BILL DRAFTING – AUSTRALIA

MPs fight to force shops to take cash

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Original article by Shane Wright
The Age – Page: Online : 4-Jun-24

Cash is now used in just 13 per cent of all transactions in which money changes hands, compared with about 70 per cent in 2007. The pandemic accelerated Australia’s shift to a cashless society, but independent MP Andrew Gee has introduced a private member’s bill that would impose a $25,000 fine on businesses that refuse to accept cash payments of less than $10,000; individuals would be fined up to $5,000. Gee’s bill has the support of fellow independents such as Bob Katter and Dai Le; however, federal parliament has passed only 30 private member’s bills since Federation in 1901.

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Tough visa rules to ban countries

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Original article by Andrew Tillett
The Australian Financial Review – Page: 1 & 4 : 27-Mar-24

The House of Representatives has passed legislation that targets failed asylum-seekers who refuse to co-operate with immigration authorities regarding their removal from Australia. The legislation allows them to be jailed for up to five years and specifies that fears of persecution if they are returned to their home country will not be regarded as a reasonable excuse for their lack of co-operation. The government will also have the power to block visa applications from all citizens of countries that refuse to refuse to accept the return of failed asylum seekers. The legislation was passed with the support of the Coalition, although it has forced Labor to agree to a Senate inquiry into the bill.

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Independents move to ban mega donations in far-reaching political transparency overhaul

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Original article by Paul Karp
The Guardian Australia – Page: Online : 19-Mar-24

Political donations of more than $1.5 million would be banned under the fair and transparent elections bill, which is being tabled by crossbench and independent MPs in both houses of federal parliament. The bill also calls for a ban on donations from socially harmful industries such as the fossil fuel sector and for ‘truth-in-political advertising’. It further calls for the donation disclosure threshold to be lowered to $1,000, but it does not support a recommendation from the electoral matters committee to cap spending on elections, due to concerns that this could effectively entrench the two major parties.

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Shambolic right to disconnect fix

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 14-Feb-24

The federal government was criticised over its failure to consult with employers’ groups regarding the ‘right to disconnect’ provisions of its latest industrial relations reforms. Workplace Relations Minister Tony Burke has attracted further criticism for belatedly consulting with employers with regard to the Fair Work Amendment Bill 2024, which is intended to remove criminal penalties for employers who breach the right to disconnect. The haste with which the Closing Loopholes Bill No. 2 was pushed through parliament resulted in the criminal penalties inadvertently being left in the legislation.

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AUSTRALIA. DEPT OF EMPLOYMENT AND WORKPLACE RELATIONS

Staff disconnects from Tony Burke’s own office

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Original article by Joe Kelly
The Australian – Page: 5 : 13-Feb-24

The Department of Employment & Workplace Relations has disclosed that 36 per cent of its employees had an approved working from home arrangement at the end of October 2023. However, an Australian Public Service employee census survey shows that 72 per cent of the department’s staff had worked remotely at some point during 2023, including on an informal or ad hoc basis. The release of this data has coincided with the federal government’s push to introduce a legislated right for employees to ‘disconnect’ from their workplace outside of their designated working hours. Meanwhile, some 57 per cent of employees across the public service who completed the survey had access to working from home arrangements in 2023, compared with 46 per cent in 2021.

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AUSTRALIA. DEPT OF EMPLOYMENT AND WORKPLACE RELATIONS

No scrutiny of workplace laws

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Original article by David Marin-Guzman, Patrick Commins, Euan Black
The Australian Financial Review – Page: 1 & 8 : 13-Feb-24

The Productivity Commission has disclosed that the federal government did not consult it about proposed changes to industrial relations laws, including a legislated right for employees to ‘disconnect’ from their workplace. The revelation has strengthened concerns that the Closing Loopholes Bill No. 2 had been rushed through parliament. In addition, the bill as tabled by the government was subjected to a regulatory impact statement, but subsequent amendments – including the right to disconnect – were not subject to such scrutiny. The bill was passed by the lower house on Monday.

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AUSTRALIA. PRODUCTIVITY COMMISSION

Crossbench close to workplace deal

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 7-Feb-24

The federal government and crossbench senators David Pocock and Jacqui Lambie are said to be close to a deal on key provisions of the Closing Loopholes No. 2 Bill. This includes the right of employees to ‘disconnect’ from their workplace outside of their standard hours of work. Workplace Relations Minister Tony Burke has backed down on a contentious provision that could have resulted in employers being fined for unreasonably contacting staff outside of working hours. He says workers should also be entitled to ignore after-hours phone calls and emails from their employer without fear of being penalised for doing so. Burke and the crossbenchers are also believed to have reached agreement on the right of casual workers to request conversion to permanent employment.

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AUSTRALIA. DEPT OF EMPLOYMENT AND WORKPLACE RELATIONS

Burke open to IR bill concessions

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Original article by Ewin Hannan
The Australian – Page: 2 : 31-Jan-24

A Senate inquiry’s report on the federal government’s Closing Loopholes Bill will be tabled on Thursday, and the remaining provisions of the bill are set to be debated in parliament next week. Sources have indicated that the government is prepared to make some amendments to the bill in order to secure the support of Senate crossbenchers. These could potentially include delaying the starting date for measures relating to casual employment and the gig economy. However, Business Council of Australia CEO Bran Black says the bill requires substantial changes rather than ‘technical amendments’, given that it will have a significant economic impact on jobs and employment.

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BUSINESS COUNCIL OF AUSTRALIA

Small business lashes senators over insulting haste on IR bill

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Original article by Sarah Ison
The Australian – Page: 2 : 19-Dec-23

The Council of Small Business Organisations Australia has criticised the Senate for passing the Closing Loopholes Bill on federal parliament’s last sitting day for the year. COSBOA’s CEO Luke Achterstraat and chairman Matthew Addison have written to senators expressing their concern that the bill was passed too quickly and without consulting employers; this includes amendments that were only announced on the day the legislation was passed. COSBOA also contends that provisions of the bill that were hived off and will be voted on separately in 2024 should be abandoned.

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COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED

Family businesses face union delegate threat

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Original article by Robert Gottliebsen
The Australian – Page: 21 : 12-Dec-23

The elements of the Closing Loopholes Bill that were recently passed by federal parliament include provisions that will subject the majority of family businesses to compulsory union power. Any family business that employs a union member needs to be aware of these provisions, as they give the union the power to declare that employee as a union delegate; multiple delegates can also be appointed to the same business. The obligations of these union delegates will be determined by the Fair Work Commission, but they will almost certainly include the way the family business is conducted. Employers must not in any way restrict the delegate in carrying out his or her duties, and must ensure that they receive training in carrying out these duties.

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AUSTRALIA. FAIR WORK COMMISSION