Corporate crime is far too common

If we’re to believe what we see in the media, we’re being engulfed by a corporate crime wave. An outbreak of business lawlessness that engages in “wage theft”, mistreatment of franchisees, abuse of workers on temporary visas, and much else.

But should we believe it? Regrettably, my years as a journalist have taught me not to believe everything I read in the paper (this august organ excepted, naturally).

News gathering is a process of what when I was an accountant I would have called “exception reporting”. That’s because people find the exceptions more interesting than the ordinary, everyday occurrences.

When the exceptions pile up, however, the risk is that they’re taken by readers to be representative of the wider reality.

So, in the case of businesses behaving badly, how exceptional are the exceptions? The answer from Rod Sims, chairman of the Australian Competition and Consumer Commission, in a speech he gave last Friday night, is not as exceptional as you’d hope.

To prove his point, Sims offered an extraordinary list of the commission’s enforcement activity, just in the month of April this year.

Ford was ordered to pay $10 million in penalties after it admitted that it had engaged in unconscionable conduct in the way it dealt with complaints about PowerShift transmission cars, sometimes telling customers that shuddering was the result of the customer’s driving style despite knowing the problems with these cars.

Telstra was ordered to pay penalties of $10 million in relation to its third-party billing service known as “premium direct billing” under which it exposed thousands of its own mobile phone customers to unauthorised charges.

Thermomix paid penalties of more than $4.5 million for making false or misleading representations to certain customers through its silence about a safety issue affecting one of its products which the company knew about from a point in time.

Flight Centre was ordered to pay $12.5 million in penalties for attempting to induce three international airlines to enter into price-fixing agreements.

K-Line, a Japanese shipping company, pleaded guilty to criminal cartel conduct concerning the international shipping of cars, trucks and busses to Australia.

Woolworths had proceedings instituted against it alleging that the environmental representations made about some of its Homebrand picnic products were false, misleading and deceptive.

Phew. Surely that was an exceptional month. But Sims has more cases to list.

Earlier this year, the Federal Court found that the food manufacturer Heinz had made misleading claims that its Little Kids Shredz products were beneficial for young children, when they contained about two-thirds sugar.

Who could forget the case of four Nurofen specific pain products? Their packaging claimed that each was specifically formulated to treat a particular type of pain when, in fact, each product contained the same active ingredient and was no more effective at treating that type of pain than any of the others. “The key difference was that the specific pain products were near double the price of the standard Nurofen product,” Sims says.

Hotel giant Meriton was caught taking deliberate steps to prevent guests it suspected would give an unfavourable review from receiving TripAdvisor’s “review express” prompt email, including by inserting additional letters into guests’ email addresses.

The court found this to be a deliberate strategy by Meriton to minimise the number of negative reviews its guests posted on TripAdvisor.

Optus Internet recently admitted to making misleading representations to about 14,000 customers about their transition to the national broadband network, including stating that their services would be disconnected if they didn’t move to the NBN, when under its contracts it could not force disconnection within the timeframe claimed.

Pental has admitted that it made misleading claims about its White King “flushable” cleaning wipes, saying they would disintegrate in the sewerage system when flushed, just like toilet paper, when our wastewater authorities are having big problems because the wipes can cause blockages in their systems.

Shocking. But, you may object, isn’t this just more anecdotes? How representative are they? Sims acknowledges that not all companies behave poorly.

He says that “poor behaviour usually occurs on a spectrum, with few companies behaving badly often, but rather many engaging in occasional significant instances of bad behaviour” – which, he insists, remains unacceptable.

So what can the commission and the government do to reduce the incidence of unacceptable behaviour?

Since businesses commit these excesses in their completely legitimate pursuit of higher profits, the key is to increase the cost to them of bad behaviour.

Many firms invest heavily in their brand reputation, which is a signal that they can be trusted. “The greater the likelihood that bad behaviour will be exposed and made public [see above], the more companies will do to guard against such behaviours.”

In their amoral, dollar-obsessed way, economists assess the attractions of law breaking by weighing the benefit to be gained against the cost of being caught multiplied by the probability of being caught.

Leaving aside the cost of reputational damage (just ask AMP if it knows about that), if you can’t do as much as you should to increase the chance of being caught, you should at least wack up the fines.

Sims says that “the penalties for misconduct, given the likelihood of detection, are comparatively weak”. He believes he’s had some success in persuading the Turnbull government to increase them.

“Just imagine if the penalties I mentioned [see above] were 10 to 20 times higher,” he concludes.

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Bank inquiry will change the course of politics and policy

The misbehaviour by banks and other big financial players revealed by the royal commission is so extensive and so shocking it’s likely to do lasting damage to the public credibility and political influence of the whole of big business and its lobby groups.

That’s particularly likely should the Coalition lose the looming federal election. If it does, that will have been for many reasons. But it’s a safe bet that pollies on both sides will attribute much of the blame to the weeks of appalling revelations by the commission.

With Labor busy reminding voters of how much effort during its time in office the Coalition spent trying to water down the consumer protections in Julia Gillard’s Future of Financial Advice legislation and then staving off a royal commission – while forgetting to mention the tough bank tax in last year’s budget – the Coalition will surely be regretting the closeness of their relationship.

