FORCE MAJEURE

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By ellymelly – If you enjoy my work, consider shouting me a coffee over on Ko-Fi


 

Australia’s retail industry is dying. It is standing on the stage, hands tied behind its back wearing a hood as it listens to the baying crowd. The executioner’s footsteps circle behind. Right when the show is about to start, the government sends the crowds home. Silence swells through empty streets. There is a whistle of metal. A sickening ‘thud’ as the first head drops down into a waiting basket. Without witness, the blade falls again and again and again as businesses line up. Their misery snakes around the block.

Fashion retail is my life. Our family began writing software and payroll systems for the shoe industry in the early 70s when computers were barely lifting themselves out of the evolutionary swamp. Over the decades we have been stolen from by names you’d recognise, seen companies rise and fall, lost it all with Keating and resurrected in time to watch the whole ecosystem shudder and convulse as it attempted to negotiate the influx of foreign competitors. These retail businesses are not emotionless monoliths devoid of soul – they are collections of families with bosses that sleep on packing room floors forced to beg and borrow to get off the ground while working long hours without pay because that’s what it takes to own a company.

I was being folded into the life’s work of ghosts, growing up surrounded by the innards of computers and warehouses full of shoes. Through my twenties, I worked from the ground up, crossing the business from invoicing to stock management before delving into the world programme design where I built pick-pack webstores from scratch and automated the nightmare of Australia’s Award-based payroll. I’ve spent years in online fraud, helped to crack international credit card scams originating in China and survived the hell of the NBN’s messy birth all while integrating systems with the biggest boys in town. I know what makes a margin work and which stresses were being placed on the retail industry before the Corona-crisis.

One of these is the ongoing battle between shops and corporate lease holders, particularly Westfield.

So far, none of the commentators on TV or MPs drafting rescue packages guessed that unaffiliated retail chains would team up and move as a group against Westfield, defying expectation. Anyone in the industry could have told those pretending to be in charge that this would happen considering the exact same thing transpired when the idea of closing Boxing Day trade in Pitt Street was floated or the numerous times Westfield tried to enforce unworkable compulsory sale events.

In emergencies, retailers pick up the phone to each other and, despite being market competitors, school together like fish to pressure their collective foe – and so they should. The government has done nothing but tear pieces off Australian retail for years, opening the gates to foreign competitors with cash hand outs, tax breaks and relaxed regulations that infuriated local business. Have no doubt, when facing off against the retail industry, politicians are starting from a position of resentment and distrust.

When retailers hear Fairwork tell them that ‘a downturn in trade is not an excuse to stand down staff’ they calmly try to explain that all their customers were ordered to stay at home by the Prime Minister. So, although they were not ‘technically’ forced to shut down trade – they bloody well were.

When the government hosts smug press conferences explaining that, ‘landlords and tenants will just have to work something out’ and that ‘medium sized businesses should have enough capital in reserve to wear the cost’ they throw up their hands in fury.

For the MPs and commentators who do not yet understand, here is how the three second discussion between retailers and their landlords goes: “I have no money. Me neither. Right. So…? Glad we sorted that out.”

Allow me to put this in perspective with an average retail business.

A 500 shop retail company has closed every shop except for a webstore which is suffering a 70% downturn in trade. Webstores notoriously make the worst margin in a retail business (for a variety of reasons) and operate as little more than glorified marketing exercises. The company still has a full payroll of staff that Fairwork requires them to roster onto their normal contracted hours for empty shops or sack them and pay out their entitlements. The latter presents a major expense that dramatically shortens a business’s survival time during this ‘hibernation’. Regardless of what they do with their staff, those 500 leases, which were so expensive shops used to rely on Easter and Christmas periods to afford, are not bringing in any money. In addition, all the usual phone/internet/terminal/licence bills are piling up.

How does the government expect this to work?

The inevitable happens – retailers refuse to pay their rents to avoid immediate liquidation.

Hilarious ideas of deferring these missing payments to a later date are never going to materialise because even at trading peaks, no one made enough extra money to fork out for four missing months of revenue (seriously, what were the government thinking?) and that leaves places like Westfield with no prospect of recovering that income. Landlords now have two choices; take legal action against their retailers or lean on the banks. The banks have not got very far to give because they are tied to foreign markets and if Westfield goes after the retailers for bankruptcy there will be no one left to fill the empty shops. Remember, this is not just about a group of rebellious retailers – it is the entire retail market.

Now, if the market had been left to run as normal then it would be a scene of violent evolution with opportunity to capitalise or face extinction but the moment the government waded in and took supreme control of the market they turned the entire mess into their responsibility because they have robbed individuals of their ability to adapt.

To put it very simply, if the government does not fund retail for their employees and rent there will be an unimaginably huge die-off of Australian business. Only the largest mega-corporates and international players will survive which is a cultural catastrophe, not to mention a political reckoning once the debt settles with the dust. We are casually discussing the annihilation of an industry that employs hundreds of thousands of Australians and supports pilot businesses (like mine). Software. Banking. Suppliers. Shop fitters. Fixtures. Marketing. Designers. Cafes. Hardware. Drivers. These are all immediate casualties.

