Business News Releases

Coal miners strike a legal blow against the 'permanent casual labour hire rort'

THE Mining and Energy Union has struck a powerful legal blow against Australia’s "permanent casual labour hire rort", with a big win in the Federal Court for former employees of the Sub-Zero labour hire firm.

The court heard employees of Sub-Zero worked as permanents, but were engaged under a contract that described their employment as casual and offered a flat hourly rate of pay. This rate was claimed to incorporate a 25 percent casual loading. When Sub-Zero went into insolvency its employees made claims under the Fair Entitlements Guarantee (FEG) scheme. FEG recognised the workers were permanent, and not casual, but withheld the 25 percent casual loading from their claims.

The Mining and Energy Union has fought this through the courts, culminating in today’s Federal Court ruling that it is wrong to consider the 25 percent casual loading as an offset of the rights these workers had as permanent employees.

“This is yet another powerful legal blow to the shameful ’permanent casual’ labour hire rort in this country,” CFMEU mining and energy northern district president Peter Jordan said.

“It’s a fantastic victory for these mine workers who are now going to be tens of thousands of dollars better off on average. And we’ve also established a precedent that will apply to future labour hire companies that go into insolvency.

“This Federal Court victory follows on from our landmark Skene and Rossato victories that found the ‘permanent casual’ labour hire rort to be invalid. The Morrison Government should take the hint," he said.

“The courts have been loud and clear. In Australia, if you work somewhere permanently and predictably, then you’re a permanent. That entitles you to a package of rights and conditions. Employers can’t label you as a casual to strip you of those rights.

“The Morrison Government, instead of trying to legalise the rort through its IR Omnibus bill, should now move to stamp the practice out," Mr Jordan said.

“Mining companies in Australia can continue to make extremely healthy profits without resorting to these mean and tricky games. There’s no justification for their rort aside from base greed.

“Any decent Australian Government would now recognise the legal position, recognise the moral position, and tell employers the gig is up.

“If the government refuses to wake up, however, our union will keep fighting to ensure permanent workers are recognised as permanents and given the rights and conditions they deserve.”

ends

Queensland in prime position to supply world with critical minerals for renewables

QUEENSLAND is poised to become a global leader in the supply of key minerals needed to create renewable energy, according to Queensland Exploration Council (QEC) chair Kim Wainwright.

Speaking in the lead-up to the QEC’s annual exploration forum in Brisbane on February 19, Ms Wainwright said local exploration companies were busier than ever across all commodity sectors.

“We are seeing renewed exploration activity in the gas industry in particular, in fact, the September 2020 quarter was the highest exploration expenditure we had seen since 2015 levels,” she said.

“For critical minerals, activity has not really slowed at all. The State Government is eager to facilitate exploration development and investors are keen to get on board with the minerals that are leading technological advancements in renewable energy, battery storage and defence systems to name a few.”

Ms Wainwright said Queensland was rich in new economy minerals such as cobalt, copper, vanadium, magnesite and bauxite.

“These in-demand commodities are abundant in Queensland’s north-west and north-east regions so there is a keen appetite to learn more about how to responsibly and economically explore and develop these deposits,” she said.

“The future of hydrogen and how the State Government plans to encourage investment in this emerging low carbon fuel source is another hot topic which we know will attract a lot of interest at next week's forum.”

World leading mineral geology researcher, professor Rick Valenta from The University of Queensland’s Sustainable Minerals Institute and QEC Research Working Group Chair, echoed Ms Wainwright’s comments, saying it was an exciting time for the state’s minerals industry with never before released Queensland geological data scheduled to be publicly available later this year. 

“This data will help us better understand and define Queensland’s resource deposits and potentially uncover hidden exploration opportunities,” Prof. Valenta said. 

Ms Wainwright said coal remained the leading resource target in Queensland in terms of exploration expenditure. 

“With coal prices now back at pre-COVID levels, this is further stimulating investment in coal exploration projects,” she said. 

This year the QEC’s Exploration Initiatives for the Future forum will showcase ‘war stories’ from four explorers who received highly sought after grants under the State Government’s Collaborative Exploration Initiative (CEI). 

To qualify for up to $200,000 in exploration funding, grant recipients are required to share their learnings with the industry to enhance collaboration, innovation and outcomes.  

Ms Wainwright said it was vital for explorers to learn from each other’s successes and failures so they could adapt and extend their own exploration and development work.

“By its very nature, exploration is speculative and can be exciting, but it can also be extremely stressful and prohibitively expensive with sometimes nothing to show for your efforts,” she said.

“Through the QEC, which is the Queensland Resources Council’s exploration arm, we’re creating a dynamic space for people and companies to communicate and collaborate so our industry can play a lead role in providing new economy minerals to meet the world’s future renewable energy needs.”

Speakers at next Friday’s forum include Australian Hydrogen Council deputy chair and Origin Energy general manager for Future Fuels, Felicity Underhill on the future of hydrogen and the Origin Energy Hydrogen Project; Aeon Metals’ exploration manager Dan Johnson will speak about Aeon’s progress and results achieved as a result of a CEI grant; and senior research fellow Dr Anita Parbhakar-Fox from UQ’s Sustainable Minerals Institute will present on the geometallurgy of mine waste and critical minerals.

