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IR changes cannot threaten tradies independence says HIA

Current talks around changes to industrial relations (IR) laws "should unequivocally exclude any changes to the right of Australian tradies to work as independent contractors" HIA policy and industry deputy managing director Jocelyn Martin said today.

Ms Martin’s call comes as Federal and State Governments and industry representatives meet in Canberra this week to discuss a broad range of changes to areas in the IR space.“Independent contracting arrangements are a long-standing feature of the residential building industry. The industry relies on these work arrangements as a way of productively managing the needs of building businesses, especially smaller businesses,” Ms Martin said.“HIA estimates that over 80 percent of the work completed in the sector is performed by independent contractors.“For residential builders, it provides a flexible, workable and efficient model for engaging workers and managing the peaks and troughs of the home building cycle. Builders rely on access to good and reliable trade contractors to maintain competitiveness.“Australians rely on independent contractors to build the houses that feed the desperate demand for affordable housing," Ms Martin said.“Federal and State Governments have long held different views on what constitutes an independent contractor creating challenges for the industry but threatening the ability for a trades person to remain their own boss, by forcing them to be classified as an employee would be a backward step.“HIA is well equipped to help all sides of politics come to a sensible based definition for independent contracting, that will not impede the right for trades people to work independently.“HIA suggests there needs to be a single national objective test, based on the ATO’s approach, to distinguish employees from independent contractors," she said."The ATO considers whether a person works to produce a result, provides plant and equipment or tools of the trade (if required) and whether they are liable for rectification of any defective work to distinguish independent contractors from employees."The advantage of this approach is that instead of defining an ’employee’, the rules merely identify who is an independent contractor," Ms Martin said.“The task of governments should be to preserve and enhance genuine independent contracting businesses, not force small business to become employees.“Restricting the use of independent contracting in the residential building industry will only serve to undermine the contribution of the sector to overall economic growth and exacerbate the challenge of making housing more affordable,” Ms Martin said.

 

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AFCA welcomes new scams initiatives

THE Australian Financial Complaints Authority (AFCA) has welcomed the announcement of new banking initiatives that seek to address the scourge of scams.

“We see every day, in our work with consumers and banks, the devastating impact scams can have on people,” AFCA’s chief ombudsman and chief executive, David Locke said.

“We welcome any initiatives by banks to seek to protect their customers, including the innovative use of technology.”

The Commonwealth Bank of Australia (CBA) today announced it is introducing 'NameCheck' technology for money transfers along with caller verification via the CommBank app.

AFCA is an ombudsman service that works with consumers and financial firms when they find themselves in dispute.

In 2021-22, AFCA received 4,131 complaints in relation to scams, an average of around 340 a month. That was up 28 percent on the previous year.

In the current financial year, this has increased to an average of 400 scam-related complaints a month.

“It’s not just the volume of complaints involving scams that is increasing, but also the sums involved,” Mr Locke said. "People are losing home deposits and retirement savings. We know that vulnerable people can be just as devastated by the loss of money they’d set aside for bills.

“This mustn’t continue, and we encourage all banks to consider what further steps they can take.”

Mr Locke said AFCA would continue to engage with industry, consumer groups and regulators, sharing its complaints data and insights, in the joint effort to reduce scam transactions.

About AFCA

The Australian Financial Complaints Authority (AFCA) is a non-government ombudsman service providing free, fair and independent help with financial disputes. AFCA is a one-stop-shop for consumers and small businesses who have a dispute with their financial firm, over things such as banking, credit, insurance, advice, investments or superannuation. Where an agreement cannot be reached between parties, AFCA can issue decisions that are binding on financial firms.

 

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Workforce Australia Employment Services inquiry calls for ‘honest, direct and bold’ submissions

THE Federal Government’s Select Committee on Workforce Australia Employment Services is calling for submissions on key issues with Workforce Australia, as well as advice and proposals to improve employment services in the future.

Submissions are requested by February 28, 2023.

The committee has published a Submissions Guide which identifies key issues, themes and insights arising from the committee’s preliminary investigations, provides an overview of the current system, and sets out questions that may assist in the framing of a submission.

Committee chair, Julian Hill MP said, “This inquiry is a comprehensive, first-principles review of Workforce Australia hence nothing is off the table. We are actively questioning all assumptions about the design and implementation of employment services in Australia, as well as a range of other issues related to jobseekers’ and employers’ interactions with employment services. Fundamental aspects of the system require re‑examination.

“A well-known definition of insanity is doing the same thing over and over but expecting different results. Yet this is what Australia has done for decades now with the employment services system.

“This has led to a system which failed to effectively invest in Australian jobseekers and to support people into sustainable employment, and which has failed to engage and assist the vast majority of employers.

