THE shock resignation of a senior and well-respected member of Australia’s national employment tribunal, the Fair Work Commission, raises serious questions about the operation, effectiveness and relevance of the Commission and the workplace relations laws it administers.

The Australian Financial Review today reports longstanding FWC Vice President Graeme Watson has resigned from his position and written a letter to Minister for Employment Michaelia Cash outlining grave concerns with the way workplace relations is regulated and administered in Australia.
 
“Vice President Watson is well respected by all users of Australia’s workplace system and, in almost 10 years’ service to the employment tribunal, has proven to be fair, objective and pragmatic in his application of Australia’s workplace relations laws,” AMMA chief executive Steve Knott said.
 
“While VP Watson’s resignation is a real loss to the Fair Work Commission, of even greater concern is the dysfunction in the tribunal and our workplace laws that has prompted the early resignation of one of its most senior and widely respected members.
 
“This is the second senior FWC member to have recently left the tribunal well before their statutory retirement date. Senior Deputy President Peter Richards, a Howard Government appointee like VP Watson, left in September 2016.”
 
Many of the concerns outlined by VP Watson to Minister Cash echo those detailed by AMMA in a letter to the Minister last October, which included:
 

• Increasing evidence that the FWC is dysfunctional, not serving users well and appearing to pursue political agendas rather than assisting constructive workplace relations outcomes.
   
• The growing need for an independent appeals tribunal to ensure greater rigour and consistency in the decisions of the FWC, including that its members respect established Full Bench principles.
   
• The application of the Fair Work Act’s unfair dismissal and adverse action provisions seeing employees rewarded for making speculative claims against their employers, even where their actions clearly justify dismissal from their workplaces.
   
• The failure of enterprise bargaining to support productivity and industrial harmony in Australian workplaces, and instead rewarding unions for threatening and taking strike action.
   
• Increasing instances where the FWC is not approving agreements based on technicalities such as minor typos in forms or documents incorrectly stapled together.

“The issues raised in the Vice President’s resignation letter add further weight to previous calls from the business community for the government to conduct an urgent review of the Fair Work Commission, its structures, powers and decision making,” Mr Knott said.

“The serious problems identified by VP Watson also reaffirm the importance of the government acting on the Productivity Commission’s 2015 review of Australia’s workplace relations framework, and implementing the majority of its recommendations for reform during 2017.”

Click here to learn more about AMMA’s workplace relations reform priorities.

www.amma.org.au

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THE Victorian Chamber of Commerce and Industry today launches its pre-budget submission to the State Government, outlining nine key recommendations that are vital to ensure success for Victorian businesses in 2017-18 and beyond.

A key recommendation of the Victorian Chamber’s submission is for Victorian agribusiness to be the next priority in the State Government’s small business regulation review.

The Victorian Chamber believes this must be done through a complete review of regulatory burdens facing those operating in the agribusiness sector.

Victorian Chamber of Commerce and Industry Chief Executive Mark Stone AM said specific reforms to red tape should be identified and implemented to support the industry.

“Victoria’s is known to be a producer of high quality food and fibre and simplifying regulatory processes must be promoted and prioritised to enable business expansion,” he said.

“Our state’s agribusiness producers have indicated that costly and unnecessary red tape needs to be addressed if we are to enable them to be more competitive at home and abroad.

“We must improve the regulatory process for agribusiness producers so it is not as complex and inconsistent as it currently is, across all three levels of government. If regulation is simpler and easier to navigate, our state will benefit from more innovation and business startups, and lift our reputation as a premium agribusiness producer.”

The Victorian Chamber is delighted that one of its longstanding recommendations, the North East Link, has already been committed to prior to the budget being handed down.

Other recommendations of the Victorian Chamber’s State Budget Submission are:

• Increase the payroll tax threshold to $850,000 by 1 July 2018
• Allocate $25 million to extend Back to Work to small businesses with turnover of less than $2 million
• Create a $5 million Export Insights program to help new exporters engage with international markets.
• Allocate $23 million a year to support Visit Victoria in regional, domestic and international marketing activities.
• Ensure expenditure growth does not exceed revenue growth.

