THE Australian Small Business and Family Enterprise Ombudsman, Kate Carnell said a significant spike in the number of unfair dismissal claims before the Fair Work Commission was further proof the Small Business Fair Dismissal Code "is not working in the way it was originally intended".

“In 2019/20 the Fair Work Commission has received over 16,500 unfair dismissal claims – a jump of over 2,600 claims compared to the previous year and proportionally accounting for about half (49%) of the Commission’s caseload,” Ms Carnell said.

“Of course the COVID crisis has played a role in the latest figures, however over the past few years the number of claims have consistently remained at unacceptably high levels.

“It shines a light on underlying systemic issues that my office has consistently raised for years, culminating in the release of our comprehensive review of the Small Business Fair Dismissal Code in August 2019.

“To date, my office has had no formal response from the Federal Government regarding our review and the Attorney General’s promised discussion paper has not yet materialised," Ms Carnell said.

“When the Small Business Fair Dismissal Code came into effect in 2009 under the Labor Government, it was in recognition small business owners do not have the time, money or expertise to navigate the overly complex unfair dismissal system.

“However the high number of unfair dismissal claims lodged with the Fair Work Commission is a clear indication that too many small businesses are being pulled into costly and time-consuming unfair dismissal hearings. Our review of the Code seeks to ensure the Labor Government’s vision for the Code is realised," she said.

“The proposed changes to the Code as recommended in our review, focus on the obligations of employers to their employees and do not impact on the rights of employees at all.

“Ultimately we want the Code to work, so that small businesses understand and meet their obligations so there is no need to engage lawyers.

“It is critical the Code drives fairness and sets out clear expectations for small business employers.”

Ms Carnell said the Small Business Fair Dismissal Code was formed as part of “Forward with Fairness: Labor’s plan for fairer and more productive Australian workplaces”.

Forward with Fairness: Labor’s plan for fairer and more productive Australian workplaces states: “The Code will be tailored to the needs of small business and will be reduced to a clear and concise reference to help these employers meet their obligations under Labor’s simpler unfair dismissal system. Where a small business employer has genuinely complied with the Code, the dismissal will be considered a fair dismissal”.

When the Code came into effect in 2009 under the Labor Government, the interpretation of the Code was challenged in the courts and, on occasion, by members of the Fair Work Commission. That created uncertainty for small business employers, as following the Code was no longer a reliable way of ensuring a dismissal was going to be deemed fair.

In April 2018, the Australian Small Business and Family Enterprise Ombudsman released its report Workplace Relations- Simplification for Small Business. That report recommended ASBFEO lead a review of the Small Business Fair Dismissal Code and checklist.

www.asbfeo.gov.au

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THE NUMBER of jobs supported by the resources industry in Queensland has now reached 420,000, following the release of new data showing an extra 50,000 jobs have been created by the sector in the past financial year.

The Queensland Resources Council today released industry figures confirming mining, gas and energy companies added a record $82.6 billion to the state economy in 2019-20, representing a $5 billion increase on the year before.

QRC chief executive Ian Macfarlane said the latest data showed one in every five dollars in the state economy and one in six jobs are due to the Qld mining and gas industry, highlighting the significance of the sector to every Queenslander’s hip pocket.

“The overall number of jobs supported by resources in Queensland has risen by 13 percent since June last year, increasing from 372,000 to 420,000-plus people now working across our sector,” Mr Macfarlane said.

“Of these, 52,676 people are directly employed in resources and a further 367,493 jobs are supported by the sector, which emphasises the significant flow-on benefits to the wider community from having a strong resources industry in Queensland.

“This is more important than ever as Queensland businesses continue to battle the headwinds of COVID.”

The number of Queensland businesses directly supported by mining, gas and energy companies rose by 5 percent since June last year from 14,400 to reach 15,199, with companies reporting a 19 percent increase in spending during this period.

Mr Macfarlane said resources remained a huge contributor to the Queensland economy and to job security across the state, and he urged voters to take this into account as they head to the polls.

“The QRC has been running a Protect Your Job campaign during the state election to make people aware of the economic importance of resources to Queensland, and to encourage voters to back candidates who will protect jobs and support the mining and gas industry,” he said.

“On top of the billions of dollars resources contributes to the state economy each year, our companies also pay Australia’s highest royalty tax rates, which collected $4.5 billion last year for the Queensland Government.

“This money goes directly into the state budget to fund teachers, nurses, doctors, hospitals, schools and roads so that gives billions of reasons for voters to back candidates who support the resources sector.”

The latest QRC figures show Brisbane has maintained its position as Queensland’s largest mining town with McConnel, Clayfield, Cooper and South Brisbane being in the top 10 electorates to benefit economically from the resources industry.

Mr Macfarlane said he hoped voters in these Brisbane seats will vote to protect their jobs and back local candidates who value and support the resources sector.

The top 10 Queensland electorates ranked in order of economic contribution are McConnel, Mackay, Burdekin, Gladstone, Gregory, Whitsunday, Clayfield, Cooper, Mirani and South Brisbane.

