Jason De Silveira of WA-based Nexxis, a company which has developed a novel robot (Magneto-EX) for hazardous, confinedspace inspections. The Magneto-EX has had its design approved and EX-certified – working safely and reliably in the most extreme conditions. WA’s Innovation and ICT Minister said that Magneto-EX was a prime example of how the state’s robotics sector was thriving and competing globally. “Innovation has an important role to play in growing and diversifying the state’s economy, and the Western Australian Government is committed to nurturing local innovators” he added.