INDUSTRIAL RELATIONS – GOVERNMENT POLICY – AUSTRALIA

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.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION

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.

CORPORATES
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".

CORPORATES
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.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION

Business blues over IR shake-up bill

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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

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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

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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

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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

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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