Business News Releases

Fair Work Commission clarifies FIFO pay dispute – AMMA

AUSTRALIA’S resource employers welcome the Fair Work Commission (FWC) today clarifying that fly-in, fly-out (FIFO) workers should not receive extra pay for a period of rest and relaxation (R&R) which coincides with their notice period when they are demobilised from a job.

“A Full Bench of the FWC has today upheld the longstanding practice in the resource industry whereby employers can give employees notice of demobilisation that runs concurrently with a period of R&R,” explains AMMA legal director Amanda Mansini.
 
“Resource employers welcome the FWC confirming on appeal that R&R is akin to weekends and is not a special kind of leave. The erroneous implication of the original decision was that employees should be paid-out for their R&R time if it falls within notice of their demobilisation.”
 
AMMA intervened to support the appeal of Kentz Australia, which is performing major construction works on one of Australia’s most significant resource sector projects, the Ichthys LNG Project in Darwin.
 
The involvement of Australia’s national peak representative was critical given wider concerns that the original decision could have exposed other resources projects using this longstanding practice to multi-million dollar back-pay claims.
 
“The resource industry intervened based on widespread and ongoing concerns about the barrage of union claims being made for back pay based on the decision at first instance,” Ms Mansini continues.
 
“Any argument that R&R is an entitlement that must be paid-out is fundamentally flawed. It fails to take into account the unique work practices of large-scale remote resource projects and long standing practices when project work comes to an end.
 
“The union line being argued here is like expecting to be paid-out for the weekend when your job finishes on a Friday afternoon.
 
“That logic wouldn’t wash with employees working a standard Monday-Friday job, and thankfully it hasn’t washed with the Full Bench of the Fair Work Commission.”

www.amma.org.au

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Budget to provide breathing space for AAA credit rating - IPA

WHATEVER policy measures come out of next week’s Federal Budget, they should be aimed at giving some respite to combat the threat to Australia’s AAA credit rating, by reducing the size of future budget deficits according to the Institute of Public Accountants (IPA).

“While we will continue to advocate for broad based reforms to our economy including taxation, we are not holding our breath in the short term,” said IPA chief executive officer, Andrew Conway.

“Reducing the size of future deficits will give the economy much needed breathing space to protect our current and much coveted credit rating status and time to continue the reform narrative that will drive Australia’s productivity and future growth.

“Our AAA sovereign credit rating is critical to our economy which relies on overseas capital. By keeping the budget deficits at bay, we keep the wolf from knocking on our door.

“By reducing our future deficits we have a better chance to keep our AAA rating intact which lowers the interest cost for all borrowers, including small businesses. This will give the Government some breathing space in the short term to tackle our long term structural problems, both in terms of revenue and expenditure, which are hurting productivity and our growth prospects.

“One measure being considered is a change to superannuation tax concessions for high income earners whilst providing a fairer system for low-income earners. Taxing high income tax concessions will reap billions which will narrow the size of future budget deficits ahead of structural reforms.

“While high-income earners pay over 45 per cent tax on every dollar they earn above $180,000, they only pay 15 per cent tax on money they divert to their superannuation; the same flat rate offered to low-income earners.

“We do caution, however, for governments not to lose sight of what our superannuation system is designed for; that is, to achieve better and sustainable retirement outcomes which will alleviate pressure on the need for future government paid pensions,” said Mr Conway.

publicaccountants.org.au

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Senate supports owner-drivers, fails construction industry

THE resource industry is briefing a sigh of relief this morning after Parliament supported the abolition of the Road Safety Remuneration Tribunal (RSRT), however employers are disappointed that the Senate once again failed to restore the Australian Building and Construction Commission (ABCC).

“It beggars belief that the Senate could get it so right on abolishing the RSRT and yet so wrong on the ABCC – choosing to continue to turn a blind eye to lawlessness, militancy and thuggery in Australia’s construction industry,” says AMMA executive director Scott Barklamb.

RSRT:

“Rarely is it a good idea to conflate safety with the self-serving workplace relations agendas of highly political organisations such as the Transport Workers Union (TWU),” Mr Barklamb continues.

“AMMA supports existing safety regulators being provided with any additional resources necessary to properly address safety issues for the road transport sector. We never supported an unnecessary new tribunal that was always going to try to force owner-drivers out of business and boost the TWU’s membership.

“The RSRT can now be consigned to history as a flawed and misguided experiment that was shut down before permanent damage was done. With oil, fuel and gas transport scheduled to be next on the tribunal’s rate setting agenda, the resource industry is breathing a sigh of relief.”

ABCC:

“After years of misleading campaigns, hysteria and deliberate attempts by the CFMEU and the Opposition to confuse the debate, AMMA is hardly surprised that the restoration of the ABCC again failed in the Senate,” Mr Barklamb says.

“That the CFMEU yesterday resorted to exploiting the very serious and very emotive social issue of ice abuse shows how desperate the construction union is to maintain its deep-seated culture of law breaking.  This came as our courts yet again handed a significant penalty to a CFMEU official and described the union as having a “woeful history” of contravening workplace relations laws.

