BILL DRAFTING – AUSTRALIA

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

Labor’s preventive detention regime passes Senate as third freed immigration detainee arrested

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Original article by Paul Karp
The Guardian Australia – Page: Online : 6-Dec-23

The Senate has passed the federal government’s preventative detention laws, which were introduced in response to the High Court’s landmark ruling on indefinite immigration detention. The bill was supported by the Coalition, which moved a motion for the Senate to immediately vote on the laws following revelations that a third former immigration detainee has been arrested and charged just weeks after being released. The convicted child sex offender faces three counts of having contact with a juvenile and using social media and a live chat facility in breach of his reporting obligations. The other two former detainees have respectively been charged with indecent assault and drug possession. The lower house will vote on the legislation on Thursday.

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Business pans unfair IR deal with Greens

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 5 : 30-Nov-23

The federal government’s Closing Loopholes Bill was passed by the lower house on Wednesday, with more than 80 amendments that Labor had agreed to implement. However, employers’ groups have criticised a Greens amendment that will have major implications for the government’s intractable bargaining laws, which allow unions or employers to unilaterally go to arbitration after nine months of failed bargaining. The amendment means that employees’ existing conditions cannot be reduced via such arbitration. Australian Chamber of Commerce & Industry CEO Andrew McKellar says the Fair Work Commission will make a lot more unilateral decisions as a result of this amendment, which will in turn further reduce productivity.

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AUSTRALIAN LABOR PARTY, AUSTRALIAN GREENS, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY

More IR changes make bad bill worse

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 29-Nov-23

The federal government tabled 81 amendments to its Closing Loopholes Bill in the lower house on Tuesday. Australian Industry Group CEO Innes Willox and Minerals Council of Australia CEO Tania Constable have expressed concern about some of the amendments, with the latter contending that they will broaden the union movement’s powers with regard to the ‘same job, same pay’ provisions. However, Workplace Relations Minister Tony Burke has described the amendments as "practical reforms".

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AUSTRALIA. DEPT OF EMPLOYMENT AND WORKPLACE RELATIONS, THE AUSTRALIAN INDUSTRY GROUP, MINERALS COUNCIL OF AUSTRALIA

ALP divides to conquer on IR

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Original article by Ewin Hannan
The Australian – Page: 1 & 5 : 22-Nov-23

The federal government has struck a deal with the Australian Resources & Energy Employer Association to exempt service contractors from the labour-hire provisions of the Closing Loopholes Bill. It follows week of negotiations between Workplace Relations Minister Tony Burke and AREEA, whose CEO Steve Knott has been a vocal critic of the proposed reforms. The amendments to the bill mean that the Fair Work Commission will not be able to make labour hire pay orders if a business is providing a service to a client rather than supplying labour. The government has previously agreed to changes to the bill following talks with the Australian Hotels Association and gig economy platforms.

CORPORATES
AUSTRALIAN RESOURCES AND ENERGY EMPLOYER ASSOCIATION, AUSTRALIA. DEPT OF EMPLOYMENT AND WORKPLACE RELATIONS, AUSTRALIAN HOTELS ASSOCIATION

Labor delivers concessions on gig economy employment reforms

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The Australian Financial Review – Page: 4 : 9-Nov-23

On-demand platforms have welcomed the federal government’s decision to make changes to the gig economy provisions of its Closing Loopholes Bill; however, they believe that the concessions do not go far enough. Amongst other things, the amendments will limit the introduction of traditional employment conditions for gig economy workers, such as penalty rates. The Fair Work Commission will be able to impose penalty rates if they are deemed to be appropriate for the type of work, although on-demand platforms had wanted weekend and evening penalty rates to be specifically excluded from the legislation.

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AUSTRALIA. FAIR WORK COMMISSION