Some Liberals may see themselves as having been used by the banks, notwithstanding the latter’s generous donations to party coffers. So, even if the Coalition retains office, it’s likely to be a lot more reluctant to be seen as a protector of big business.

A new Labor government is likely to be a lot less inhibited in adding to the regulation of business, and tightening the policing of that regulation, than it was in earlier times.

Should Malcolm Turnbull succeed in getting the big-company tax cut through the Senate, an incoming Labor is likely to reverse it (just as Tony Abbott didn’t hesitate to abolish Labor’s carbon tax and mining tax).

Many punters are convinced both sides of politics have been bought by big business, leaving the little guy with no hope of getting a fair shake from governments.

But that view’s likely to recede as both sides see the downside as well as the upside of keeping in with generous donors. This may be the best hope we’ll see of both sides agreeing to curb the election-funding arms race.

I’m expecting more customers for my argument that, in a democracy, the pollies care most about votes, not money. If they can use donations to buy advertising that attracts votes, fine. But when their association with donors starts to cost them votes, they re-do their calculus.

The abuse of union power during the 1960s and ‘70s – when daily life was regularly disrupted by strikes, and having to walk to work was all too common – left a distaste in voters’ mouths that lingered for decades after strike activity fell to negligible levels.

This gave the Libs a powerful stick to beat over Labor’s head. Linking Labor with the unions was always a vote winner. Every incoming Coalition government – Fraser, Howard, Abbott – has established royal commissions into union misbehaviour in the hope of smearing Labor.

But the anti-union card has lost much of its power as the era of union disruption recedes into history. The concerted efforts to discredit Julia Gillard didn’t amount to much electorally, nor this government’s attempt to bring down Bill Shorten.

From here on, however, the boot will be on the other foot. It’s big business that’s on the nose – being seen to have abused its power – and it is being linked with big business that’s now likely to cost votes.

All this change in the political and policy ground rules just from one royal commission, which may or may not lead to prosecutions of bank wrongdoers?

No, not just that. This inquiry’s revelations come on top of the banks’ longstanding unpopularity with the public and the long stream of highly publicised banking misbehaviour running back a decade to the aftermath of the global financial crisis.

And the bad story for banks, fund managers and investment advisers piles on top of continuing sagas over the mistreatment of franchisees and a seeming epidemic of illegal underpayment of wages to young people and those on temporary visas.

That’s not to mention the way fly-by-operators rorted the Vocational Education and Training experiment, ripping off taxpayers and naive young people alike, nor the mysterious way the profits of the three companies dominating the national electricity market at every level have blossomed at the same time retail electricity prices have doubled.

Times have become a lot more hostile for business, and only a Pollyanna would expect them to start getting better rather continue getting worse. Should weak wage growth continue, that will be another factor contributing to voter disaffection.

Why has even the Turnbull government slapped a big new tax on the banks, tried to dictate to the private owner of Liddell power station and now, we’re told, plans to greatly increase the petroleum and gas resource rent tax?

Take a wild guess.

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Sensible communities set boundaries for business

A highlight of our trip to New York after Christmas was a visit to the Tenement Museum down on the lower east side, where the movie Gangs of New York was set. It was the area where successive waves of Irish, German and Russian immigrants first settled, crowded into tenements.

We were taken around the corner to see inside a tenement building restored to its original condition.

As we climbed the back stairs, we were shown a row of dunnies and a water tap in the backyard. This, we were told, was one of the first tenements required to have outside toilets and running water under a new city ordinance.

Can you imagine any developer today thinking they could get away with building multi-storey units without adequate (indoor) toilets and plumbing? Unthinkable.

But I can imagine the fuss the developers of that time would have made when the city government – no doubt acting under pressure from citizens worried about the spread of disease – was passing the new ordinance.

These excessively luxurious requirements would be hugely expensive and could send some tenement owners bankrupt – owners who had families and elderly parents to support. The additional cost would have to be passed on to tenants, of course, making rents prohibitive. Some families would be forced onto the street.

I bet few of those dire predictions came to pass. Why? Because business people still play this game and once the bitterly opposed legislation goes through and the new status quo is accepted, the exaggerated forebodings are soon forgotten.

Another highlight was a tour of Carnegie Hall. Once, when it fell on hard times, someone acquired it with a view to tearing it down and building high-rise apartments. A public outcry stopped it.

Then, our guide reminded us, there was the time Jacqueline Kennedy Onassis led the fight to stop Grand Central Station being replaced by an office block.

It reminded me of how that ratbag commo Jack Mundey – being quietly urged on by respectable National Trust-types – was frustrating go-ahead developers all over Sydney.

Just think how better off we’d be today had those those pillars of industry not been prevented from doing away with the crumbling old Queen Victoria Building – with its verdigris domes and rickety lifts – and building a shiny new office block.

Gosh, by now we’d be ready to tear it down and build a taller one. And just think how many jobs that would create.