“We are disappointed Senate crossbenchers couldn’t see through the spin to recognise that this issue is simply about upholding Australia’s workplace laws, and ridding Australia’s building sites of unlawfulness, thuggery and militancy.

“Resource employers now look to the next Parliament to restore the ABCC and deliver positive outcomes for productivity and lawfulness across Australia’s building and construction sector.”

A national survey of more than 100 resource industry employers, released yesterday, shows 82% support the urgent restoration of the ABCC.

www.amma.org.au

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Andrews Government must deliver pro-business budget - Vic Chamber

THE Victorian Chamber of Commerce and Industry calls on the Andrews Government to take action in tomorrow’s 2016-17 Budget to boost business competitiveness, enhance liveability and create new jobs.

“The government has already said that increases in payroll tax revenue are expected to help generate surpluses totalling $9.2 billion over the next four years,” said Victorian Chamber chief executive Mark Stone.

“It is important that Victorian business benefits from this strong financial position.”

“The Victorian Chamber has consistently called on the government to increase the payroll tax threshold from $550,000 to $850,000 and the budget’s strong financial position shows there is no better time to do so,” said Mr Stone.

Mr Stone said an increase in the payroll tax threshold would drive employment and keep Victoria competitive against other states.

“Victorian business is looking to the Andrews Government to introduce practical measures that lower business costs and encourage jobs growth,” said Mr Stone.

“That’s why our pre-budget submission also calls for a reduction in the average WorkCover premium, cuts to red tape, new productivity enhancing infrastructure and a new international engagement strategy.”

Mr Stone said the Victorian Chamber had welcomed the government’s recent announcement of $1.46 billion to progress the $5.5 billion Western Distributor project.

“We also seek a commitment to commence the Metropolitan Ring Road from Greensborough to Ringwood in this term of government and funding for a range of vital regional road and rail projects to reduce congestion and grow Victoria’s liveability,” said Mr Stone.

“With historically low interest rates and the fast growing Asian region on our doorstep, the government should use the budget to strengthen international engagement opportunities for Victoria’s priority sectors.

“The release last week of the government’s new China strategy, Partnerships to Prosperity, is a good example of how businesses can be supported to become more internationally competitive and forge new global business opportunities.”

Mr Stone said at a time of consistently high youth unemployment, tomorrow’s budget must also introduce reforms to improve the quality of Victoria’s education and training system.

“This means strengthening employment pathways and boosting apprenticeships and traineeships in the trades and key sectors such as retail, hospitality and tourism,” said Mr Stone.

“Pro-business measures like these will give Victorian business the best chance to stay competitive. They must be a priority in tomorrow’s budget,” said Mr Stone.

The Victorian Chamber’s key recommendations for the 2016-17 Victorian Budget

  1. Ensure expenditure growth does not exceed revenue growth.
  2. Increase the payroll tax threshold from $550,000 to $850,000.
  3. Reduce the average WorkCover premium rate to 1.20 per cent of payroll.
  4. Accelerate the pace and breadth of regulation reform.
  5. Commit to commence the Metropolitan Ring Road in this term of government.
  6. Improve skills, education and training to build workforce capabilities and opportunities, now and into the future.
  7. Develop and fund a new international engagement strategy for Victoria.

For a copy of the Victorian Chamber’s pre-budget submission, visit the website. 

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Confidence restored for owner-drivers: ASBFEO

Australian Small Business and Family Enterprise Ombudsman (ASBFEO) Kate Carnell said Federal Parliament’s vote to abolish the Road Safety Remuneration Tribunal (RSRT) is a significant shot in the arm for small business owner-truck drivers, who were facing a bleak future as a result of the now defunct body.

“Common sense has prevailed with the passage of the Road Safety Remuneration Repeal Bill,” Ms Carnell said.

“Mum and dad owner-drivers around the country are this morning breathing a collective sigh of relief; they can now confidently get back on the road and on with the job of keeping their small businesses running, within a fair and competitive market.

“The RSRT Payment Order had the potential to send many small businesses to the wall, and I congratulate the Turnbull Government, along with the crossbench Senators who supported the repeal bill, for their swift action on this issue,” Ms Carnell said.

Ms Carnell said the decision to re-direct the savings from abolishing the RSRT to the National Heavy Vehicle Regulator (NHVR) is a welcome move. 

“The NHVR is best placed to develop practical measures to help ensure the truck drivers who go out to work on our roads every day, get home safely to their families,” Ms Carnell said.

Ms Carnell said even though the vote to dismantle the RSRT was successful, it will take time for the industry to get back to normal, and urged banks to bear these circumstances in mind.

“I encourage banks and other financial institutions to show some leniency towards owner-driver small business people; many have mortgaged the family home to cover the costs of running their enterprise and may be struggling financially due to the recent upheaval,” Ms Carnell said.

www.asbfeo.gov.au

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