About the Victorian Chamber of Commerce and Industry

The Victorian Chamber of Commerce and Industry, established in 1851, is the most influential business organisation in Victoria, informing and servicing more than 15,000 members, customers and clients around the state.

www.victorianchamber.com.au

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STATES currently considering making changes to the way owner-truck drivers are paid should not ignore the disastrous impact the Road Safety Remuneration Tribunal’s (RSRT) Payments Order had on small businesses, Australian Small Business and Family Enterprise Ombudsman (ASBFEO) Kate Carnell said.

The Federal Government today tabled its response to the ASBFEO’s inquiry into the impact of the Order, which not only found it to be discriminatory towards owner-drivers, but found it caused significant financial and emotional distress for mum-and-dad owner-drivers.

“Our report provided a unique insight into the small business owner-driver sector. It shone a light on issues and concerns that had previously been dismissed, and provided a voice for small businesses who through their experience with the RSRT, felt ignored,” Ms Carnell said.

“In response to our report, the Federal Government has supported the majority of our recommendations, the chief among which is to commit “to never re-establishing the Road Safety Remuneration Tribunal, or a similar body that sets mandatory rates of pay for owner drivers and small transport businesses’.

“We’re now calling on decision-makers in Victoria and New South Wales when reviewing mandated minimum rates of pay in this industry, to embrace our report; to learn the lessons of the past and make the same commitment as the Federal Government to never go down this path again,” she said.

The Victorian Government is conducting a review into the Owner Drivers and Forestry Contractors Act 2005 (Vic) and associated regulations, while the NSW Industrial Relations Commission is considering an application to vary the NSW General Carriers Contract Determination.

“As our report highlighted, the RSRT Payments Order caused significant uncertainty in the road transport industry.  This uncertainty and confusion would arguably be worse if Victoria and NSW were to mandate minimum rates of pay on a state-basis,” Ms Carnell said.

Ms Carnell said it was encouraging to see the Federal Government’s support for ASBFEO recommendations promoting greater road safety education and awareness measures.

“Re-directing the millions of dollars saved from abolishing the RSRT to the National Heavy Vehicle Regulator is money much better spent, however it’s important that timelines soon be put in place for the implementation of a range of flagged measures, to help increase the safety of all drivers as soon as possible,” Ms Carnell said.

“It’s also simply unacceptable that states and territories still have different laws and requirements in this space; we need a truly national system as a matter of urgency.

“The ASBFEO report into the impact of the RSRT Payments Order – and the Government’s response today – highlights our important role as small business advocate; we’re here to provide a voice for small business; to raise issues of concern and ensure governments at all levels, factor-in the impact of legislation and policy on small businesses and family enterprises,” she said.

For a copy of the ASBFEO RSRT Payments Order report visit: www.asbfeo.gov.au.  For a copy of the Federal Government’s response to the ASBFEO report visit: www.docs.employment.gov.au. 

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THE Independent Review into the Future Security of the National Electricity Market, chaired by Australia’s Chief Scientist Dr Alan Finkel, is commencing a wide-ranging open public consultation process.

The Independent Panel’s preliminary report, released on 9 December 2016, included a number of observations and questions to guide these consultations. A blueprint informed by the public’s perspectives will be released in the first half of 2017.

“Electricity is the lifeblood of the nation and I encourage members of the public to share their point of view with the Review Panel,” Dr Finkel said.

The consultation sessions will be held on the following dates:

• Adelaide, Crowne Plaza Adelaide: 30 January 2017: 5 pm – 7 pm
• Brisbane, Sofitel Brisbane Central: 2 February 2017: 5 pm – 7 pm
• Melbourne, Ibis Melbourne Hotel and Apartments: 8 February 2017: 5 pm – 7 pm
• Hobart, Hotel Grand Chancellor: 13 February 2017: 5 pm – 7 pm
• Sydney, Karstens Sydney Function Centre: 15 February 2017: 5 pm – 7 pm

Members of the public are invited to attend the session in their capital city.

The Panel will also hold targeted meetings in capital cities for businesses, researchers, policy specialists and consumer groups involved with the energy sector.

Details on registering for public sessions and the targeted meetings are available on the Department of the Environment and Energy’s website.

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