Business News Releases

Indian Ocean territories sustainability inquiry

THE Joint Standing Committee on the National Capital and External Territories will commence an inquiry into the challenges, barriers and opportunities for economic, social and environmental sustainability in the Indian Ocean Territories.

The inquiry will examine a range of sustainability challenges, economic opportunities and environmental issues.

Committee Chair Anne Webster MP said: “The inquiry will look at ways the economies of Cocos (Keeling) Islands and Christmas Island could be diversified, while balancing social and environmental considerations.

“We look forward to engaging with communities in the Indian Ocean Territories and hearing their views during the inquiry process.  We want to hear from all interested people and organisations, including residents, businesses and community groups.”

The inquiry terms of reference include topics such as education, research, citizen science, biodiversity, job creation, costs of living and socially responsible development.

The Committee is accepting submissions addressing the terms of reference until January 27, 2021. Further information on how to prepare and lodge a submission can be found on the inquiry website. Public hearings are expected to be held during 2021.

This inquiry will be conducted concurrently with the Committee’s inquiry into communications infrastructure.

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Federal report on national strategy for rubbish released

THE House Standing Committee on Industry, Innovation, Science and Resources recently tabled its report, From Rubbish to Resources: Building a Circular Economy.

Chair of the Committee, Barnaby Joyce MP, said, "This report addresses the dilemma in some way that the rubbish a nation creates in 2020 must be effectively, efficiently and sustainably dealt with by the nation that creates it. Finding big old holes in the ground to throw it in is a poor reflection of a nation that wishes to present itself as a clever country."

A key finding of the Committee was that Australia must be effective in delivering a unified approach across states and territories when it comes to waste management, and that the aim of a circular economy is to essentially ‘design out waste’.

The Committee has made 24 recommendations including that the Commonwealth Government, in consultation with state and territory governments, implement a pathway to a predominantly national circular economy. This pathway should pay attention to the design and composition of products to enable the greatest capacity for end of life recycling, and consider regulation and incentives to encourage greater repair, reuse, recycling and recovery of materials.

The Committee also looked to maximising the opportunities offered by rural and regional communities. It has recommended that the Federal Government prioritise its coordination and leadership by assessing the potential of rural and regional towns to manage and process waste, and by assisting with investment in the necessary infrastructure to support a local industry.’

A copy of the report is on the Committee’s website.

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Public Accounts Committee reports on Defence projects and grants administration

THE Joint Committee of Public Accounts and Audit has released reports on Defence major projects and the administration of Commonwealth grants.

Report 483 focused on the 2018-19 Defence Major Projects Report and the Future Submarine Project.

“Reviewing the Major Projects Report each year has been a longstanding practice of the Joint Committee of Public Accounts and Audit and goes to the core of the Committee’s oversight role,” the Chair of the Committee, Lucy Wicks MP, said.

The Committee made seven recommendations, including that the ANAO consider improving the format and accessibility of the MPR. It also recommended that Defence commission an external performance review of the helicopter acquisition program in advance of its upcoming acquisition and clarify the thresholds that categorise Defence major projects listed as Projects of Concern.

The Committee’s report on the administration of government grants was based on Auditor-General reports concerning the National Competitive Grants Program; the Regional Jobs and Investment Packages; and the Community Sport Infrastructure Program.

Ms Wicks said, “The Committee made six recommendations, including that the Commonwealth Grants Rules and Guidelines be amended to strengthen record-keeping and reporting requirements, to ensure compliance and public accountability.”

The report also recommended that Sport Australia review its guidelines in relation to all current and future grants programs, to clarify the authority and duties of the Minister for Sport and the authority of the Australian Sports Commission.

Report 483 examined the following Auditor-General reports:

No. 19 (2019-20), 2018-19 Major Projects Report
No. 22 (2019-20), Future Submarine Program: Transition to Design

Report 484 examined the following Auditor-General reports:

No. 5 (2019-20), ARC Administration of the National Competitive Grants Program
No. 12 (2019-20), Award of Funding Under the Regional Jobs and Investment Packages
No. 23 (2019-20), Award of Funding under the Community Sport Infrastructure Program

For more information about this Committee, visit its website.

