Two men face each other across a line of cones. Income inequity breeds resentment, creating a divide. Mountains in background.

Pay up: income inequity breeds resentment

Income inequity concept: Two men stand apart, separated by a line of cones. Mountains in the background symbolize the vast divide.

Public outrage over multi-million dollar CEO salaries will never go away when employees are underpaid. It offends our sense of fairness and the increasingly threadbare notion of Australia as an egalitarian nation.

This point is not lost on many who read about Woolworths’ admission it underpaid nearly 6,000 staff over ten years by a total $300 million.

The supermarket chain had failed to account for the actual hours that staff were working, with out-of-business-hours work patterns attracting penalty rates, which were not being added to their salaries.

Other companies which have been caught out with similar underpayments include Qantas, ABC, Commonwealth Bank, Bunnings, Super Retail Group and Michael Hill Jewellers.

While some business leaders laid blame on the complexity of modern awards, Fair Work Ombudsman, Sandra Parker said employers were at fault with “ineffective governance combined with complacency and carelessness toward employee entitlements”.

Human resources leader, Alec Bashinsky, was succinct in his response: “This is 101 stuff and not acceptable in any scenario”. For 14 years, Bashinsky was Asia Pacific talent leader for Deloitte, which employed more than 3,000 people in Australia alone.

Revelations such as the underpayments just add more fuel to the conflagration of distrust and anger, which has led to the rise of anti-establishment political movements around the world.

In Australia, it builds on a mountain of evidence of businesses behaving badly, following revelations of the deliberate underpayments and worker exploitation in the franchising sector and the litany of unethical decision-making unearthed in the recent Royal Commission into financial services.

CEO’s get richer, worker pay stagnates

While company reputations have been trashed over the past couple of years, business leaders have continued to prosper. Company boards responded to public resentment over CEO salaries by reducing the pay of incoming CEO’s… while handing out the second-biggest bonuses of the past 18 years.

Thanks to those bonuses, the median realised pay for an ASX100 CEO reached $4.5m in the last financial year, according to a report by the Australian Council of Superannuation Investors.

Leaders whose companies were directly involved in recent scandals have been punished. Big bank CEO’s saw their remuneration fall over the past year. However, total remuneration for top 50 CEO’s increased by 4 per cent on average, compared to general wage growth at 2.2 per cent, according to the Australian Financial Review.

Macquarie Bank’s Shemara Wikramanayake was the highest paid with $18 million, followed by Goodman Group’s Gregory Goodman with $12.8 million.

Labor MP and economist, Andrew Leigh says the growing gap between the leaders and the led poses a threat to the Australian ethic of egalitarianism.

“Australia is a country where we don’t have private areas on the beaches, we like to say ‘mate’ rather than ‘sir’, we sit in the front seat of taxis and we don’t stand up when the prime minister enters the room,” says Leigh, who is also Deputy Chairman of the Parliamentary Economics Committee.

Former chairman of the Australian Competition and Consumer Commission, Allan Fels, has written: “The increase in pay levels for CEO’s has occurred at a time when public trust in business is at a low ebb and wages growth in the broader economy can best be described as anaemic”.

The rising levels of income inequality create serious social harm, according to the Australian Council of Social Service (ACOSS).

Someone in the highest one per cent now earns more in a fortnight than someone in the lowest 5 per cent earns in an entire year.

“Excessive inequality in any society is harmful. When people with low incomes and wealth are left behind, they struggle to reach a socially acceptable living standard and to participate in society. This causes divisions in our society,” according to ACOSS, after the release of its Inequality in Australia report in July.

“Too much inequality is also bad for the economy. When resources and power are concentrated in fewer hands, or people are too impoverished to participate effectively in the paid workforce, or acquire the skills to do so, economic growth is diminished.”

Reining in the excesses

Investors have a mechanism to act if they believe boards have been overly-generous in executive remuneration. In 2018, 12 companies in the ASX200 had shareholders vote down board remuneration reports in a “first strike” action. A further seven were close to experiencing a first strike.

According to the “two-strike rule”, if subsequent remuneration reports are voted down by at least 25 per cent of shareholders, the board positions may be subject to a spill motion. At this point, no company has experienced a board spill as a result of this rule.

The two-strike rule came into effect in 2011 after a Productivity Commission Inquiry into Executive Remuneration found that executive pay went up over 250 per cent from 1993 to 2007.

Labor went into the last Federal election with a policy aimed at encouraging more moderation in executive pay, requiring companies to publish the ratio of the CEO remuneration to the median workers’ pay.

At present, ASX-listed companies have to publish their policies for determining the nature and amount of remuneration paid to key management personnel. However, without a requirement to divulge what the median worker is paid, a ratio cannot be calculated.

The United Kingdom and the United States have both introduced new regulation to require their biggest listed companies to divulge and justify the difference between executive salaries and average annual pay for their employees.

This is going to put more pressure on CEO salaries as the public gets a clear picture. Research in the US shows, for instance, that the average person thinks the pay ratio is 30:1 when the average is actually closer to 300:1.

Those disclosures can have material impacts on a business. The US city of Portland has imposed a 10 per cent tax surcharge on companies with top executives making more than 100 times what their median worker is paid and a 20 per cent surcharge if pay gaps exceed 250 to one.

Leigh says the top 50 CEO’s in Australia are now earning packages at a ratio of around 150 or 200 of median wages in their organisations.

“Those ratios are truly out of whack. If you go back to the 1950s, and 1960s, workers at Australia’s largest firms could earn in a decade what the CEO earned in a year.

“Now, it would take multiple careers for workers in many firms to earn what the CEO earns in a year.”

Setting a fair pay formula

When you have these two issues running concurrently – ever-rising CEO pay and underpayment of workers – it seems appropriate to take a new look at what fair pay looks like.

Some companies have tried to ensure fairness by setting CEO pay as a multiple of the salary of an organisation’s lowest-paid worker.