Do you see where this travelogue is heading? I’m an unfailing believer in the capitalist system. We’d all be much poorer than we are were it not for those ambitious, hard-working, enterprising, optimistic souls who set out to make themselves rich by engaging in some business.

But that doesn’t stop them being thoroughly self-interested and often short-sighted. Whatever new project it is they’ve decided will make them more money, they want to get started yesterday and get terribly angry with those who won’t step out of their way and let them get on with it.

My point is, it was ever thus. Market economies work best – and all the people within them do best – when governments act on behalf of the community in setting boundaries within which entrepreneurs are free to be entrepreneurial.

It’s the community’s economy, and it’s the community that decides the rules that ensure businesses make their profits – good luck to them – in ways that do more good than harm to the rest of us.

The huge hurt and cost of the global financial crisis – from which the world is still recovering, 10 years later – is but the latest reminder of something we should have known: how easily an economy can run off the track when we fall for the line that self-interested, short-sighted business people should be free to do as they please.

I remind you of all this because we’re just emerging from a period of more than 30 years in which the Western world flirted with the notion that economies work best when businesses are given as free a hand as possible.

The present royal commission into the misbehaviour of the banks is just one response to the consequences of that ill-considered notion.

You have to be at least in your 50s to remember the world as it was before then, when governments felt free to limit businesses’ freedom of action in respects they judged necessary and to impose obligations on them.

Where do you think the minimum wage, four weeks annual leave, long service leave, sick leave and many other employee benefits came from? Governments decided to impose them on business so as to ensure workers got their share of the benefits of capitalism.

Many of our young people are deeply pessimistic about the working world they’re inheriting – the “gig economy” where most employment is “precarious” – because they’ve grown up in a world where businesses seemed to be free to do whatever suited them.

They think the gig economy would be a terrible world to live in. They’re right, it would. Which is why I’m sure it won’t be allowed to happen. Governments will stop it happening.

Why will they? Because workers have infinitely more votes than business people do. In the end, the economy is moulded to serve the interests of the many, not the few. Governments keep getting thrown out until they get that message.

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Who's ripping it off? Competition theory and reality

Puzzling over the rich economies' poor productivity improvement and weak wage growth (but healthy profits), American economists are pointing the finger at reduced competition between firms. But can this explain Australia's similar story?

Jim Minifie, of the Grattan Institute, set out to answer this in his report, Competition in Australia.

Economists regard strong competition between businesses as essential to ensuring market economies function well, to the benefit of consumers and workers.

Competition is what economic theory says stops us being ripped off by the capitalists. Firms that overcharge for their products lose business to firms that undercut them.

So competition pushes prices down towards costs (which economists – but not accountants – define as including the "cost of capital", or "normal profit", the minimum rate of profit needed to induce firms to stay in the market).

Competition helps ensure that economic resources - land, labour and (physical) capital – move to the uses most valued by consumers.

Competition also encourages firms to come up with new or better products – or less costly ways of producing a product – in the hope of higher profits. But those that succeed in this soon find their competitors copying their ideas, and bidding down the price to get a bigger slice of the action.

The innovations improve the economy's productivity (output per unit of input), but competition soon takes away the higher profits, delivering them into the hands of consumers, who often get better products for lower prices.

That's the theory. Question is, to what extent does it hold in practice? And does it hold less in recent years than it used to?

The simple theory assumes any market has a large number of sellers, each too small to be able to influence the market price. In practice, however, many of our markets are dominated by two, three or four big firms.

Why? Mainly because of the presence of economies of scale. It's very common that the more you produce of something – up to a point – the less each unit costs.

So, it makes great sense to have a small number of big firms doing much of the production – provided competition ensures most of the cost saving is passed on to customers in lower prices. Which, as a general rule, it has been over the decades.

Trouble is, big firms do have some degree of control over prices. And it's common for the few big firms in an industry to come to an unspoken agreement to compete using advertising or product differentiation, but not price.

Firms can increase their pricing power by taking over their competitors to get a bigger share of the market. It's the role of "competition policy" – run in our case by the Australian Competition and Consumer Commission – to prevent overt collusion between firms, and takeovers intended to increase market power. But how well is that working?

"Natural monopolies" – where it simply wouldn't make economic sense for more than one firm to serve a particular market, such as rival sets of power lines running down a street, or two service stations in a small town - are another common departure from the theoretical model.

So, what did Minifie find in his study of competition in practice? He found evidence it had lessened in the United States, but not here.

He found plenty of markets where a few firms did most of the business. But "the market shares of large firms in concentrated sectors are not much higher in Australia than in other countries [of comparable size], and they have not grown much lately," he says.

Nor have their revenues (sales) grown faster than gross domestic product. The profitability of firms – profits relative to funds invested - hasn't risen much since 2000.

Minifie identifies eight industries characterised by natural monopoly (in descending order of size): electricity transmission and distribution, wired telecom, rail freight, airports, toll roads, water transport terminals, ports and pipelines.

Then there are nine industries where large economies of scale mean they're dominated by a few firms: supermarkets, wireless telecom, domestic airlines, then (of roughly equal size) internet service providers, pathology services, newspapers, petrol retailing, liquor retailing and diagnostic imaging.

