BILL DRAFTING – AUSTRALIA

Business blues over IR shake-up bill

roymorgansocial Leave a comment

Original article by Geoff Chambers
The Australian – Page: 2 : 8-Nov-23

The federal government continues to attract scrutiny over its compromise agreement with the Australian Hotels Association regarding the casual employment provisions of the Closing Loopholes Bill. The deal has been criticised by Restaurant & Catering Australia, the Council of Small Business Organisations Australia and the Minerals Council of Australia. They have released legal advice from Corrs Chambers Westgarth which suggests that, despite the amendments, employers that breach the new definition of a casual could still incur existing penalties.

CORPORATES
AUSTRALIAN HOTELS ASSOCIATION, RESTAURANT AND CATERING INDUSTRY ASSOCIATION OF AUSTRALIA INCORPORATED, COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED, MINERALS COUNCIL OF AUSTRALIA

BHP warns against Same Job, Same Pay

roymorgansocial Leave a comment

Original article by Cameron England
The Australian – Page: 13 & 16 : 2-Nov-23

BHP CEO Mike Henry has reiterated that the ‘same job, same pay’ provisions of the Closing Loopholes Bill could potentially force the resources group to discontinue its FutureFit training academies. Henry says 1,500 people have been inducted into the academies, which provide them with the skills that are needed to work in the mining industry. Henry also contends that the labour hire reforms would increase costs more broadly and make Australia less attractive as an investment destination. Henry says the proposed reforms are the most significant and far-reaching changes to Australia’s industrial relations laws since the WorkChoices regime.

CORPORATES
BHP GROUP LIMITED – ASX BHP

ACTU calls for fairer, stronger IR reform

roymorgansocial Leave a comment

Original article by Ewin Hannan
The Australian – Page: 6 : 25-Oct-23

The ACTU has used its submission to the Senate’s inquiry into the Closing Loopholes Bill to propose 44 amendments that it claims would improve the legislation. Amongst other things, the peak union body wants the "employee-like" provisions of the bill to be expanded to all employees with such arrangements, rather than just gig economy workers. It also wants the Fair Work Commission to have powers to arbitrate on the question of whether a worker is an employee or an independent contractor, and for superannuation to be included in the provisions of the bill regarding wage theft.

CORPORATES
ACTU, AUSTRALIA. FAIR WORK COMMISSION

Delivery prices could soar under gig laws: DoorDash

roymorgansocial Leave a comment

Original article by David Marin-Guzman
The Australian Financial Review – Page: 11 : 18-Oct-23

Uber Eats recently estimated that the gig economy reforms in the federal government’s Closing Loopholes Bill could increase the cost of using food delivery services by up to 85 per cent. However, rival food delivery platform DoorDash has told a Senate inquiry into the legislation that prices could potentially rise by more than 260 per cent. The legislation would give the Fair Work Commission powers to set minimum pay and conditions for gig workers, but DoorDash has argued that these powers should be limited to setting minimum pay, insurance, portable leave and payment times. Nick McIntosh from the Transport Workers’ Union says there is broad support for the reforms among gig economy workers and companies.

CORPORATES
DOORDASH, UBER EATS, AUSTRALIA. FAIR WORK COMMISSION, TRANSPORT WORKERS’ UNION

Business blasts flawed IR bill

roymorgansocial Leave a comment

Original article by Ewin Hannan
The Australian – Page: 2 : 27-Sep-23

The federal government has estimated that the proposed labour hire and gig economy changes in its Closing Loopholes bill would cost employers up to $9bn in extra wages over the next decade. However, the Business Council of Australia contends that this estimate is based on outdated, limited and flawed data; the employers’ group notes that the explanatory memorandum accompanying the bill acknowledges this fact. BCA CEO Bran Black says the flaws call into question the government’s estimates of the impact of the proposed changes on individual businesses.