Mondragon is a Spanish co-op famous for its egalitarian principles. Its CEO is paid nine times more than what its lowest-paid worker earns. In comparison, the CEO of an average FTSE 100 company is paid 129 times what their lowest-paid worker earns.

Mondragon is not well-known in Australia, but is a vast global enterprise, employing more than 75,000 people in 35 countries and with sales of more than Euro12 billion per year – equivalent to Kellogg or Visa.

US ice cream company Ben & Jerry’s took inspiration from Mondragon, setting a five-to-one salary ratio when it started in 1985.

Writing in their book Ben Jerry’s Double Dip: How to Run a Values Led Business and Make Money Too, the founders Ben Cohen and Jerry Greenfield say: “The compressed salary ratio dealt with an issue that’s at the core of people’s concerns about business and their alienation from their jobs: the people at the bottom of the ladder, the people who do all the actual physical work, are paid very poorly compared to the people at the top of the ladder.

“When we started our business, we were the people at the bottom. That’s whom we identified with. So we were happy to put into place a system whereby anytime the people on the top of the organisation wanted to give themselves a raise, they’d have to give the people on the bottom a raise as well.”

Ben & Jerry’s kept that arrangement in place for 16 years but, when Cohen wanted to retire, attracting a replacement CEO meant raising the rate to a seven-to-one ratio.

“ … as the company grew, the salary ratio became problematic. Some people in upper-level management believed that we couldn’t afford to raise everyone’s salaries, and the salary ratio was, therefore, limiting the offers we could make to the top people we could recruit,” wrote the founders in 1998.

“Other people – Ben included – thought money wasn’t the problem, and that we’d always had problems with our recruitment process. Ben points out frequently that eliminating the salary ratio, which we did in 1995, has not eliminated our recruiting problems.”

The New Zealand Shareholders Association has also called (in 2014) for CEO base pay to be capped at no more than 20 times the average wage.

Fairness is important to us

Leigh, who wrote a book Battlers and Billionaires on inequality, says people naturally benchmark themselves against those around them: “That is how we figure out what we are worth”.

The point is that people care less about the dollar figure they are paid than they do about how it compares to others. If they think it is unfair, their attitude at work and motivation suffers.

“People work less hard when they feel they have not been adequately recognised within the firm,” says Leigh.

Pay transparency – making salaries public knowledge – can be a two-edged sword. People further down the “pecking order” feel worse when they see how others are paid more. However, people should be able to find out where they stand and what they need to do to climb the salary ladder.

“If you are running a firm where the pay structure is only sustainable because you are keeping it secret, then you are walking on eggshells. Ultimately, good managers should be able to be transparent with their staff. Secrecy shouldn’t be a way of doing business,” says Leigh.

“If you are playing football with David Beckham, you don’t begrudge the fact that David Beckham is pulling in a higher salary package than you. The problem arises when there are inequities that aren’t related to performance.

“People are comfortable with the fact that a full-time worker will earn more than a part-time worker, that someone who has another 20 years’ experience gets rewarded for that experience. But, if you are being paid more just because you are family friends with the CEO or you share the same race as the CEO or the same gender, then that is not fair.

“So pay transparency can produce fairer workplaces.”

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Taking the bias out of recruitment

Person in red hoodie wearing an illuminated mask. Recruitment bias concept image.

When recruiters sift through job applications, they take less than 10 seconds to decide whether someone will be lucky enough to get through to the next round. If your CV doesn’t grab their attention immediately, you’re done.

“Millions of people are getting hired and fired every single day,” says Kate Glazebrook, CEO and founder of the Applied recruitment platform.

“And if you look at your average hiring process, it involves usually 40 to 70 candidates applying to a particular job.”

Decisions made at this speed require shortcuts. They rely on gut feelings, which essentially are a collection of biases. Without even being conscious that they are doing it, recruiters and hiring managers discriminate because they are human, and they are in a hurry.

Glazebrook says most hiring decisions are made in the “fast brain”, which is fast, instinctive and emotional. “That’s the automatic part of our brain, the part of the brain uses fewer kilojoules so we can make hot, fast decisions,” she says.

“We’re often not even aware of the decisions we take with our fast brain.” The fast brain/slow brain concept references work by Nobel Prize-winning psychologist and economist Daniel Kahneman, who studied cognitive biases.

The “slow brain” refers to thought processes that are slower, more deliberative and more logical.

“And I think it’s clear that when you’re 69 candidates down, it’s 5pm on a Friday, you’re definitely less likely to be using your slow, deliberative part of your brain, and much more likely to be using your fast brain,” Glazebrook says.

‘We all overlook people who don’t look the part’

The inherent biases in traditional recruitment practices go some way to explaining the slow and limited progress of diversity and inclusion in our organisations.

“There’s, sadly, lots of meta-analyses showing just how systematically we all overlook people who don’t tend to look the part,” she says. “And there’s evidence to suggest that minority groups of all kinds are overlooked, even when they’re equally qualified for the job.”

Bias against people with non-Anglo sounding names was famously demonstrated in an Australian National University study of 4,000 fictitious job applications for entry-level jobs.

“To get as many interviews as an Anglo applicant with an Anglo-sounding name, an Indigenous person must submit 35 per cent more applications, a Chinese person must submit 68 per cent more applications, an Italian person must submit 12 per cent more applications, and a Middle Eastern person 64 per cent more applications,” wrote the authors of the 2013 study.

Lack of diversity is a business risk. According to Applied, diverse teams bring different ideas to the table, so that teams don’t approach problems in the same way. This tends to make diverse teams better at solving complex problems.

Consequently, an increasing number of employers are committing to “anonymised recruiting”. Also known as “blind recruitment”, this process removes all identifying details from a job application until the final interviews.

In the initial candidate “sifting process”, recruiters and hiring managers do not know the name, gender, or age of the applicants. They can also not make any judgements based on the name of the university or high school the applicants attended or their home address.