Next are eight industries subject to heavy regulation by government: banks, residential aged care, general insurance, life insurance, taxis, pharmacies, health insurance and casinos.

(Often, these industries are heavily regulated for sound public policy reasons, but the regulation often acts as a barrier to new firms entering the market, thus allowing them to be dominated by a few firms.)

But note this: by Minifie's calculations, natural monopolies account for only about 3 per cent of "gross value added" (a variant of GDP), while high scale-economies industries account for 5 per cent and heavily regulated industries for 7 per cent.

So that means the parts of the economy where "barriers to entry" limit competitive pressure make up about 15 per cent of the economy. Then there are 29 industries with low barriers to entry making up the rest of the "non-tradables" private sector, and about half the whole economy.

That leaves the tradables sector (export and import-competing industries) accounting for 14 per cent of the economy and the public sector making up the last 20 per cent.

Even so, Minifie confirms that, in industries dominated by a few firms, many firms make "super-normal" profits – those in excess of what's needed to keep them in the industry.

By his estimates, up to half the total profits in the supermarket industry are super-normal. In banking it's about 17 per cent.

Other companies and sectors with substantial super profits include Telstra, some big-city airports, liquor retailers, internet service providers, sports betting agencies and private health insurers.

Comparing this last list with the lists of natural monopolies and heavily regulated industries suggests governments could be doing a much better job of ensuring the regulators haven't been captured by the companies being regulated.

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Good could come from bank royal commission

The banks and other opponents of a royal commission into banking told us it would generate a lot of noise and expense without achieving anything of value. They'll probably still be claiming that when the just-announced inquiry has reported.

Well, maybe. By contrast, I think there's a good chance the commission's establishment will be seen as the most visible marker of the time when the two sides of politics turned their backs on the era of bizonomics – the doctrine that what's good for big business is good for the economy and the punters who make it up.

The litany of misconduct by the big four banks – the unscrupulous investment advice given, the mistreatment of people with legitimate life insurance claims, the charges that the bank-bill swap rate was being rigged, and allegations of extensive use of bank facilities for money laundering – has driven the public's growing insistence that the banks be brought to account.

This week Rod Sims, boss of the Australian Competition and Consumer Commission, confirmed what all of us know, that competition in banking is weak ("not vigorous") leaving the big four with great ability to protect their excessive profits by passing costs on to their customers ("the large banks each have considerable market power").

The arguments of the banks and the Turnbull government that an inquiry must be avoided because it would shake confidence in the integrity and strength of our financial system – including in offshore markets – were just as weak then as they are now when used by the banks and the government to justify holding an inquiry to end the "political uncertainty".

The plain truth is that a rebellion by its own backbenchers has robbed the government of its ability to stop an inquiry going ahead.

This is the best explanation for the banks' sudden reversal from opposing an inquiry to claiming one is now "imperative". Since the revolt makes one inevitable, they'd prefer its establishment to be controlled by their Liberal defenders, not their Nationals, Greens and Labor critics.

They say a smart prime minister never commissions a report unless he knows what it will find and recommend. But that's easier imagined than achieved.

Were the commission's report to be judged by voters as a whitewash, with no significant consequences, this would simply ensure the bad behaviour of the banks remained a hot issue favouring the government's opponents at the next election.

What's just as likely is that royal commissioner Kenneth Hayne will interpret his terms of reference as he sees fit and, in any event, uncover a lot more instances of misconduct.

Broadening the inquiry's scope to cover misconduct in wealth management, superannuation and insurance, as well as in banking proper, is unlikely to leave voters thinking the banks' behaviour hasn't been as bad as they first thought.

Polling shows high public support for a banking royal commission, including among Coalition voters.

But the way the government has been forced by public opinion to abandon its attempt to protect the banks is a sign of much deeper public disaffection with the long-dominant "neoliberal" doctrine – formerly accepted by both sides of politics – that governments should do as little as possible to prevent businesses doing just as they see fit.

That when business mistreats its customers or it employees, there's nothing the government could or would want to do.

That big businesses' generous donations to both sides' coffers mean they have the politicians in their pockets. That the Turnbull government's desire to cut the rate of company tax on foreign multinationals that already avoid paying much is proof the economy's run to please the big boys, not you and me.

I've been writing for months about the breakdown of the "neoliberal consensus". This is evident in the way the Labor side has promised a banking royal commission, opposed big business tax cuts, opposed reductions in penalty rates, and pressed for constraints on negative gearing and the capital gains tax discount.

But set aside his resistance to a banking inquiry and (impotent) advocacy of big business tax cuts, and you see Turnbull's already doing much to respond to voters' rejection of the fruits of neoliberalism – privatisation, the various economic reform stuff-ups – with his new tax on multinational tax avoiders and coercion of particular companies in his struggle to fix the stuffed-up national electricity market and the cornering of the eastern seaboard gas market by three big companies.

Remember too the way, as part of his efforts to stave off a banking inquiry, Turnbull has become ever tougher on the banks, making them pay for more surveillance by the Australian Securities and Investments Commission and imposing a new tax on the five biggest of them.

