AS THE RETAIL industry’s peak representative body, the Australian Retailers Association (ARA) continues to advocate for employment in the judicial review of the Penalty Rates Decision.

On behalf of the retail industry, the ARA have been at the forefront of the Penalty Rates Decision to increase employment rates in the sector and sustain economic growth across Australia.

ARA Executive Director, Russell Zimmerman said the ARA strongly opposes both United Voice and the SDA’s (Shop, Distributive & Allied Employees Association) application for judicial review of the Penalty Rates Decision, as this would significantly stifle employment growth within the Australian retail industry.

“We are confident the unions’ application will be rejected by the Federal Court, as the Fair Work Commission found that high penalty rates impose numerous operational limitations for retailers,” Mr Zimmerman said.

“The Full Bench accepted evidence that reducing penalty rates leads to increased trading hours on Sundays and public holidays, which provides further opportunities for employment growth within the sector.”

With the retail industry already operating in an unstable trading environment, the ARA believes a reversal of the Penalty Rates Decision would further impede on retail growth and the nation’s economic sustainability.

“We are most certain that if the Penalty Rates Decision is reversed, the Australian retail industry will fall further behind our international competitors and will no longer be able to compete with global giants entering our shores,” Mr Zimmerman said.

The judicial review of the Penalty Rates Decision will be conducted by the Federal Court on 26, 27 and 28 September in Melbourne.

About the Australian Retailers Association:

Founded in 1903, the Australian Retailers Association (ARA) is the retail industry’s peak representative body representing Australia’s $310 billion sector, which employs more than 1.2 million people. The ARA works to ensure retail success by informing, protecting, advocating, educating and saving money for its 7,500 independent and national retail members throughout Australia. For more information, visit www.retail.org.au or call 1300 368 041.

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THE Australian Securities and Investments Commission has today launched its data strategy for 2017-20. The strategy, which outlines how ASIC will capture, share and use data, will transition ASIC into a more data-driven and intelligence-led organisation.

ASIC's data strategy outlines a number of data initiatives that have been completed or will be put in place over the next three years, including:

• creating a Chief Data Office
• establishing a number of frameworks and bodies aimed at strengthening data governance
• ensuring cyber resilience and privacy protection
• establishing a data science laboratory, and
• engaging nationally and internationally to improve data management and analytics capabilities.

In launching the strategy, ASIC Chairman Greg Medcraft said that good quality, well-governed data was a key foundation for good regulatory decision making.

'Our data strategy outlines how ASIC will improve the way we capture, share and use data. The intelligence and insights we derive from analysing our data will give us a better understanding of the regulatory environment, so that we can detect, understand, respond appropriately and ultimately, contribute to the financial well-being of all Australians.'

The strategy is part of the 'One ASIC' approach, which is aimed at utilising data to connect the dots to achieve better regulatory outcomes through people, processes, technology and culture and governance.

• Read ASIC's data strategy

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THE Australian Small Business and Family Enterprise Ombudsman has written to Amazon to ensure the company complies with Australia’s unfair contract terms legislation.

Ombudsman Kate Carnell said the pending arrival of Amazon Marketplace in Australia represented an opportunity for many small businesses to compete online and extend their reach.

But Ms Carnell also wants to remind the company of its obligation to treat small businesses fairly in accordance with Australian law.

“Some businesses are concerned about the threat of competition while others are excited to embrace the opportunity that Amazon offers,” Ms Carnell said.

“For consumers the Amazon Marketplace promises to expand choice and put downward pressure on prices.

“I’m interested to see how Australian small businesses can accelerate sales and broaden their customer base though the Amazon platform.”

Ms Carnell said analysis of the Amazon Marketplace contract terms in the United States suggested they would have to be changed in Australia to comply with federal legislation.

“From 12 November 2016, changes to the Australian Consumer Law protect small business from unfair terms in standard-form contracts,” Ms Carnell said.

“A standard-form contract is one that has been prepared by one party and where the other party has little or no opportunity to negotiate the terms.

“An unfair term is one that causes a significant imbalance in the parties’ rights and obligations and causes detriment to a small business if it were applied or relied upon.” 

Ms Carnell said in Amazon’s United States terms and conditions, the company reserves the right to refuse service, terminate accounts, terminate rights to use Amazon services, remove or edit content, or cancel orders at its sole discretion.

“This may be considered unfair as action can be taken by one party, Amazon, but not the other party, the vendor, to terminate the contract,” she said.

“I’ve requested that Amazon review the terms and conditions in use for standard form contracts in its Australian operations to ensure they comply with the unfair contracts terms legislation.”

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