When the State Government of Victoria trialled anonymised recruiting for two years, it discovered overseas-born job seekers were 8 per cent more likely to be shortlisted, women were 8 per cent more likely to be shortlisted and hired, and applicants from lower socio-economic suburbs were 9.4 per cent more likely to progress through the selection process and receive a job offer.

According to academics researching the trial, “… at the Victorian Department of Treasury and Finance we found that before de-identifying CVs men were 33 per cent more likely to be hired than women. After de-identification, this flipped and women were eight per cent more likely to be hired than men”.

Connecting to brain function

Glazebrook is an Australian-born behavioural economist working in the UK’s Behavioural Science Team, when she co-founded Applied in 2016 with Richard Marr. They aimed to use their understanding of how the brain works to offer a beginning-to-end anonymised hiring.

Applied runs the whole process, from crafting bias-free job specifications and advertising, to candidate testing and selection. Beyond removing identifying details, the company also breaks up assessment tasks among a team of people and randomises the order in which elements are looked at – to minimise the impact of other cognitive biases.

Applied’s clients include the British Civil Service, Penguin Random House and engineering firm the Carey Group. In the past three years, the company has dealt with more than 130,000 candidates.

“We’ve seen a two to four times increase in the rate at which ethnically diverse candidates are applying to jobs and getting jobs through the platform,” she says.

More than half of the candidates who have received job offers are women and there have been “significant uplifts” in diversity in other dimensions, such as disability and economic status.

Glazebrook says US companies spend $US8 billion annually on anti-bias, diversity and inclusion training. However, even with the best intentions of everyone involved, it seems to have limited effectiveness.

“The rate of change is quite slow,” she says.

There is even some evidence that anti-bias training can backfire. Glazebrook says a concept called moral licensing is a concern: “Once you do the training, you tick a box in your brain that says ‘Great. I’m de-biased. Excellent. Moving on’.

“And, actually, you are free to be more biased than you were before because we’re led to believe we have overcome that particular bias,” she says.

Studies show companies openly committed to diversity are as likely to discriminate as those who aren’t.

Infographic on cognitive biases in hiring, a cheat sheet. Includes affinity, confirmation, groupthink, halo effect, and other biases.
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Interior of a Westpac branch, reflecting on Westpac breaches. Blurry woman walks past teller stations, with the Westpac logo visible.

Beyond the headlines of the Westpac breaches

Interior of Westpac branch. Woman seated with tablet, other customers and staff visible. Westpac breaches beyond headlines.

As I look back on the week of turmoil that has engulfed Westpac, my overwhelming feeling is one of sadness.

I am sad for the children whose lives may have been savaged by sexual predators using the bank’s faulty systems. I am sad for the tens of thousands of Westpac employees who may feel tainted by association with the bank’s failings. I am sad for individuals, like Brian Hartzer and Lindsay Maxsted, whom I believe will be remembered more for the manner of their parting from the bank than for all the good that they did along the way. All of them deserve better.

None of this lessens my judgement about the seriousness of the faults identified by Austrac. Nor is sadness a reason for limiting the adverse consequences borne by individuals and the company.

Rather, in the pell-mell of the moment – super-charged by media and politicians enjoying a ‘gotcha’ moment – it is easy to forget the human dimension of what has occurred – whether it be the impact on the victims of sexual exploitation or the person whose pride in their employer has been dented.

Behind the headlines, beyond the outrage, there are people whose lives are in turmoil. Some are very powerful. Some are amongst the most vulnerable in the world. They are united by the fact that they are all hurt by failures of this magnitude.

For Westpac’s part, the company has not sought to downplay the seriousness of what has occurred. There has not been any deflection of blame. There has been no attempt to bury the truth. If anything, the bank’s commitment to a thorough investigation of underlying causes has worked to its disadvantage – especially in a world that demands that the acceptance of responsibility be immediate and consequential.

The issue of responsibility has two dimensions in this particular case: one particular to Westpac and the other more general. First, there are some people who are revelling in Westpac’s fall from grace. Many in this group oppose Westpac’s consistently progressive position on issues like sustainability, Indigenous affairs, etc. Some take particular delight in seeing the virtuous stumble. However, this relatively small group is dwarfed by the vast number of people who engage with the second dimension – the sense that we have passed beyond the days of responsible leadership of any kind.

I suspect that Westpac and its leadership are part of the ‘collateral damage’ caused by the destruction of public trust in institutions and leadership more generally.

When was the last time a government minister, of any party in any Australian government, resigned because of a failure in their department? Why are business leaders responsible for everything good done by a company – but never any of its failures?

Some people think that the general public doesn’t notice this … or that they do not care. They’re wrong on both counts. I suspect that the general public has had a gut-full of the hypocrisy. They want to know why the powerless constantly being held to account while the powerful escape all sanction?

I think that this is the fuel that fed the searing heat applied to Westpac and its leadership earlier this week. The issues in Westpac were always going to invite criticism but this was amplified by a certain schadenfreude amongst Westpac’s critics and the general public’s anger at leaders who refuse to accept responsibility.

So, what are we to make of this?

One of the lessons that people should keep in mind when they volunteer for a leadership role is that strategic leaders are always responsible; even when they are not personally culpable for what goes wrong on their watch. This is not fair. It’s not fair that a government minister be presumed to know of everything that is going on in their department. It’s not fair to expect company directors or executives to know all that is done in their name. It is not fair.

However, it is necessary that this completely unrealistic expectation, this ‘fiction’, be maintained and that leaders act as if it were true. Otherwise, the governance of complex organisations and institutions will collapse. Then things that are far worse than our necessary fictions will emerge to fill the void; the grim alternatives of anarchy or autocracy.

It’s sad that we have come to a point where this even needs to be said.


Cricket batter ready to strike the ball near the wickets on a green field. Renewing the culture of cricket with sportsmanship and skill.

Renewing the culture of cricket

On March 24, 2018, at Newlands field in South Africa, Australian cricketer Cameron Bancroft was captured on camera tampering with the match ball with a piece of sandpaper in the middle of a test match.