In his most recent attempt to head off pressure for an inquiry, a proposed arrangement to compensate victims of bank misbehaviour, the banks would have been paying.

When the political smarties look back on this saga, my guess is they'll conclude Turnbull was mad to lose so much political credit in his abortive attempt to protect the banks from the public's disapproval of their greed-driven misbehaviour.

He should have got, much earlier than he did, the message that the era of governments pandering to big business was over, killed off by voters' disaffection with the political mainstream and willingness to flirt with the populist fringe.

I'm not sure Australia's big business has yet got that message, particularly not the big banks – transfixed as they are by their inward-looking contest to increase their profits and chief executive remuneration package by more than their three rivals have.

I support the royal commission because another year or more of public dredging through all the moral (and sometimes legal) shortcuts the banks have taken on their way to higher profits and bonuses may finally get the message through that their way of doing business – and treating their customers – must change.

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It's business that has the greatest sense of entitlement

How the worm – and the world – turns. When the Abbott government came to power just four years ago, it claimed its arrival signalled the "end of the age of entitlement". Don't laugh, it's happening – but in the opposite way to what treasurer Joe Hockey had in mind.

As Hockey saw it, the sense of entitlement we'd acquired, but which could no long be afforded, applied to the social needs of individuals and families.

We saw the results of this attitude in Tony Abbott and Hockey's first budget of 2014, which got an enormous thumbs-down from the public and the Senate, so that pretty much all that remains of the attack on unwarranted entitlement is the unending crusade by the government's Don Quixote, Christian Porter, and his loyal Sancho, Alan Tudge, to root out the last welfare cheat.

Not content with the grand stuff-up that was the "robodebt" use of unguided computers to collect amounts that may or may not have been overpaid, the pair are now hot on the trail of drug-taking welfare recipients.

Drug testing isn't cheap, so it's likely the exercise will cost the taxpayer more than it saves. And drug care experts – who weren't consulted - say addicts can't be successfully coerced into treatment.

Trouble is, successive governments have been cracking down on the crackdown on welfare cheats every year for decades, so there can't be all that many of 'em left.

Why do I get the feeling that cracking down on welfare cheating is, at best, what governments do when they want to be seen to be cutting their spending but aren't game to.

Or, at worst, when they want to exploit the popular delusion that we could all be paying less tax if it weren't for the massive sums being siphoned off by dole bludgers and the like.

Sorry, the people doing by far the most to keep welfare spending high and rising are known as age pensioners. And no one has a stronger sense of entitlement than an oldie fighting for the pension. "I've paid taxes all my life . . ."

But though one of Aussies' less attractive traits has been our proneness to "downwards envy" – the delusion that people worse-off than us are doing it easy – polling by the Essential organisation suggests it may be wearing off, replaced by disapproval of wealthier tax dodgers.

Essential finds only 12 per cent of respondents (including 14 per cent of Coalition voters) are "bothered a lot" by "the feeling that some poor people don't pay their fair share", whereas 53 per cent (40 per cent of Coalition voters) are bothered a lot by "the feeling that some wealthy people don't pay their fair share".

Ask whether they're bothered a lot by the feeling that "some corporations" don't pay their fair share, and disapproval shoots up to 60 per cent, including 51 per cent of Coalition voters.

It's a sign of the times. It has finally dawned on us that the people with the overweening sense of entitlement are our business people.

They used not to be so arrogant, but more than three decades of neoliberal ideology – under which governments should do as little as possible to burden the private sector or restrict its freedom – have left business people convinced they're demi-gods, the source of all goodness and justly entitled to our approbation and genuflection.

They're the source of all jobs, and thus entitled to have their every demand satisfied.

Why should chief executives earn up to 300 times what their workers earn? Isn't it obvious?

Why should the chief executive's package rise by 8 per cent while his workers' wage rise is held down to 2 per cent because times are tough? Because I've just realised that Joe Blow over at XYZ Corp is getting more than me, and I'm better than him.

Why should companies doing legal contortions to minimise the tax they pay, hesitate to demand a cut in the rate of company tax in the name of creating jobs?

The developed world is still recovering from the carnage of the global financial crisis, caused by letting American banks do hugely risky things in the pursuit of higher profits and bonuses, confident in the knowledge that, should things come unstuck, the government would bail them out.

We weren't so silly as to let our own banks behave like that, but the years since then have seen a litany of banks mistreating their customers, as their managers put bonuses ahead of service and the four big banks compete single-mindedly for the highest rate of profit.

Meanwhile, journalists are uncovering a remarkable degree of lawlessness by other businesses: young people paid less than their legal entitlement, exploitation of foreign workers on visas, employers failing to pay in their workers' super contributions.

It's as though business people see themselves as so economically virtuous as to be above the law. Just a bit of red tape those gutless pollies have yet to clear away.

What's changed with the end of the era of neoliberalism, however, is the willingness of politicians on both sides to toughen up on the banks and other businesses.

They'll be paying more rather than less tax in future, and governments are already far less hesitant to regulate them more closely.

I see a lot more coming. Why? Because voters have got jack of arrogant business people.