CORPORATES
BUSINESS COUNCIL OF AUSTRALIA

Key crossbenchers in bid to split up IR bill

roymorgansocial Leave a comment

Original article by Ewin Hannan
The Australian – Page: 5 : 13-Sep-23

Workplace Relations Minister Tony Burke has reiterated that the federal government wants the entire Closing Loopholes Bill to be passed by the end of 2023. This follows a push by Senate crossbenchers to remove four provisions from the bill and legislate them by the end of the year. They include proposed changes that would make it easier for first responders such as firefighters and ambulance crews to claim workers’ compensation for job-related post-traumatic stress disorder. Independent senator David Pocock says this would allow more time to consider the more contentious elements of the bill.

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT AND WORKPLACE RELATIONS

Burke to get extraordinary IR powers

roymorgansocial Leave a comment

Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 4 : 6-Sep-23

Australian Chamber of Commerce & Industry CEO Andrew McKellar says the Closing Loopholes Bill contains at least 32 clauses that will allow Workplace Relations Minister Tony Burke to give himself new regulatory powers. He says this is an "extraordinary" number, and argues that it will heighten uncertainty about the real cost of the proposed industrial relations reforms to business. Master Builders Australia CEO Denita Wawn in turn says the ministerial powers will create greater uncertainty for independent contractors and businesses when entering commercial arrangements. Amongst other things, Burke will have broad powers to issue regulation that change the definitions for labour hire rules and gig economy workers’ pay.

CORPORATES
AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY,MASTER BUILDERS AUSTRALIA INCORPORATED,AUSTRALIA. DEPT OF EMPLOYMENT AND WORKPLACE RELATIONS

BHP says IR changes to cost more than $1.3b estimate

roymorgansocial Leave a comment

Original article by Peter Ker
The Australian Financial Review – Page: 5 : 6-Sep-23

BHP estimated in May that the ‘same job, same pay’ policy for labour hire workers would cost the resources group about $1.3bn a year. However, BHP believes that the actual cost may be much higher, given that the explanatory memorandum attached to the Closing Loopholes Bill could potentially capture mining service providers such as Thiess and Downer EDI. BHP did not take such providers into account when it released the initial estimate. BHP says it supports the intention of the bill with regard to low-paid and vulnerable workers, but argues that it is not appropriate for the mining sector; BHP notes that the average wage for employees in its Operations Services division is nearly $150,000 a year.

CORPORATES
BHP GROUP LIMITED – ASX BHP,THIESS PTY LTD,DOWNER EDI LIMITED – ASX DOW

Lambie swings the vote on $10b housing fund

roymorgansocial Leave a comment

Original article by Phillip Coorey
The Australian Financial Review – Page: 4 : 22-Mar-23

The federal government still hopes to pass its Housing Affordability Future Fund legislation before parliament rises next week. The prospects of getting the bill through the Senate have been boosted after the Jacqui Lambie Network flagged its potential support for the $10bn fund; however JLN senator Tammy Tyrrell says this will be conditional on a guarantee that some 1,200 of the HAFF’s 30,000 social and affordable rental homes will be built in Tasmania, the home state of both herself and party leader Jacqui Lambie. The government also requires the support of the Greens.

CORPORATES
JACQUI LAMBIE NETWORK, AUSTRALIAN GREENS

Firms war-game the new IR rules

roymorgansocial Leave a comment

Original article by Hannah Wootton
The Australian Financial Review – Page: 6 : 29-Nov-22

Perth-based conglomerate Wesfarmers has indicated that it will continue to use enterprise agreements rather than shifting to multi-employer bargaining. CFO Anthony Gianotti says Wesfarmers believes that traditional enterprise agreements are the best way of driving real wage growth. Ramsay Health Care’s CFO Martyn Roberts in turn says that negotiating pay rises across rival companies in the same sector may be "quite challenging". Gianotti adds that the Secure Jobs, Better Pay reforms have not gone far enough in simplifying the industry awards system.

CORPORATES
WESFARMERS LIMITED – ASX WES, RAMSAY HEALTH CARE LIMITED – ASX RHC