It later emerged that the Australian team captain Steve Smith and vice-captain David Warner were complicit in the plan. The cheating was a clear breach of the rules of the game – and the global reaction to Bancroft’s act was explosive.  International media seized on the story as commentators sought to unpack cricket’s arcane rules and its code of good sportsmanship.  From backyard barbeques to current and former prime ministers, everyone had an opinion on the story.

For the players involved, retribution was swift.  Smith and Warner received 12-month suspensions from Cricket Australia, whilst Bancroft received a nine-month suspension.  The coach of the Australian team, Darren Lehman, quit his post before he had even left South Africa.

But it didn’t stop there.  Within nine months, Cricket Australia lost four board directors – Bob Every, Chairman David Peever, Tony Harrison and former test cricket captain Mark Taylor – and saw the resignation of longstanding CEO James Sutherland as well as two of his most senior executives, Ben Amarfio and Pat Howard.

So, what happened between March and November?  How did an ill-advised action on the part of a sportsman on the other side of the world lead to this spectacular implosion in the leadership ranks of a $400 million organisation?

The answer lies in the idea of “organisational culture,” and an independent review of the culture and governance of Cricket Australia by our organisation – The Ethics Centre.

Cricket Australia sits at the centre of a complex ecosystem that includes professional contract players, state and territory associations, amateur players (including many thousands of school children), broadcasters, sponsors, fans and hundreds of full-time staff.  As such, the organisation carries responsibility for the success of our national teams, the popularity of the sport and the financial stability of the organisation.

In the aftermath of the Newland’s incident, many wanted to know whether the culture of Cricket Australia had in some way encouraged or sanctioned such a flagrant breach of the sport’s rules and codes of conduct.

Our Everest process was employed to measure Cricket Australia’s culture, by seeking to identify the gaps between the organisations “ethical framework” (its purpose, values and principles) and it’s lived behaviours.

We spoke at length with board members, current and former test cricketers, administrators and sponsors. We extensively reviewed policies, player and executive remuneration, ethical frameworks and codes of conduct.

Our final report, A Matter of Balance – which Cricket Australia chose to make public – ran to 147 pages and contained 42 detailed recommendations. Our key finding was that a focus on winning had led to the erosion of the organisation’s culture and a neglect of some important values. Aspects of Cricket Australia’s player management had served to encourage negative behaviours.

It was clear, with the release of the report, that many things needed to change at Cricket Australia. And change they did.

Cricket Australia committed to enacting 41 of the 42 recommendations made in the report.

In a recent cover story in Company Director magazine – a detailed examination of the way Cricket Australia responded in the aftermath of The Ethics Centre’s report – Cricket Australia’s new chairman Earl Eddings has this to say:

“With culture, it’s something you’ve got to keep working at, keep your eye on, keep nurturing. It’s not: we’ve done the ethics report, so now we’re right.”

Now, one year after the release of The Ethics Centre’s report, the culture of Cricket Australia is making a strong recovery. At the same time as our men’s team are rapidly regaining their mojo (it’s probably worth noting that our women’s team never lost it – but that’s another story).


People holding a Boycott Transf... banner, disrupting mandatory detentions. Sponsorship and selling your soul concept.

Accepting sponsorship without selling your soul

Protestors hold a Boycott Transfield banner. The banner reads Disrupt Mandatory Detention, highlighting ethical concerns about accepting sponsorship.

The artistic director of the Sydney Festival Wesley Enoch does not shy away from controversy. So it’s no surprise he’s rattling cages with his views on artists accepting money from sponsors with unpalatable policies.

Take the money, he advises. Then use it to create work that expresses your opposition.

“I’m quite compromised a lot in the jobs I’ve done because you’re constantly looking for clean money. You are constantly looking for money that has no stigma attached to it and that comes from the joyous valuing of life,” he says.

“And I don’t think that exists. What you do with it is the most important thing.”

The CEO of the Biennale of Sydney, Barbara Moore, shares his view.

“If an arts organisation takes the position of determining right from wrong in a binary system, we’re not going to have very much art funding left,” she says, pragmatically.

Rather than focusing on the differences, arts organisations should be looking at where their values align and what they can achieve together, she says. Where there is dissent, an event such as the biennale should be a “safe space” to have a difficult discussion about it.

What these two cultural leaders are saying is that artists who feel ethically compromised by accepting money from governments or companies with whom they disagree may be missing a greater opportunity to be heard.

Enoch says his job is to articulate his own values and then let others make their decisions about whether they will sponsor the organisations he leads. However, the sponsorship has to be at “arm’s length”, he says.

“My job is to articulate my values and let others make their decisions. If that means sometimes biting the hand that feeds you, then so be it,” he says.

Enoch says he has a “very complex” relationship with governments, which are major sponsors of the arts, but also promulgate policies he disagrees with – such as mandatory sentencing and offshore detention centres.

“Do I take the money from governments? Yes. Do they stop me from speaking against them? No. And that’s the big thing for me.”

Enoch says he uses the same framework for corporate sponsorships and philanthropy. “They have to support me in doing what I’m doing.”

In 2014, the Biennale of Sydney was hit by a sponsorship crisis when it lost its principal funder, Transfield Holdings – the private company of the Belgiorno-Nettis family. The family, which founded and funded the biennale for 41 years, withdrew from the event after artists threatened a boycott over the role Transfield Services played as a contractor for Australia’s network of immigration detention centres.

At the time, the family-owned Transfield Holdings was a shareholder of facilities manager Transfield Services. It has since sold out its interest in the company.

Luca Belgiorno-Nettis, stepped down as chair of the biennale, even though the contract for the detention centres was awarded two years after he and his brother Guido had stepped down as directors of Transfield Services. They had stopped being directors in 2012, and the contract was awarded in 2014 – the same year as the biennale.