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Government losing its resistance to rent-seeking businesses

I'm starting to suspect the federal government – of whatever colour – has lost its ability to control its own spending.

Even if this is, as yet, only partly true, governments are likely to have unending trouble returning the recurrent budget to balance and keeping it there, let alone getting it into surplus so as to pay down debt.

Those of us who worry about such things have given too little thought to the causes of the Abbott-Turnbull government's abject failure to achieve its oft-stated goal of repairing the budget solely by cutting government spending.

It's common to blame this on political failure and obstacles. There's truth in most of those excuses, but they miss the point. Spending restraint will never be easy politically, governments rarely have the number in the Senate and their opponents will always be opportunistic.

That's why governments need to be a lot clearer about what they're seeking to achieve on the spending side, and a lot more strategic in how they try to bring it about.

On ultimate objectives, the goal of literally smaller government – smaller than it is today – is a pipedream. Government spending is almost certain to rise over time – don't you read Treasury's intergenerational reports? – meaning taxes will have to rise over time.

But there are obvious limits to voters' appetite for higher taxes, which is why governments need to be able to control the rate at which their spending is growing, and do it not by cost-shifting to other governments or service recipients – as was the approach in the failed 2014 budget – but by ensuring ever-improving value for money through greater efficiency and effectiveness.

Unless governments lose their obsession with welfare spending (most of which goes to the aged) and come to terms with the other two really big items of government spending, health and education – especially when you consolidate federal and state budgets – they won't get far with controlling the rate of growth in their spending.

What too few people realise is how much of government spending goes not directly into the pockets of voting punters, but indirectly via businesses big and small: medical specialists, chemists, drug companies, private health funds, private schools, universities fixated by their ranking on global league tables, businesses chasing every subsidy they can get, not to mention international arms suppliers.

The budget, in other words, is positively crawling with vested interests lobbying to protect and increase their cut of taxpayers' money.

A government that can't control all this potential business rent-seeking – isn't perpetually demanding better value for taxpayers; perpetually testing for effectiveness – is unlikely to have much success in limiting the growth in its spending.

Which brings me to my fear that government has already lost that ability.

A wrong turn taken early in the term of the Howard government – when the Finance department moved most responsibility for spending control to individual departments and got rid of most of its own experts on particular spending areas – plus many years of "efficiency dividends" (these days a euphemism for annual redundancy rounds) have hollowed out the public service.

The spending departments have lost much of their ability to advise on policy, while the "co-ordinating departments" – Treasury, Finance and Prime Minister's – have lost much of their understanding of the specifics of major spending programs.

This matters not just because the departments have become increasingly dependent on outside consultants to tell them how to do their job – and to be the for-profit repositories of what was formerly government expertise – which could easily be more expensive than paying your own people.

The big four chartered accounting firms were paid $1 billion in consulting fees over the past three years, thus introducing a whole new stratum of potential rent-seeking.

More importantly, the longstanding practice of having specialised departments – one each for the farmers, miners, manufacturers, greenies etc – makes them hugely susceptible to being "captured" by the industry they're supposed to be regulating in the public interest.

The departments soon realise their job is to keep the miners or whoever happy and not making trouble for the government.

The Health department, for instance, would see its primary task as dividing the taxpayers' lolly between the doctors, the chemists, the drug companies and the health funds in a way that keeps political friction to a minimum.

How much incentive do you reckon this gives the spending departments to limit their spending, root out rent-seeking and lift effectiveness?

That's why, by denuding the co-ordinating departments of people who know where the bodies are buried in department X, government has lost a key competency: the ability to control the growth in its own spending.

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Big business influence wanes as public rejects ‘bizonomics’

The collapse of the "neoliberal consensus" is as apparent in Oz as it is in Trump's America and Brexitting Britain, but our big-business people are taking a while to twig that their power to influence government policy has waned.

Their trouble is the way the era of micro-economic reform initiated by the Hawke-Keating government in the 1980s eventually degenerated into "bizonomics" – the pseudo-economic belief that what's good for big business is good for the economy.

Part of this is the belief that when you privatise a government-owned business, or outsource the delivery of government services to for-profit providers – when you move economic assets and activity from the "public" column to the "private" column – you've self-evidently raised economic efficiency and wellbeing.

Provoking an engrossing debate between economists, Dr Mike Keating, a top economic adviser in the (no relation) Keating era, used a post and a rejoinder on John Menadue's blogsite to claim the early reformers believed that who owned a business wasn't as important as whether privatising it would make its industry more competitive or less.

True, Mike. Trouble is, the advisers and ministers who followed the Keating² era weren't so discerning, nor so scrupulous.

In those days, the goal of making industries more "competitive" meant turning up the competition from imports, or removing government regulation designed to inhibited competition between local players.

These days, following the degeneration to bizonomics, making industry more competitive means granting concessions to make chief executives' lives easier.

I remember when part of the Keatings' motive for dismantling protection against imports was to cure Australia's lazy business people of their predilection for running to Canberra for help whenever times got tough.

No more rent-seeking, was the cry. But the degeneration from economics to bizonomics amounted to wholesale rent-seeking by business. Is productivity improvement weak? Obviously, that's the government's fault for not pressing on with economic reform.

