THE Australian Small Business and Family Enterprise Ombudsman, Kate Carnell has welcomed the Australian Competition & Consumer Commission’s (ACCC) proposed exemption to collective bargaining for small businesses.

“This proposal is good news for small business.” Ms Carnell said.

“It is broad-ranging and in line with our submission to the ACCC regarding this issue.

“The proposed exemption allows most small businesses to collectively negotiate with their suppliers and processors, without having to seek ACCC approval first.

“Franchisees in particular will see tangible benefits as they band together to bargain for better outcomes on pricing and contract terms.

“This proposal makes it simpler and cheaper for eligible businesses and franchisees to collectively negotiate if they choose.

“It’s another important step towards levelling the playing field for small business.”

THE Australian Small Business and Family Enterprise Ombudsman, Kate Carnell is pleased by the Australian Competition & Consumer Commission’s (ACCC) proposal for improved transparency around the Australasian Performing Rights Association’s (APRA) operations, but says more needs to be done to ensure small business artists and venues are treated fairly.

“The ACCC has clearly heard our concerns over the lack of transparency with regard to APRA’s reporting obligations,” Ms Carnell said.

“We are encouraged by the regulator’s proposal to grant authorisation for a further five years with conditions that require APRA to be far more transparent about licence fees and the way it pays royalties to members.”

As part of the proposal, APRA would be required to publish information about how it calculates licence fees, produce a plain English guide to its distribution policies and to publish an annual transparency report with information on rights revenue, operating costs and payments to members.

“While these measures are a step in the right direction, we believe the requirements need to go further,” Ms Carnell said.

“APRA must also be required to disclose in detail exactly what licence fees cover, for example artists on streaming services are not necessarily covered by APRA’s licence.

“In our follow-up submission to the ACCC, we will again raise the need for comprehensive community radio coverage, so that emerging Australian artists whose airplay is mostly through alternative channels such as community radio, internet radio and other broadcasters are paid the royalties they are entitled to.

“We will also re-submit our view that APRA must ensure licence fees provided to venues are tailored for actual use, rather than capacity.

 “These and a number of other issues are critical to the future of Australian small businesses and need to be addressed before the APRA licence is re-issued.”

www.asbfeo.gov.au

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THE LATEST Federal Court judgement handing down over $130,000 in fines sees the total penalties against building unions for breaking workplace laws now exceeds four million dollars – this financial year alone – according to Master Builders Australia.

"Building unions have now racked up over $4 million in fines for bullying and illegal conduct on building sites in just one financial year alone" said Denita Wawn, CEO of Master Builders Australia. 

"This high amount over such a short time gives four million extra reasons why the ABCC is essential to ensure everyone plays by the rules on building sites," she said. 

Within the judgment (ABCC v Richard Xavier Hassett, Kevin Harkins and the CFMMEU) the Federal Court found that two building union officials had committed serious safety breaches and broke Right of Entry of laws, representing six separate contraventions of the Fair Work Act 2009 and resulting in penalties of almost $140,000. 

In handing down the penalties, Justice O’Callaghan said that the officials conduct was a: 

 "serious breach of [the Fair Work laws]… because it was very dangerous, which [the official] must have known, and it was serious because [the official] gained entry to the site purportedly in respect of safety corners – only to place the crane operator and others potentially in harm’s way."

The Court went on to find that the dangerous conduct: 

"…was made all the more serious by the fact that when he was told to get off the crane, he refused." 

His Honour also noted the same official had committed similar breaches of safety and workplace laws on multiple occasions in the past, and referenced the conduct of the union more broadly noting it was: 

“a large organisation with significant financial resources which exhibits apparent willingness to contravene the [Fair Work Act] in a serious way to impose its will”. 

"Building unions need to stop thinking that the laws don't apply to them and play by the rules like everyone else," Ms Wawn said.  

"This is exactly why the ABCC is so crucial in protecting workers and small businesses."

RESEARCH released today proposes low carbon gas policy incentives that could help efforts to decarbonise the nation’s economy.

The report, by energy consultant Energetics, will be launched at the Renewable Gas in Australia Symposium, jointly hosted by Energy Networks Australia and Bioenergy Australia.

Energy Networks Australia CEO Andrew Dillon said the research was a welcome contribution to work such as the National Hydrogen Strategy, exploring how to harness existing resources and new technologies to help reduce emissions.

The Renewable Gas Symposium will explore emerging innovations and research in hydrogen and biogas.

Delegates will hear about projects and case studies underway, the drivers pushing businesses to consider utilising low carbon gas and the injection and policy mechanisms needed to support it being blended into existing gas networks.

The event will also feature international presentations showcasing the lessons Australia could learn from other countries that have capitalised on low carbon gas opportunities.

Recent advice released by Energy Networks Australia confirmed that injection of hydrogen into the gas distribution network can be done under current gas legislation.

“Hydrogen can play an important role in not only helping Australia’s gas networks decarbonise but as energy storage,” Mr Dillon said.

“Flexible hydrogen production can help soak up excess renewable electricity on sunny and windy days, then fuel cells can generate emissions-free power on still evenings.”

As demonstrated in Energy Networks Australia’s Gas Vision 2050 report, hydrogen’s scope is impressive, with potential to widen customers’ power options, improve and increase renewable generation, provide options for mobility and even create a new energy export market.

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