The family company sold out its 11.3 per cent shareholding in Transfield Services after the controversy and Spanish company, Ferrovial, became the new owner of Transfield Services (now called Broadspectrum) in 2016 and announced it was withdrawing from its involvement in detention centres.

Moore, who was head of benefaction (philanthropy) at the time, says it was a difficult time for the family, which she indicates had views on the issue that were more aligned to those of the artists than the protesters may have realised.

But only a couple of weeks away from the biennale’s opening, that aspect of the issue was lost in the “static”.

“We were caught off guard in a media storm,” she says.

The controversy, although painful at the time, did not have an impact on the future of the event. After a government review that confirmed the cultural importance of the biennale, the Neilson Foundation stepped in to take over principal sponsorship and now 45 per cent of the funding comes from three levels of government, with the remainder coming from private philanthropic sources.

“Actually, it has made us stronger because it was a moment for us to pull back and remember what our core values are,” says Moore.

Moore says she regrets that the Transfield controversy ended the partnership and was not used, instead, as an opportunity to engage artists and others around the issue of detention centres.

“We would absolutely take Transfield on as a partner again,” she says.

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Credit card security: Combination lock on a credit card atop a keyboard. Data protection and online fraud prevention if it's not illegal.

If it’s not illegal, should you stop it?

Online security: Padlock on credit card atop a computer keyboard. Stop illegal online activity with secure transactions.

Gambling addict, David Harris, made a sincere attempt to put himself out of harm’s way. Owing $27,000 on three credit cards, he turned down an offer to increase his credit limit and informed the bank about his addiction.

Eleven days later, the bank offered him yet another increase.

Harris, a roofer by trade, borrowed $35,000 from his boss to repay his debts and the two of them went into a bank branch to close his account, but were told they had to talk to the bank by phone. When they called, they were told to visit a branch.

He cut up his credit card, but then later applied for another and quickly ran up a gambling debt of around the same amount. During all of this, he had been “peppered” with numerous unsolicited offers to increase his credit limit.

By the time Harris’ case was detailed in the Banking and Financial Services Royal Commission last year, his bank (the Commonwealth Bank) had already acted to restrict credit increases and credit card offers where problem gambling is identified.

Today, the bank has a Financial Assist Sensitive Matters team to provide financial assistance and guidance. Customers can also ask for a “gambling and cash block” to be put on their credit card to try to stop transactions that may be used for gambling.

However, at the time of  Harris’ disclosure of his addiction to the bank in 2016, there were no processes in place pass that information to the parts of the bank assessing the creditworthiness of its customers.

The bank had not just enabled Harris to use borrowed money for gambling. By putting continual temptation into his path, it was also making it virtually impossible for an addict to stop.

Helping problem gamblers help themselves

Since the Royal Commission handed down its final report in February, other banks have also stepped up to help problem gamblers help themselves. The Bank of Queensland, Citibank and the Bendigo Bank have banned the use of credit cards for online betting.

In July, Macquarie Bank became the first of the larger banks to block credit card transactions for nights out at a casino, lottery tickets, sports betting and online gambling. The card will be declined regardless of whether the user has a problem with gambling. Macquarie has also capped cash advances at $1000.

Some banks offer customers the option to block their credit cards (with a 48-hour cooling-off period) and turn off credit card use for online transactions.

While those lobbying for safeguards have applauded these measures, there are inevitable counter-claims that they impinge on people’s freedom of choice.

The CEO of the peak body for financial counsellors in Australia, Financial Counselling Australia, Fiona Guthrie, says that efforts to put in safeguards are always met with the same protests.

“We get that argument all the time: that gambling is not illegal and so people have choices,” she says.

“The unspoken reason is that they would lose market share. They would not make as much money.”

“But, for me, it is like wearing seatbelts – making sure we don’t do things that are harmful. And the idea that you would borrow money and use it for gambling is clearly got to be a harmful practise.”

Choice is ‘moot’ when you are an addict

While some may argue that banks do not have the right to interfere in personal spending choices, Guthrie demurs, saying that banks have always decided what purposes are suitable for the credit they provide.

“Commercial organisations make decisions all the time about who they will engage with, who they will sell to and how they will sell and on what terms.”

Financial Counselling Australia director of policy and campaigns, Lauren Levin, says “Freedom of choice” becomes moot when someone is in the grip of an addiction: “They are not like everyone else”.

CBA executive general manager for retail, Clive van Horen, spoke about the freedom of choice argument in the Royal Commission when asked if his bank could identify whether people who apply for credit limit increases are spending large amounts on entertainment, takeaway food, alcohol, tobacco or gambling.

Van Horen replied: “With limits, yes we can. Ought we to? That’s a question of interpreting the guidelines”.

“The challenge we have as a bank is gambling is legal and, therefore, the choice – choice we’ve grappled with – is at what point do we say it’s not okay for an adult to choose how much to spend on different activities?

“You can quickly see the slippery slope that puts us on if we say ‘you can’t spend on gambling’.  Well, then, what about other addictive spending on shopping or on alcohol or any other causes?  This is what we’ve grappled with.

“Absent any clear legal or regulatory guideline, how do we determine when we intervene and impose limits?”

Lump-sum payments are also at risk

Levin argues that “doing nothing” is not a neutral position: “It comes with a really significant cost”, she says, pointing to the personal fallout from problem gambling.

Aside from the use of credit for gambling, the government and finance sector also need to turn their attention to the preservation of lump-sum payments and the proliferation of “payday lenders”, she says.

People who receive a lump sum of superannuation money or compensation for illness or accident are also vulnerable to blowing the lot on gambling, especially if they are in chronic pain, on heavy medication or suffer a mental illness such as depression.

Levin says people can transfer any amount of their own money into a gambling account without restriction. She remembers one man lost $500,000 compensation money in four months.

“People using their own money are desperate for tools that could help them not be damaged at a time when they are particularly vulnerable.” Levin says she would like to see banks provide a safe place to preserve the lump sum and a product that offers an income stream to those who have a problem with gambling.