What reform? Cutting tax on companies and high income-earners and increasing the tax on consumers. Shifting the legislative power balance between employers and their workers even further in favour of employers.

Sorry, but as has been well demonstrated by Malcolm Turnbull's refusal to increase the goods and services tax, his inability to cut the company tax rate for big business, and the public's overwhelming disapproval of the Fair Work Commission's decision to cut Sunday penalty rates (complete with the Coalition's attempt to deny paternity of the bastard child), those days are ending.

These days, it's not just leftie troublemakers who doubt that benefits going direct to big business will trickle down to the rest of us, it's every punter in the street.

Another element of bizonomics is governments in many anglophone countries maintaining the facade, but not the substance, of business regulation.

They tell the public it's protected by laws governing treatment of consumers, employees, shareholders, taxpayers and others, but then rob the regulatory agencies – in our case the ACCC, Fair Work Ombudsman, ASIC and the Tax Office – of the resources they need to adequately enforce the laws they administer.

In this game of nudging and winking, it didn't take long for business to realise that, its chances of apprehension being tiny, obeying any law it found standing in the way of higher profits was now optional.

And that, though they could never admit it, this was the way governments of both colours secretly wanted it to be.

This is what explains the plethora of business law-breaking being uncovered by Fairfax's Adele Ferguson and other investigative journalists. What's notable is the way the business lobby groups have failed to condemn corporate lawbreaking.

A few decades of bizonomics have left our big business chiefs with the assurance they possess a God-given right to have their every demand accommodated by governments.

Sorry guys, apart from the lack of evidence that allowing you to aggrandise yourselves leaves the rest of us better off, democracies don't work that way.

In the end, power derives from voting punters, not corporations making generous donations to party coffers. The donations work only as long as the pollies can use them to amass enough votes for a government trying to swing it for biz business.

That's what's no longer happening, and the sooner you wake up to it, the sooner you can move to profit-making Plan B: find it within your business, not by lobbying Canberra.

The pollies have already got the punters' message. That's why the Coalition is becoming less willing to do your bidding and Labor has realised getting tough with business has more upside than down.

If this means you stop donating to either side, so much the better.

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The era of neoliberalism is ending and reversing

If there's some trend in the world that we don't much like but has been happening for ages, there's a human tendency to assume it will keep on forever and just get worse. Occasionally, however, this moment signals it won't be long before it starts going away.

I'm a great believer in the pendulum theory of history: trends in human activity go on and on until they reach an unacceptable extreme, and then one day they turn and start going back the way they came.

That's certainly the way fashions in economics and government policy work. Consider the story since the end of World War II, using Britain as our guide.

There was a great reforming spirit after the war, and much that needed fixing. The economy wasn't working well and ordinary people – who'd done their duty so selflessly during the war – weren't getting a fair share of the economic rewards.

So the Brits set about installing the welfare state – comprehensive social security payments and a national health service in which most doctors became government employees – and "nationalising" many troublesome but important industries.

This new trend of nationalisation was copied in other countries including, to an extent, Oz.

But as the years rolled by it became clear that Britain's economy wasn't working well. Eventually, a new Boudica rose up, name of Maggie Thatcher, to set things right.

The problem was obvious: too much of the economy owned and run by the government and all those civil servants. Too many rules and regulations. The economy was inflexible and unresponsive. The unions had too much power and were abusing it, always on strike until they got their way.

The answer was to "privatise" most of the nationalised industries and get the unions back in their box.

We need to unshackle the power of the market, with its much greater ability to respond to changing times, greater desire to satisfy customers' needs and motivation to root out inefficiency.

This new trend of privatisation and deregulation – also pushed by Ronald Reagan in the US – has been copied in many developed economies, not least here.

By the early 1980s our economy wasn't working all that well. In a world of floating currencies, we were still trying to fix our exchange rate, battling speculators who always won.

Our banks were a joke, never able to lend enough for a home loan, so you went to a building society or they fitted you up with an expensive second mortgage from their finance company.

We'd been trying to cut ourselves off from the world with high barriers against imports, but been left with an economy that was highly inflation-prone, with much higher unemployment to boot.

Paul Keating and Bob Hawke set about modernising the economy, opening it up to a rapidly globalising world. They didn't ape Thatcher so much as start listening to the advice Treasury had been giving governments for years.

You've detected history's pendulum at work, I trust. Look at it over the decades and you see the fashion in management of the economy swinging from one extreme to the other.

Why does it swing so far? Because the truth – the happy medium – is somewhere in the middle but, because it's some combination of market forces and government management, is devilishly hard to find.

Much easier and more satisfying to champion one extreme or the other.

Why bring this up now? Because, if you hadn't noticed, this particular pendulum has just started swinging back.

As no less an authority than The Economist magazine has judged, the "neoliberal consensus" has collapsed.

For almost 40 years in the English-speaking economies, both sides of politics have accepted that businesses and individuals should be allowed to go about their affairs with as little restriction as possible.