To register for the QEC’s one-day forum at the Stamford Plaza, Brisbane click here.

ends

 

TPB consults on proposed changes to continuing professional education

THE Tax Practitioners Board (TPB) today released two exposure drafts for consultation on its continuing professional education (CPE) policy requirements.

The TPB undertook a review of its CPE policy requirements and released a public discussion paper on February 19, 2020. The TPB considered the comments and submissions received and has released the drafts for further consultation.

One of the key changes, supported by the initial feedback, is the increase in the minimum number of CPE hours to 120 hours over three years for all registered tax practitioners.

The TPB chair, Ian Klug AM said, "Most tax practitioners provide excellent service to their clients. CPE is critical to maintaining skills and competence. The TPB recognises the increasingly complex environment that businesses operate in and constant changes to taxation laws. The scope of services provided by tax practitioners has also expanded over time.

"The proposed CPE standard of 120 hours over three years equates to less than an hour per week. This proposal also aligns with the standard of some other professions and matches the requirements of some professional associations.

"Ongoing education enhances the integrity of the tax profession, better supports client needs, and builds community confidence in the tax system. We welcome feedback from practitioners, their associations and any other interested parties that can assist the TPB in setting the right CPE standards."

Other proposed changes that provide for greater flexibility include the ability for tax practitioners to elect either a calendar or financial year basis for their three-year CPE period and to include an amount of educative health and wellbeing activities to count towards their CPE.

Mr Klug said this consultation process would help shape the future direction of CPE requirements for tax practitioners. The TPB will consider all feedback received before finalising its position and provide appropriate transitional arrangements to help tax practitioners to comply when changes are implemented.

The consultation is open until March 11, 2021. Written submissions can be sent via email to This email address is being protected from spambots. You need JavaScript enabled to view it. or by mail to:

Tax Practitioners Board
GPO Box 1620
SYDNEY NSW 2001

 

ends

CIMIC must hand back JobKeeper after massive profits

MULTINATIONAL construction giant CIMIC Group must hand back the $20 million it took in JobKeeper in light of revelations the company made $620 million in profits and delivered more than $468 million to investors through share buybacks and dividends, alleged the CFMEU.

"JobKeeper was designed to keep Australian workers employed through the pandemic, not to underwrite multinational company profits and deliver huge returns to investors," said Dave Noonan CFMEU national construction secretary.

"CIMIC needs to do the right thing and repay the subsidy it took through JobKeeper at the start of the pandemic," he said.

“If this massive multinational company is unwilling to pay up voluntarily Scott Morrison should use the considerable regulatory powers available to him to compel CIMIC to hand the money back.

"Australian workers could rightly feel betrayed when they see Scott Morrison trying to cut their wages through his IR Omnibus Bill while handing out millions in subsidies to highly profitable businesses.

"The Covid crisis hit many Australian workers hard. The hundreds of thousands of people who lost jobs or had their hours reduced will not simply swallow revelations that their pain helped deliver massive profits to multinational companies like CIMIC.

"Scott Morrison needs to show whether he is on the side of Australian workers or the big business lobbyists and corporate donors who too often dictate his government’s policies."

ends

Urgent government action needed to stop silicosis epidemic

LAW FIRM taking a lad in combatting dust diseases, Maurice Blackburn, is supporting calls by the Australian Workers Union (AWU) for tougher national regulations to protect all workers from deadly silica dust.

The AWU has launched a new campaign demanding the Federal Government impose minimum safety benchmarks and tougher penalties across all industries where workers are exposed to silica, rather than only focusing on stonemasons.

Maurice Blackburn principal, Jonathan Walsh said the government’s lack of urgency in addressing the issue was threatening the lives and livelihoods of many thousands of workers.

“I’ve said previously the reforms recommended by the government’s National Dust Diseases Taskforce’s interim report are pathetic and weak,” Mr Walsh said.

“Workers are dying but the Federal Government is effectively sitting on its hands instead of moving quickly to ensure the health and safety of workers.

“It is not enough for the government to focus only on engineered stone when we know that other workers, such as miners and tunnellers can be similarly exposed to highly dangerous levels of silica dust and develop chronic or fatal lung conditions,” Mr Walsh said.

“All Australian workers should have what is known to be best practice when it comes to safety in their workplace – their lives and their families’ well-being shouldn’t be up for negotiation.

“Surely, Australia can do better than that.

“Our client, Joanna McNeill is leading the union’s campaign for urgent action and is sadly suffering the consequences of lax industry safety practices when it comes to silica dust,” Mr Walsh said.

“Only 34 years old and the mother of two very young children, Joanna was diagnosed last year with silicosis after working in the mining industry.