Guthrie says she would like the Government to enact the recommendations from the review of Small Amount Credit Contracts (payday loans), including the proposal to cap repayments on these products to 10 per cent of a consumer’s net income per pay cycle.

“This would prevent over-commitment,” says Guthrie.

While the use of payday loans is common for problem gamblers, it is also true that regular payments to gambling sites is a “red flag” in terms of risk and is one of the top reasons for the rejection of a payday loan application.

Online payday lenders often promise money in your bank account within an hour of approval. They offer amounts of up to $2,000 with a contract term of between 16 days and 12 months and, in some cases, charge more than 400 per cent for payday loans and 800 per cent for consumer leases.

According to constitutional lawyer and activist Shireen Morris, 40 per cent of people who get a payday loan are unemployed, one-quarter get more than 50 per cent of their income from Centrelink, and the average number of loans per borrower is 3.64.

“One case study of loans taken out by Centrelink recipients showed a $700 washing machine ended up costing $2176, a $345 dryer ended up costing $3042 and a $498 fridge ended up costing $1690,” she wrote in the Sydney Morning Herald.

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This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.


Trust-building strategies concept: gloved hand holding a crystal ball reflecting a snowy train track, symbolizing future benefit of the doubt.

Why trust-building strategies should get the benefit of the doubt

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You can’t blame people for feeling cynical. These days, it seems smart to distrust the motives of others and assume their every action is powered by self-interest.

You can’t go wrong expecting the worst, right?

There are so many reasons to be continually on your guard in an era of “alternative facts” and fallen idols. In recent times, all pillars of our society have revealed some rot at their core, whether it be in business, politics, media, religion, science or sport.

Scandalised headlines and royal commissions have lost their capacity to shock, yet there is still an argument for expecting moral behaviour from business. And there is a gulf between reasonable caution and cynicism.

Good things – positive progress ­– cannot happen unless we allow ourselves to believe in and support them.

I think most of us would consider ourselves to be altruistic, ready to put aside our self-interest (at least some of the time) for the benefit of others or a greater cause. And we know others who would behave the same way.

Common sense should then tell us that organisations and industries contain people whose days are powered by good intentions – even if the organisations they work within are caught up in unethical practices.

However, when those people get together to create positive change, the best way to kill it off is with an eye roll, shrug and disbelieving attitude.

In January this year, the energy industry’s Energy Charter took effect, with its 18 signatory companies in the electricity and gas industries voluntarily agreeing to disclose how they are measuring up to a set of principles that require businesses to:

  • Put customers at the centre
  • Improve affordability
  • Provide safe, sustainable and reliable energy
  • Improve customer experience
  • Support customers who are in vulnerable circumstances

Having aggravated customers with inconsistent service and high prices, the industry itself accepted its effort to regain the public’s trust would be greeted with an “oh yeah?” by a disillusioned and distrustful public.

Electrical Trades Union of Australia national secretary, Allen Hicks, was reported as saying the charter was nothing but a “fig leaf” allowing the same for-profit practices to continue while real problems went unaddressed.

Energy Users of Australia chief executive, Andrew Richards, greeted the initiative with what he said was a “healthy scepticism”, while the NSW Energy and Water Ombudsman, Janine Young, said “positive cynicism” would be a more appropriate lens than blank disbelief.

Signatories to the charter submitted their first disclosure reports in October and the Energy Charter Independent Accountability Panel will publish an evaluation report on November 29.

The transparency of the process, in publishing the self-assessments of the signatories, should go some way to dispelling scepticism about the motivations and commitment of the participating businesses. I recently attended the Energy Charter Industry Working Group workshop where members articulated the challenges and learnings of the process. Industry regulators were present to hear the feedback, warts and all. It was a unique experience where fierce competitors came together, showed their vulnerability and contributed to creating a more sustainable industry.

When reading through the energy companies’ self-assessments, the wider community should acknowledge the honesty of owning up to mistakes or their failure to meet expectations.

The Banking and Finance Oath (The BFO) – which I have worked with for over 5 years – is another initiative to earn trust and has also had to combat sceptics and cynics. The BFO asks individuals to hold themselves to account.

While the number of signatories is relatively low, given the size of the industry, there are strong indications it is starting to make headway. Around 3,000 people have committed to the following principles:

Trust is the foundation of my profession

  • I will serve all interests in good faith.
  • I will compete with honour.
  • I will pursue my ends with ethical restraint.
  • I will help create a sustainable future.
  • I will help create a more just society.
  • I will speak out against wrongdoing and support others who do the same.
  • I will accept responsibility for my actions.

In these and all other matters; My word is my bond.

In a speech at The BFO conference in August, chairman of APRA, Wayne Byres said initiatives such as the Oath are important building blocks for a stronger, more efficient, and more sustainable financial system. “They should be welcomed and embraced by industry leaders.”

When people ask whether the Energy Charter or The BFO are going to make a difference, they need to look to the longer term, rather than expecting immediate results. There needs to be a level of tolerance for mistakes and a willingness to allow time for correction.

While publicly holding themselves to a high standard, there are no quick fixes to culture change, and many of the problems that beset both sectors cannot be solved without political support and regulatory reform.

Coming back to the point about whether cynicism is a smart approach when it comes to assessing the motives of others, psychology has some pointers.

It is commonly believed that cynicism is a sign of intelligence, yet psychological research shows no such correlation. Instead, studies show that people who perform well in cognitive tasks are less cynical.

“ … holding a cynical worldview might represent an adaptive default strategy to avoid the potential costs of falling prey to others’ cunning,” say social psychologist Olga Stavrova of Tilburg University in the Netherlands and evolutionary psychologist Daniel Ehlebracht from the University of Cologne in Germany. Studies on the relationship between trust, health and finances find that thinking the worst tends to lead to worse results.