Now let’s talk about the convoluted mess-of-an-idea that Christian Porter and others have drafted to deal with employers holding onto staff.

This frustrates me the most because its solution is easy. If the idea is to put business into a form of hibernation then you have to maintain as much normalcy as possible with an even hand. The very last thing you do is pick winners and losers and risk adding jealousy into the mix. We know two crucial things. The first is that saving both lives and the economy will be expensive and second, we are starting with an economy on the edge. It goes without saying that government systems are a total mess so the best course of action is to use as many existing Award structures and interactions as possible.

The government never writes in sentences, they do things by the page so the less they try to do, the better.

A clean solution is to offer a six week Corona Virus Leave entitlement, at the discretion of the employer, to be paid at the base Award rate as per an employee’s contract. If a person is still working, they do not use this leave. If a person cannot work, they start deducting from this leave as if it were Annual Leave except the company back-bills it to the government like Maternity Leave. This works for salary, full time and permanent part timers who are already set up to use normal leave.

Easy to keep track of. Easy to audit against timesheets. Easy to work into existing pay systems and crucially, people are getting close to a normal wage.

Why does that matter? Well, if people are receiving a regular cash flow they can keep their commitments to leases and mortgages, completely avoiding the major private banking problem now facing the government. This has the added benefit of taking stress off banks from saving the private sector so they have more flexibility to assist the government in bailing out corporate. Ah, but what about casuals? The fairest thing to do with a casual is average their last month of employment and deduct those hours from the Corona Virus Leave at their base rate – not the casual rate.

If a solution similar to this had been in partnership with the corporate leasing bailout there would have been almost no added pressure on Centrelink, reducing queues forming inside the heart of a pandemic. By in large, those left at Centrelink would be people already in unsecured work who are more likely to be re-employed in a stable job market at the end of the lockdown instead of high paid, difficult to re-employ breadwinners whose jobs have been rubbished.

Yes, this sort of thing might cost more up front but not compared with destroying swathes of Australian business setting millions of workers onto a decade of unemployment benefits not to mention the cut to tax revenue that the government will suffer if those businesses and employees are now on the public purse. This is before we touch on the loss of trust between individuals and their government. Who would risk being a private business owner knowing that the government could kill your life’s work overnight? Those crazy enough to try have all been wiped out and are gun-shy. Many will never work again.

Economies are chaos systems underpinned by humans who act on risk and emotion. I am unconvinced that you can hibernate an economy without killing it but if you want to attempt the impossible and send Australia into a holding pattern we must treat it like a complex machine. Revenue has to be fed in through natural points where business acts as our fuel tank. By focusing on paying the two biggest expenses of business, money flows down to their employees and up through to landlords and banks. With this in place, negotiations on stock sitting unsold in warehouses and shelves can be reached.

Don’t misunderstand me, the businesses are badly wounded and bleeding but they haven’t been lopped off at the neck. Instead of multiplying problems, you have reduced their complexity to a single point that is easier to track and cost while preserving the rest of the economy which will drag itself along the ground bloody but not broken. Instead, we are watching MPs hurl ill-conceived junk at the whirring blades of industry which are getting stuck and causing vital components to catch fire. Very soon, it’ll explode.

When we desperately need even-handed simplicity, we are being offered favouritism and complexity. The result is inevitable. All you need to do is listen to those standing on the scaffold but the government doesn’t ask the opinion of small business owners. It tells them to ‘sort out’ what they cannot change, like a victim of injustice pleading for their life to an empty square.

Of course, we must not forget that China is the executioner but the sword was sharpened by the Australian government and we sat there in silence and watched.

HEAVY BREATHING

This article is published in the Penthouse AU…

Regardless of risk, contrarians are a constant quirk of human evolution, hard-coded to buck against oppressive systems. These are the men and women who see the world for what it is. Stripped bare of virtue. Devoid of manners. Dethroned from privilege.

Slam the cage door shut and they’ll bewitch the sun.

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THE TYRANNY OF HASHTAGS

This article is published in the Penthouse AU…

Censorship does not begin and end with a roll of duct-tape. There are many paths that converge on its hills, entering the silent city via dusty tracks, highways and stormwater channels all lined with deluge from previous authoritarian states. Freedom comes under siege the moment these roads stop being a curiosity of political tourism and are instead trampled by a Social Media hoard.

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THE PROMISE OF INDIA

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Pacts of non-interference. They sound benign. Innocuous. Courteous, even. But when the signatories are rising nations and tyrannous global villains, these agreements to keep one’s nose out of other people’s skirmishes presents Australia with a serious dilemma.

We know China’s Xi Jinping is a problem.