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Australian Magnitsky-style law now recommended

AUSTRALIA should enact a world-leading law, first actioned by the US against Russian nationals, to apply targeted sanctions to perpetrators of serious human rights abuse and corruption, according to a new Australian Parliament report.

Tabling the report in December, chair of the Human Rights Sub-committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade, the Kevin Andrews said Magnitsky-style targeted sanctions would align Australia with a global movement seeking to limit opportunities for human rights abusers, corrupt officials and their beneficiaries to enjoy the proceeds of their abuses.

"These recommendations would see Australia strengthen our commitment to protecting the human rights of people around the world. The report’s recommendations would see Australia implement a world leading version of Magnitsky legislation," Mr Andrews said.

The recommended targeted sanctions would include banning entry to Australia, and the capacity to seize assets. 

"We cannot control whether perpetrators are brought to justice within their home country, but targeted sanctions legislation will make Australian beaches, schools, medical care and financial institutions off-limits to people who have profited from unconscionable conduct," Mr Andrews said.

"A targeted sanctions regime for serious human rights abuse and corruption will close the gap of opportunity for perpetrators and stop Australia becoming a safe haven for these people."

LONG PREPARATION

The report follows a wide-ranging inquiry which commenced in 2019 and incorporates submissions from over 160 individuals and organisations from around the world.

During the inquiry, the sub-committee heard evidence from a range of expert witnesses including lawyer Geoffrey Robertson OAM QC, lawyer and human rights activist Amal Clooney and Russian world chess champion and human rights advocate Garry Kasparov.

Chair of the Foreign Affairs, Defence and Trade Committee, Senator David Fawcett, endorsed the Sub-committee’s report. 

"The community, legal experts, victims of human rights abuse, and our allies have spoken and the Committee has listened," Senator Fawcett said. 

"Australia has an opportunity to become a leader in addressing human rights abuse and corruption, and we should do so at the first opportunity.

"Cooperation with like-minded nations on this matter has the potential to protect the human rights of countless citizens around the world. Australia is an attractive destination for investment and lifestyle, and we have the opportunity to reduce incentives for corrupt and unscrupulous human rights abusers.

"Respect for individuals and the freedoms that underpin the Universal Declaration of Human Rights lie at the heart of the values that have enabled the global rules based order to bring increased security and prosperity to the people of so many nations in recent decades."

Full report here.

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Test case filed in Federal Court to challenge 'unlawful outsourcing' of Qantas workers

LAW FIRM Maurice Blackburn Lawyers filed a test case for the Transport Workers Union (TWU) in the Federal Court on December 9, 2020, seeking to overturn Qantas’s decision to outsource 2,000 workers. They claim the decision is unlawful under the Fair Work Act.

The case follows Qantas’s recent announcement that it was outsourcing 2,000 ground staff and replacing them with what the TWU described as "insecure labour hire workers".

Maurice Blackburn principal Josh Bornstein, who is acting for the TWU, said the case would test whether Qantas’s recent actions in sacking workers and outsourcing their jobs was unlawful.

“This legal challenge will put outsourcing on trial,” Mr Bornstein said.

“If Qantas can replace thousands of its employees with cheaper, insecure labour hire employees then this can happen to any other employee in any Australian workplace.  

“This important test case for the TWU will determine whether Qantas’s decision to sack 2,000 workers to outsource these jobs breaches workplace laws.

“The Fair Work Act makes clear that you can’t sack employees because they are entitled to collectively bargained employment conditions. By outsourcing this work, Qantas is seeking to avoid collective bargaining under the Fair Work Act," he said.

“If the outsourcing proceeds, Qantas will no longer have to negotiate with the workers who perform the work. Instead Qantas will be able to unilaterally impose a price for the services of outsourced workers, and those outsourced workers will not be allowed to bargain with Qantas under current IR laws.

“The coronavirus pandemic has highlighted the plight of insecure labour hire and outsourced workers: they aren’t paid properly, they work in unsafe conditions and they are forced to scrounge a living working at multiple jobs. Qantas has decided to pour petrol onto that fire,” Mr Bornstein said.

“This decision is bad for workers, customers and the Australian economy. More low wage, insecure jobs means less spending and more damage to a fragile economy. The only beneficiaries are big shareholders and Qantas executives,” he said.

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