TWO decisions of the Fair Work Commission take effect this weekend –  an immediate 3.3 percent increase in the minimum wage; and a staged variation in penalty rates under the Hospitality, Fast Food, Retail and Pharmacy Awards.

The decision does not apply to people employed under enterprise agreements or in other sectors for example nurses, police and paramedics.

Australian Small Business and Family Enterprise Ombudsman, Kate Carnel said, "Small business operators will be paying more in wages to their employees from this weekend. The minimum wage increase is significantly higher than inflation and helps offset the initial reduction in Sunday penalty rates.

"Big business and unions have made deals in the past through enterprise agreements which traded penalty rates for union membership.

"Small businesses don’t have the capacity to negotiate enterprise agreements and continue to grapple with the most complex award system in the world.

"The Fair Work Commission decision is welcomed as a positive first step towards modernising the system," Ms Carnell said.

"It’s a shame that unions are running a scare campaign against the penalty rates decision of the independent umpire while accepting the higher minimum wage."

www.asbfeo.gov.au

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THE National Transport Commission (NTC) yesterday released the latest package of proposed amendments to the Australian Road Rules (ARRs) for public consultation.

Chief Executive of the NTC Paul Retter said the rules are periodically reviewed to ensure they remain consistent and contemporary.

“The proposed changes aim to harmonise the road rules across the states and territories to improve road user safety. For example, in November 2016 transport ministers agreed to pursue a national approach to motorcycle lane filtering which is included in this proposed amendment package,” Mr Retter said.

The changes take into account feedback from consultation with police and road agency representatives from each of the states and territories, as well as a Commonwealth representative.

Other key changes include:

• new load restraint requirements to improve clarity about legal obligations
• updating technology-based terminology for rules that govern the use of visual display units and mobile phones
• new rules that impose restrictions on drivers’ use of ‘bus only’ lanes.

The draft amendments and a document explaining the proposed changes are available on the NTC website. Submissions are open until 5pm, Friday, 11 August 2017.

Feedback from this consultation will inform the amendment package that will be presented to the transport ministers for approval at the Transport and Infrastructure Council meeting in November 2017.

Once approved, each state and territory will move to adopt changes by passing legislation to amend local transport laws.

Introduced in 1999, the Australian Road Rules contain the basic road rules for motorists, motorcyclists, cyclists, pedestrians, passengers and other road users. They form the basis of the road rules adopted in legislation by each Australian state and territory. As model laws, they have no legal effect of their own.

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THE Parliamentary Joint Committee on Intelligence and Security has today presented a bipartisan report on the Telecommunications and Other Legislation Amendment Bill 2016.

The Bill introduces laws to manage national security risks of espionage, sabotage and foreign interference to Australia’s telecommunications networks and facilities.

The Committee recommends that the Bill be passed by the Parliament, and makes 12 further recommendations for improvements to the proposed framework.

“I am pleased to present a bipartisan report on this important piece of national security legislation”, the Chair of the Committee, Mr Andrew Hastie MP, said.

“The Committee recognises that protecting telecommunications infrastructure requires a joint partnership between Government and industry. Our recommendations will strengthen the proposed security framework by providing greater clarity and certainty for industry, encouraging information-sharing by the Government, and enhancing the transparency of the regime’s operation”, Mr Hastie added.

The Committee’s recommendations include:

• providing further clarity in guidelines to industry on the extent of the framework’s application in areas such as cloud computing and over-the-top services,
• ensuring effective and regular information-sharing between government and industry, in particular in relation to threat information,
• introducing a specific obligation for industry to notify government of any new or amended offshoring arrangements in relation to retained telecommunications data, and
• specifying annual reporting requirements in the legislation.

The Committee has also recommended that the framework be reviewed after three years to ensure it is operating effectively.

During its inquiry, the Committee received written submissions from industry, government and academia and held public hearings on the Bill. The inquiry followed several rounds of consultation with industry and the public since 2012.

The full report can be accessed via the Committee’s website.

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THE Joint Select Committee on Government Procurement today released its final report into the Australian Government’s procurement rules, including a range of recommendations for improving the rules on how the Government spends its money.

The Committee’s recommendations include:

• amending the rules to require all goods purchased by the Australian Government to comply with national standards;
• the introduction of policies to promote environmentally sustainable procurement and best practice terms and conditions for subcontractors;
• the appointment of an independent Industry Advocate to provide support for businesses to access Commonwealth contracts, to provide advice to government agencies, and to evaluate and monitor the economic benefit associated with government procurement; and
• the publication of comprehensive guidelines to inform officials’ application of the rules in a consistent, transparent and equitable manner.

Committee Chair Senator Nick Xenophon believes the new procurement rules, introduced in March, have the potential to deliver significant benefit to the Australian economy by providing important support to Australian industry.

“Implemented effectively, the new rules will enable a broader, more accurate consideration of value-for-money in procurement decision making,” Senator Xenophon said.

“However, their impact will be dampened unless the Australian Government act swiftly to address the implementation concerns identified in this report.

“A national Industry Advocate, cast on the highly successfully South Australian model, is urgently needed to overcome a current procurement culture focused on lowest cost rather than value for money, lacking in transparency and unaware of the benefits of engaging Australian businesses.”

Last financial year, more than $56.9 billion was spent by the Australian Government on the goods and services required to deliver its policy objectives. More than 10,000 businesses were contracted to deliver these items, including 9,595 small to medium businesses.

The Joint Select Committee on Government Procurement was formed to investigate the implementation of the new Commonwealth Procurement Rules, which came into effect on 1 March 2017. The Committee considered how the implementation of the new rules could be strengthened to increase the economic benefit procurement delivers to the Australian economy.

For further information about the Committee, or to view its final report, visit the Committee’s website.

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