Collectively these 10 seats contribute a massive $46.3 billion to the Queensland economy and support the jobs of nearly 244,000 Queenslanders.

www.qrc.org.au

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THE ACCOUNTING profession supports the way Australian governments have managed COVID-19, but urges greater national unity and transparency, according to CPA Australia.

In October, CPA Australia, which is one of the world’s largest accounting bodies, conducted an online survey of 644 members to ascertain their attitudes to government responses to COVID-19. The survey results provide statistically robust evidence to inform the organisation’s ongoing policy and advocacy activities in response to COVID-19.

CPA Australia general manager for external affairs, Jane Rennie said, “CPA Australia members have a strong sense of public interest, and this was reflected in their responses. Respondents ranked public health as the single highest priority, followed by long-term economic recovery planning. Taken together, long-term and short-term economic recovery planning outranked public health as a priority.

“Although a majority of respondents believed that border closures have contributed positively to public health, the vast majority thought they have had a negative impact on the Australian economy.”

At a national level, 71.5 percent of respondents rated the Federal Government’s response to the pandemic as ‘good’ or ‘very good’. Respondents were more mixed about the impact and effectiveness of state government actions.

The Victorian Government’s response to the pandemic was more polarising. Victorian-based respondents were frustrated by a perceived lack of decision-making consistency and transparency in that state.

“The prolonged lockdown has undoubtedly contributed to a more pessimistic view of government decision making in Victoria," Dr Rennie said.

“Overall optimism regarding business conditions, employment conditions and the economy is not high; 73 percent of Victorians were not optimistic or only slightly optimistic about business conditions, compared with 60 percent of other Australians on the same measure.”

Regardless of their state of residence, respondents wanted governments at all levels to show greater national unity when responding to the impacts of the pandemic.

“Over 86 percent of respondents rated having a unified national approach as ‘very’ or ‘extremely important’ for managing COVID-19,” Dr Rennie said.

“Having multiple state and national approaches was not viewed favourably by respondents and was seen by some as associated with political game playing.”

In comments provided, several respondents also highlighted the need for increased transparency and clarity of government announcements, to assist individuals and businesses to understand how announced measures apply.

About CPA Australia

CPA Australia is one of the world's largest accounting bodies, with more than 166,000 members working in 100 countries and regions and supported by 19 offices globally. Core services to members include education, training, technical support and advocacy. Employees and members work together with local and international bodies to represent the views and concerns of the profession to governments, regulators, industries, academia and the community. cpaaustralia.com.au\

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A MILLION Queenslanders working in the state’s major industries have urged all political parties to prioritise the 'Three Rs' – Revenue, Regions, and Regulation that is reasonable – to ensure the state's continued strong growth.

The five industries – agriculture, mining and gas, tourism, timber and property – collectively employ one in three Queenslanders. AgForce, Queensland Resources Council (QRC), Queensland Tourism Industry Council (QTIC), Property Council of Australia (PC) and Timber Queensland (TQ) have joined forces to call on the next State Government to prioritise the Three Rs "to ensure a strong post-COVID recovery".

At a time when Queensland has recorded Australia’s highest unemployment rate, with forecasts it will rise to nine percent, the five peak organisations have established common ground and United for Recovery on behalf of their sectors and the community. They are calling on the next Queensland Government to commit to developing the state’s regions, stabilising the Budget and collaborating effectively with industry bodies on regulation.

AgForce general president Georgie Somerset said regional Queensland was the engine room of the state’s economy and needed appropriate policy settings to be able to deliver maximum value for all Queenslanders.

“Agriculture – driven by around 18,000 primarily family-owned farms who feed and clothe us – pumps $18 billion into the economy annually and is the cornerstone of thousands of rural and regional communities,” Mrs Somerset said.

QRC chief executive Ian Macfarlane said each industry body shared the view that keeping Queenslanders earning, working and contributing to the state economy was the best way to respond to and overcome the challenges of COVID-19.

“The Queensland resources industry contributed $74 billion to the state economy last year and supported the jobs of 372,000 people, so we’re asking the next government to work closely with our sector for the benefit of all Queenslanders to create more jobs and stimulate a strong economic recovery from COVID,” Mr Macfarlane said.

QTIC CEO Daniel Gschwind said tourism delivered vital economic benefits to regional communities that supported thousands of jobs in all parts of the state.

“A partnership with government is critical to develop catalytic infrastructure and provide an efficient regulatory framework to fully activate tourism’s potential for the recovery,” Mr Gschwind said.

PC’s Queensland executive director Chris Mountford said unlocking private sector investment must be at the forefront of any new government's agenda.

"The private sector is ready and willing to invest and create new jobs in Queensland, however without the right tax settings in place, that investment will find a new home elsewhere," Mr Mountford said.

TQ CEO Mick Stephens said the forest products industry supported many regional jobs and delivered much needed timber supply into the state’s building and construction sector.

“Having more certainty around regulation and infrastructure will improve the investment environment and allow the industry to grow and further contribute to regional jobs and prosperity,” Mr Stephens said.

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