“The submission guide will make it easier for people to contribute as the employment services system is very complex and the inquiry is very broad.  The guide also invites expert submitters to assist the committee by helping to answer a range of specific questions as clearly and concisely as possible.

“Please be honest, direct and bold in your submissions.”

The committee especially encouraged people who had first-hand, lived experience with the system to share their views and recommendations for change.

Copies of the documents provided to the committee by the Department of Employment and Workplace Relations at its first public hearing on November 3, 2022 are now online. These provide a range of details on Workforce Australia that may be useful for submitters.

All contributions to the inquiry would be welcomed, Mr Hill said. He said submitters may address as many or as few matters set out in the guidance material as they wished. Submissions may also highlight other issues, so long as they remain directly relevant to the Terms of Reference.

Further information about the inquiry, including future public hearings, published submissions and hearing transcripts, are available on the inquiry website.

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Workforce Australia Committee conducts its final public hearing on ParentsNext today in WA

THE Select Committee on Workforce Australia Employment Services will conduct its final public hearing relating to ParentsNext today, February 1,  2023 in Perth. 

The committee will hear from policy and advocacy bodies, service providers, and Western Australia Government agencies.

The hearing follows two days of meetings with stakeholders in Perth and regional WA. The committee will explore current service models and gain insights from employers, local business, and members of First Nations communities.

Committee chair, Julian Hill MP, said, "As the committee finalises the first major component of its inquiry, it is important that we hear about the services and supports available at the state level, and the challenges of service delivery in a state as large and geographically isolated as WA. The involvement of stakeholders in all sectors, and in all states and territories, will be critical to ensuring that pre-employment services meet the needs of our community."

The committee will make recommendations relating to ParentsNext by the end of February 2023, as part of its larger inquiry into Workforce Australia Employment Services.

Information about the inquiry, including Terms of Reference, future public hearings, published submissions and hearing transcripts, is available on the inquiry website.

Public hearing details

Time               8.15am – 11.45am (Perth Time)Location         Duxton Room 1, Duxton Hotel, 1 St Georges Terrace, PerthWitnesses     Western Australian Council of Social ServiceAnglicare WAWomen’s Health and Family ServicesatWork AustraliaTraining Alliance GroupWA Department of Training and Workforce DevelopmentWA Department of CommunitiesOffice of the Chief Nursing and Midwifery Officer, WA Department of Health           

An audio broadcast of the hearing will be available via the Watch, Read, Listen website.

 

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'Let’s put students at the centre of funding decisions' says ITECA

A sSTUDENT-CENTRIC approach to skills training and higher education funding is the overarching theme in a number of recommendations for the 2023 Australian Government Budget set out by the Independent Tertiary Education Council Australia (ITECA). 

ITECA is the peak body representing independent body representing skills training, higher education, and international education providers.

“The Australian Government has a provider-centric approach to tertiary education funding, and that doesn’t serve the nation well.  To ensure that the capacity of the skills training and higher education sectors can be fully leveraged to address the nation’s skills shortages, we need to create a student-centric tertiary education funding model,” ITECA chief executive.Troy Williams said.

In its 2023 Australian Government Prebudget Submission, ITECA has highlighted the need for governments to back a student’s choice of skills training or higher education provider, whether this is an independent provider or a public one.

“Australia’s tertiary education system really doesn’t empower students," Mr Williams said. "Often they can’t access funding to study with the provider of their choice to undertake studies in areas in which skills shortages abound. 

"What’s worse is that some students have to pay an egregious student loan tax simply because they choose to study with an independent tertiary education provider,” he said.

ITECA’s submission also makes a number of recommendations to significantly cut red tape in a way that will preserve the protections currently afforded to students.

“We have one national regulator for skills training and another national regulator for higher education. These two bureaucracies regulate the same activities undertaken by tertiary education providers in very different ways. ITECA has provided recommendations to align the work of these two regulators,” Mr Williams said.

A key recommendation in the submission to better support the international education sector is ITECA’s proposal to appoint a Commissioner to coordinate the different activities of the Australian Government.

“There are too many government departments and agencies undertaking overseas marketing activities in a disjointed fashion with confusing and sometimes contradictory messages. Added to this, onshore policy and program activities for international education are similarly disjointed and lacking in cohesion,” Mr Williams said.

The recommendations set out in the prebudget submission reflect ITECA’s member-driven policy leadership and the role of independent tertiary education providers.

According to government data referenced in the ITECA State Of The Sector Report, independent Registered Training Organisations (RTOs) support more than 87 percent of the 4.3 million students in skills training, including more than half of all apprentices and trainees. Independent providers support around 10 percent of the 1.6 million students in a higher education awards program.

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