The psychologists cite US comedian Stephen Colbert, who told a university graduating class: “Cynicism masquerades as wisdom, but it is the farthest thing from it. Because cynics don’t learn anything. Because cynicism is a self-imposed blindness, a rejection of the world because we are afraid it will hurt us or disappoint us.”

Let’s hope the development of these voluntary initiatives that encourage self-reflection and accountability are met with a healthy scepticism, rather than a reflexive cynicism that seems to serve no-one.

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This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.


Ethics in Procurement: People reviewing documents on a table, discussing procurement strategies and ethical considerations.

Thought Leadership: Ethics in Procurement

Ethics in Procurement: People reviewing documents on a table, discussing procurement strategies and ethical considerations.

Ethics in Procurement

TYPE: GUIDEBOOK

CATEGORY: WORKPLACE ETHICS 

PUBLISHED: AUG 2019

Ethics in Procurement Report: The Ethics Alliance

Ethics in Procurement examines the ethical issues and tensions that arise in payment of suppliers, and provides a framework for ensuring fair transactions.

The Ethics Alliance is a corporate community, designed to share challenges and take a collaborative approach to finding solutions. At our inaugural gathering, an Alliance member called out the crippling impact late payments was having on his business. Through conversation, it became evident this was an issue shared by many members and unintentionally caused by others, and was a problem we wanted to help solve.

This guidebook came together after a series of interviews with members and a follow up roundtable discussion that explored both systemic and principle-based solutions. It examines some of the procurement-based issues identified through that process, looking at the causes of ethical tension and offering frameworks for each stage of the procurement process.

Formulated as a practical solution, the paper considers common challenges including:

  • Should companies have an open tender and invite all to bid, or save time and money by targeting known suppliers?
  • Should companies accept the cheapest complying bid, or pay more to a company that distributes a proportion of its profits to a good cause?
  • Should companies be transparent in their dealings with suppliers, or will this open them up to disputes?
  • Is it reasonable for companies to impose a significant administrative burden in the first round of a tender process by asking for information which is not directly relevant to the project in question?

Plus, it provides a framework to make payment processes fair, practical and ethical.

"Organisations that are buying goods or services can encounter many forks in the road, requiring decisions on how to respond. By viewing those questions through an ethical lens, we are more able to make decisions that align with the purpose, values, and principles that our organisations are committed to - and that we may hold as individuals."

WHAT'S INSIDE?

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Ensuring a fair transaction
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Looking after your suppliers
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Practical issues to be solved
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Reasons you might have a problem
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A practical framework
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An ethical framework

AUTHORS

Contributors

Writing and Research

Ben Robinson lead the writing and research for this report. He has worked in various roles at The Ethics Centre since 2016. Ben studied Philosophy and Political Economy at the University of Sydney, and is a Graduate Ethics and Sustainability Consultant at Deloitte.

Member contributions

The following Ethics Alliance members generously gave their time to talk to us about the procurement issues affecting their business: Shell Australia, Macquarie Bank, Clayton Utz, The Reserve Bank of Australia, Allianz, TrinityP3, The Business Council of Australia, AIA Australia and Insurance Australia Group (IAG).

A special thank you to Shell Australia who generously shared their market leading approach to procurement with The Ethics Alliance, providing the context and structure for the practical framework offered in this report.

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Everyday Ethics for Financial Advisers: Symbol over trees and modern buildings. Represents ethical financial decisions and responsibility.

EVERYDAY ETHICS FOR FINANCIAL ADVISERS

Financial adviser's lens focusing on ethical clarity. Hand holding lens reflecting lake and mountains, symbolizing clear vision in finance.

Everyday Ethics for Financial Advisers: A Guide for the Ethical Professional

TYPE: TEXT BOOK

CATEGORY: FINANCIAL SERVICES

PUBLISHED: MARCH 2020

Everyday Ethics for Financial Advisers

This practical guide for Australian financial advisers, offers ethical decision making frameworks and practice case studies based on the five values and 12 standards of the Code.

Every day, and in every client interaction, financial advisers face ethical decisions. In whose best interests are you operating in? Are you recommending the best investment for your client? Do you know enough about your client’s situation to be giving this advice?

Everyday Ethics for Financial Advisers has been written to help you comply with the FASEA Code of Ethics. It’s a practical guide for Australian financial advisers to put lessons into practice through the use of ethical decision making frameworks, and is supported by real case studies based on the five values and 12 standards of the Code.

The guide has been written for lecturers, students and current advisers. It’s designed to fulfil the curriculum requirements for FASEA’s Ethics and Professionalism Bridging Course and FASEA’s National Financial Planning Curriculum, to help readers obtain the necessary certifications required to operate as an adviser in the Australian market.

Everyday Ethics for Financial Advisers is accessible and easy to read. It offers practical ways to apply ethical frameworks to real-life scenarios. It’s a textbook intended to be a long term companion as you develop your ethical muscle throughout your career as a financial adviser.

On sale now through all major online book retailers.

"The ideal is for this emerging profession to have a common ethical foundation, enriched by a common understanding, informed by a common set of educational experiences. Our hope is that this new text will be widely embraced across the profession - for the good of society and the clients it serves."

DR SIMON LONGSTAFF

WHAT'S INSIDE?

White diamond frame on a gray background. Simple geometric shape, modern design element. Abstract diamond outline. Minimalist graphic.
The opportunities for an emerging profession
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What is ethics?
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Influences on decisions and behaviour
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The financial advice environment
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The Financial Planners and Advisers Code of Ethics 2019
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Ethical decision making frameworks
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Ethics in leadership and business practices
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Lecturer's supplement

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AUTHORS

Authors

Headshot of financial adviser with glasses. Everyday ethics for financial advisers concept. Professional in blue shirt and jacket.

Dr Simon Longstaff

Dr Simon Longstaff has been Executive Director of The Ethics Centre for 30 years, working across business, government and society. He has a PhD in philosophy from Cambridge University, is a Fellow of CPA Australia and of the Royal Society of NSW, and an Honorary Professor at ANU National Centre for Indigenous Studies. Simon was made an Officer of the Order of Australia (AO) in 2013.