Anyone with half an ounce of sense has clocked a textbook nightmare brewing around the man Western businesses originally held as a figure of promise. The self declared Leninist heads a personality cult which demands worship of his personal thoughts to the exclusion of all other philosophy and religion. He has legislated dogmatic ethno-nationalism, interfered in foreign sovereign politics, and subjected the Chinese to a Social Credit System that denies basic rights to those who tremble under the weight of a paranoid State.

If you are able to coax an Australian politician into admitting that China treats international law like pirate code, they are quick to dig a trump card from their wallet. No, I don’t mean the actual Trump… Push an MP far enough with uncomfortable questions and they’ll cough up the promise of India.

India and its 1.3 billion souls weigh the world’s scales against China’s 1.4 billion. To the West, this pair represent metaphoric baskets where we have started confiscating eggs from Xi Jinping and offering them to Narendra Modi for safe keeping. There are lots of sensible reasons to do this. India is a constitutional republic albeit a complex one dragging broken limbs and leaking wounds. Its bones comprise majestic Silk Road civilisations, Islamic conquest and the democratic influence of British rule. It has been torn to shreds and rebuilt a hundred times while religious forces muddle borders and exert force on the remaining pieces that cannot decide if they want to conquer, cohabit or collapse. Those who lead this lumbering entity must keep an eye on hostile neighbours, including those who play it fast and loose with threats of nuclear war.

Australian MPs are hopeful about India because we share an aspiration to survive as independent, prosperous nations. We have fought together and maintain shadows of family bonds via the Commonwealth. As natural friends, India has plenty of future consumers desperate to lift themselves out of poverty with our resources despite shrieks from eco-socialist agitators.

During this flourishing trade love-in, Australia’s leaders have made an assumption and upon that unfounded assumption, they now wager our lives. It is taken for granted that India will rush to our military rescue if things go South with China. Dreams of India’s warships sailing out bow-to-stern with Australia’s military buoys Canberra morale. Unfortunately, we must assess countries based upon what they actually do, not what we hope they might do.

Dictatorships reduce the complexity of a nation to the persuasions of one man. To understand China, you unpick Xi Jinping but India is a democracy with elections and political parties under constant threat from the rise and fall of India’s social classes. It is essential to properly examine what they want out of the world and who is best placed to deliver it.

Given this, Australia’s next question should be, ‘Why did India join the Shanghai Cooperation (SCO)?’ considering it contains India’s natural adversaries and reads like a club of aspirational authoritarians.

A descendant of the Shanghai Five (China, Russia, Kazakhstan, Kyrgyzstan and Tajikistan), it later expanded to include Uzbekistan, India and Pakistan. These are not best friends but rather countries who are prepared to shake hands to keep the West out of their internal affairs. What is often forgotten in this suspiciously quiet alliance is that it represents half of Earth’s population, a quarter of GDP and 80% of the Eurasian continent. With countries like Iran, Turkey and Saudi Arabia waiting in the wings, its influence is set to grow.

Around its heart revolve two ideas: preservation of sovereignty and pacts of non-interference in domestic affairs, especially in defiance of humanitarian complaint. This is a shame for the Uighurs left to rot in Chinese concentration camps, but aside from the niggle of mass human rights violations, why does the West care? Here we come to the reality of non-interference…

If China decides to park warships in our ports – India will not interfere.

If China calls in debts on Belts and Road contracts – India will not interfere.

If China blocks fuel supply ships navigating through the South China Sea – India will not interfere.

Under pressure, India may even be convinced to punish us financially, taking the romance out of our alliance. So while embracing commercial interests, we must reflect with perfect clarity on the military powers at play. Friends and enemies are not the only consideration, as it is those who choose to remain silent who ultimately unlock the gates to global power.

Hong Kong inadvertently tested these waters. While millions begged the West for help, the Secretary-General of the SCO Vladimir Norov issued a statement that, ‘SCO member states oppose external forces interfering in Hong Kong affairs.’

In addition to sitting on their hands when it comes to each other, together they practice military cooperation to ‘use force or threat of force without the UN Security Council’s approval against countries or groups which seek to monopolise global or regional affairs out of selfish interests.’ Hong Kong’s woes are of particular interest considering Thomas Ambrosio’s warnings that the SCO is an attempt to ensure that liberal democracies never take root in Asia.

India’s participation has been the subject of intense speculation. Through superficial Western eyes, it is a perplexing anomaly but consider, what does India actually want? Sure, it has engaged itself in proxy wars with China but it always stops short, fearful of other nations emboldening Pakistan. Besides, India has much to gain from China’s efforts to secure trade routes via Iran and the SCO’s parallel banking system promises to free Asia from the US dollar.

We must consider that India has determined a world co-run by China and Russia may, on paper at least, better suit its aspirations. Whether India comes to our rescue will depend on their risk assessment of China as king.

I suspect our cry for help will be left to ring out.


By ellymelly – If you enjoy my work, consider shouting me a coffee over on Ko-Fi.

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