But now both sides are stepping back from that attitude, doing so under pressure from voters growing increasingly unhappy about the state of the economy – in Oz, low wage growth, high energy costs, a seeming epidemic of business lawlessness and a lengthening list of government outsourcing stuff-ups – and the special treatment accorded to business.

You can see it overseas in the electoral popularity of Bernie Sanders and Jeremy Corbyn, and the anti-establishment revolts in the Brexit vote and the election of Donald Trump.

It didn't do her any good, but you see it in Theresa May's Conservative Party election manifesto: "We do not believe in untrammelled free markets. We reject the cult of selfish individualism. We abhor social division, injustice, unfairness and inequality."

Here, you see it in Malcolm Turnbull's reaction to the failed reform of the national electricity market, with his willingness to impose export restrictions on gas companies, buy Snowy Mountains hydro back from the states and contemplate federal construction of new coal-fired power stations.

You see it in Bill Shorten's policy of curbing negative gearing and the capital gains tax discount, his opposition to cuts in the company tax rate and willingness to legislate to restore and protect weekend penalty rates.

I reckon there's a lot more government assertiveness to come. You don't fancy a lifetime of precarious employment in the "gig economy" for yourself or your kids?

Don't worry, before long governments will legislate to protect employees rights at work – just as they used to in the old days.

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You have no idea how hard it is for big business

I have disturbing news. The big business people of Australia are feeling quite upset about the recent federal election, or so I am informed by The Australian Financial Review.

Quite frankly – and this is a shocking thing to say – the mood of the campaign was "anti-business". As young people say, big business was disrespected.

Those rotters in the Labor Party were shameless in their behaviour, seeking to win votes by portraying their Liberal opponents as apologists for big business.

Why did the Libs have cutting the rate of company tax as pretty much the only item in their plan for Jobs and Growth? Purely, so the voters were asked to believe, to please the Libs' cronies at "the big end of town".

Why were the Libs so vigorous in their opposition to Labor's idea of a royal commission? Because they were doing the bidding of their big four banking mates, Labor claimed.

Really, it was disgraceful. But perhaps even more depressing was the performance of the Libs.

Malcolm Turnbull, one of our own – and didn't those Labor people keep hinting at it – the man in whom we had such faith after Tony Abbott's failure as their longed-for messiah, has proved such a disappointment.

He may have championed a proposal to cut the company tax rate by a niggardly 5 per cent, but he wanted to string it out over a decade – a decade! With, mind you, big business not getting a penny until close to the end.

Talk about trickling down the trickle down. Surely if lower company tax is the big reform it needs to deliver jobs and growth, the sooner you do it the better. Be decisive. Take risks for the good of the nation.

But Turnbull lacked the leadership to increase the goods and services tax or to cut the top personal tax rate. Such a disappointment.

And he performed so poorly against Labor and the mushrooming populists – when could you ever accuse big business of trying to be popular? – he looks unlikely to be able to deliver on the company tax cut. Such a disappointment.

Then, to top it off, no sooner is the election over than Liberal loudmouths like Michael Kroger start blaming the Business Council of Australia for their poor performance.

The Libs went out to bat for big business, but we failed to back them with donations or ads. There's talk Turnbull had to pay for a lot of the campaign himself.

Well, really. It's not the business council's job to pass round the hat. The Liberals' job is to fight for the interests of big business purely in the national interest.

What part of "all care but no responsibility" do the Libs not understand?

And then there's the way the pollies suck-up to small business. All that bull about small business being "the engine room of the economy".

Yeah, sure. Say it enough times and the punters forget most of them work for big business, not small.

It couldn't be because small business has more votes than we do, could it? We could try telling our employees who to vote for, but I'm not sure we'd get far.

So politicians on both sides are a huge letdown. Why won't they show a bit of leadership? Why won't they put their jobs on the line in the national interest? Don't they think we would?

As for the voters themselves, big business is more in sorrow than in anger. How can you blame people for acting like sheep when they're so badly led?

There are so many crazy ideas abroad that the pollies have failed to scotch. Do you know there are people who think business should be paying more tax, not less?

There are people who can't see why business needs a tax cut when it's already doing such a good job of avoiding paying much. This is so unfair. Some of us do pay quite a lot of what we're supposed to.

The pollies' failure of leadership makes it hard to blame ordinary people for not understanding there's a budget repair job to do and we have to get on with it. There are "harsh realities" that must be faced.

Strong policy action must be taken and the public must be persuaded to take its medicine.

If the budget is to be balanced we all have to give up something. Businesses have already offered to give up some of the tax they pay, and now it's your turn to volunteer.

Government spending is growing unsustainably. Surely you could give up some of those free visits to the doctor. Surely you could pay more for your pharmaceuticals. Surely your pension doesn't need to be so generously indexed.

Someone needs to tell you this: all the talk of a royal commission is reducing confidence in the banking system. Stop it, or on your own head be it.

And lack of support for big business on both sides is sapping confidence in the economy.

I mean, really. With such hopeless politicians and foolish, self-seeking voters, how can big business to get on with its job?

The incompetence and unworthiness around us is so disheartening. It's all we can do to get out of bed each day and collect our pay.

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