Smiling woman in black shirt. Financial adviser profile image. Everyday ethics for financial advisers concept. Professional headshot.

Dr Katherine Hunt

Dr Katherine Hunt is a researcher and lecturer at Griffith University. She has worked as a financial adviser for five years and combines this with her education in Psychology, Finance, Law and Economics to design and implement curriculums which deliver the greatest possible impact. Katherine holds the following qualifications; BPsychSc, B Comm (Financial Planning), Honours in Finance (University Medal), PhD, JP (Qualified).

Portrait of a thoughtful woman. Everyday ethics for financial advisers concept. Professional financial planning and advice.

Carloyn Tate

Carolyn Tate spent her first 20 years of working life in the banking industry and the last 18 years as a freelance writer, educator and consultant. She’s written four business books and one travel memoir, Unstuck in Provence. She’s a founding member of Conscious Capitalism and her company is a Certified B Corporation. Carolyn specialises in researching and writing on subjects that will improve human and planetary conditions such as purpose, leadership, ethics and gender equality.

Everyday Ethics for Financial Advisers is on sale now.

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Business Roundtable statement on accountability: Man writing on whiteboard in modern office with long table and chairs. Brainstorming session.

Accountability the missing piece in Business Roundtable statement

A Business Roundtable meeting room. Person writing on whiteboard, long table with chairs for accountability, and artwork on the wall.

Over the past few weeks a lot has been written about the “Statement on the Purpose of a Corporation” issued by the Business Roundtable in the United States.

The Business Roundtable, an association of chief executive officers from America’s leading companies, has shifted its position on who a corporation principally serves.

The original statement, published in 1997, suggested that companies exist to serve its shareholders. The new statement, signed by 163 chief executive officers, states that “While each of our individual companies serves its own corporate purpose, we share a fundamental commitment to all of our stakeholders.”

This “stakeholder approach” to corporate responsibility is not in itself ground-breaking. Nor is it a recent invention. In Johnson and Johnson’s corporate credo developed in 1943, the company lists patients, doctors and nurses as its primary stakeholders, followed by employees, customers, communities and finally shareholders.

Indeed, the shift to a stakeholder approach may not be as profound in practice as some have suggested. Even the Business Roundtable have said that the previous statement “does not accurately describe the ways in which we and our fellow CEOs endeavour every day to create value for all our stakeholders, whose long-term interests are inseparable.”

Given this, it is possible that chief executive officers only support the stakeholder approach to the extent that it benefits both themselves and the shareholder. And we should not necessarily decry this. Adam Smith, sometimes referred to as the “father of economics”, argued that individual self-interest can produce optimal outcomes, the source of his so-called “invisible hand”.

Even Milton Friedman, the much-maligned University of Chicago economist who is often held out as being the most vocal advocate for shareholder primacy, was not ignorant to the possibility that looking after the needs of stakeholders is not necessarily at odds with generating superior returns for shareholders in the long run. Famously, Friedman wrote:

“It may well be in the long-run interest of a corporation that is a major employer in a small community to devote resources to providing amenities to that community or to improving its government. That may make it easier to attract desirable employees, it may reduce the wage bill or lessen losses from pilferage and sabotage or have other worthwhile effects.”

However, as committed as the Business Roundtable might be, circumstances will prevail that are not supportive of the stakeholder approach. Uncompetitive markets result in companies benefiting at the expense of consumers. Seemingly sensible incentive schemes can drive perverse outcomes. And a company’s products, despite being highly valued by its customers, can have broader, deleterious consequences (fossil fuel companies producing carbon dioxide, social media companies empowering covert actors, and technology companies producing “e-waste” are three examples of the latter).

The signatories to the revamped Statement on the Purpose of a Corporation would have you believe that they can be trusted to manage these types of scenarios. We should be cautious taking them at their word. History shows that even well-intentioned chief executives find it extraordinarily difficult to drive the required change in a system where the incentives endorse the status quo. And in some cases, regardless of how hard they might try, they do not have the ability to do so. The most lucid corporate purpose statement won’t save us here.

It is therefore noteworthy that the Business Roundtable has omitted the idea of accountability from its statement. If chief executive officers are serious about serving all stakeholders, how will they be held accountable?

Milton Friedman also had something to say about this. He believed that corporations should conform “to the basic rules of society, both those embodied in law and those embodied in ethical custom.” But more importantly, as laissez faire as he was, he acknowledged that there was a role for government to “enforce compliance” and hold those who don’t “play the game” accountable.

Arguably this is the most important piece of the puzzle. Strong public institutions that develop good policy and hold corporations accountable. It is also the piece that is currently missing.

The recent financial services Royal Commission was a demonstration of what can happen when boundaries are established but not enforced. In a recent speech delivered by Commissioner Kenneth Hayne, he asked us to “grapple closely” with what the seemingly endless calls for Royal Commissions in Australia “are telling us about the state of our democratic institutions.”

But more relevant to this essay, Commissioner Hayne also provided his view on purpose statements and industry codes in the Royal Commission’s final report. He labelled them as mere “public relations puffs”, proposing that the only way they can be effective is by making them enforceable:

“If industry codes are to be more than public relations puffs, the promises made must be made seriously. If they are made seriously (and those bound by the codes say that they are), the promises that are set out in the code … must be kept. This must entail that the promises can be enforced by those to whom the promises are made.”

To be sure, the stance taken by the Business Roundtable should be applauded. Their intentions are without question noble. But more powerful would be a description of how they are going to hold themselves accountable to the statement and create the conditions that deliver value for all their stakeholders over the long-term.

Of course, this exercise would reveal the costs (financial and otherwise) that are associated with being genuinely committed to positive outcomes for all stakeholders. For some chief executive officers, the price would be too high. And because, like all of us, chief executives have their limits, so too does self-regulation.