“She wants to see tougher laws so that no other worker and their family is left in the same position simply because they did their job.”

https://www.awu.net.au/national/campaigns/13261/silicosis-kills/

ends

APESB marks 15-year anniversary milestone 

THE Accounting Professional and Ethical Standards Board (APESB), the independent body that sets the code of ethics and professional standards for Australia's accounting professionals, marked its 15th anniversary this week.

The APESB chair, Nancy Milne OAM, said, "Over the past 15 years, the APESB has delivered world-class professional standards, including the Code of Ethics, which are key drivers in the recognised ethical standing of professional accountants.

"Importantly, there is a renewed focus and increasing community expectations of professionals' ethical behaviour and conduct, which is being driven by recent events such as the Financial Services Royal Commission and the Parliamentary Joint Committee (PJC) Inquiry on Audit Regulation.”

The impact of the global COVID-19 pandemic on the general public and business community, has highlighted the critical role professional accountants and auditors play to help facilitate the continued functioning of the economy.

To build on the high levels of public trust in the accounting profession and ensure its standards represent global best practice, Ms Milne said the APESB is working towards:

  • ·strengthening auditor independence requirements in relation to non-assurance services and transparency of fee arrangements;
  • ·implementing changes to the requirements for quality and risk management systems of firms to redefine professional practice; and
  • ·developing resources at a national and global level to guide ethical conduct.

Recently, the APESB released guidance on auditor independence (jointly with the three major professional accounting bodies), the impact of COVID-19 and whistleblowing. The Board has also actively contributed to the work program of the International Ethics Standards Board of Accountants (IESBA) as a National Standards Setter to influence the global ethical standards. 

“As we move forward into our next strategic period, the APESB looks forward to continuing its public interest mandate to set and maintain professional and ethical standards to enhance the professionalism of the Australian accounting profession,” Ms Milne said.

She said APESB appreciated the contribution of all stakeholders, especially the professional accounting bodies, regulators, standard-setters and taskforce members who have contributed to its journey over the years. To mark its 15th anniversary, the APESB will host a thought-leadership event later in the year.

ends

RBA Governor to appear before House Economics Committee

THE House of Representatives Standing Committee on Economics will hold a public hearing with the Governor of the Reserve Bank of Australia (RBA), Philip Lowe, on Friday, February 5, 2021. The RBA last appeared before the committee in December 2020.

Committee chair, Tim Wilson MP, said, "There have been few times when monetary policy has been more consequential for the Australian economy.

"The committee will be scrutinising the RBA’s measures in response to the COVID‑19 pandemic, particularly the move to implement quantitative easing, and how these measures will help the Australian economy recover.

"The decisions the RBA are making has an impact on everyone, and with cheap easy money pushing up asset prices, and the spectre of inflation and higher super that could soften wage increases on the horizon, there needs to be scrutiny of the consequences of their decisions.

"Issues of the governance culture within the RBA remain a point of public discussion and also need to be properly scrutinised," Mr Wilson said.

Public hearing details

Date: Friday, 5 February 2021
Time: 9.30am to 12.30pm
Location: Main Committee Room, Parliament House

The hearing will be broadcast live at aph.gov.au/live.

ends

Australia's fuel security threatened by closure of Altona oil refinery

AUSTRALIA faces a growing fuel security crisis following ExxonMobil’s announcement that it plans to close the Altona oil refinery in Melbourne, with a loss of 350 jobs, further increasing the nation’s reliance on imported fuel to keep the economy moving, according to the Maritime Union of Australia (MUA).

The closure is the second announced in five months, following BP’s decision last year to shut the Kwinana refinery in Western Australia, leaving just two domestic fuel producers.

The MUA said the news highlighted the failure of the Morrison Government’s $2.5 billion fuel security package — announced last September — with the Viva Energy plant in Geelong the only refinery to sign up.

The union warned that the replacement of domestic fuel production with a growing reliance on fuel refined overseas and transported to Australia on foreign owned and operated tankers was making the nation increasingly vulnerable to any international crisis that impacts maritime trade.

MUA assistant national secretary Jamie Newlyn said the Federal Government needed to take urgent action to retain remaining refineries, increase domestic fuel stockpiles, and boost supply chain resilience.

“It is clear the Morrison Government’s fuel security plans have failed, with half of Australia’s remaining oil refineries announcing their closure in the last five months,” Mr Newlyn said.

“Even before these refineries close, more than 90 percent of Australia’s refined fuels are coming from overseas, leaving the nation seriously exposed to any crisis that impacts on maritime supply chains.

“We need urgent action from the Federal Government, with options including the purchase of these refineries — allowing this critical infrastructure to continue to operate under public ownership — along with a massive increase in domestic fuel reserves and the development of a strategic shipping fleet.

“The Federal Government should insist that if the Altona refinery closes, ExxonMobil must create a fleet of Australian-registered tankers to carry fuel to Australia and transport it around the coast.

“If ExxonMobil committed to use just 10 Australian ships to import and distribute fuel, it would create 340 seafaring jobs.”

Mr Newlyn said Australia continued to fall well short of the International Energy Agency’s 90-day fuel stockholding obligation, meaning the nation could run out of liquid fuel within weeks if a major crisis cut supplies.

“The COVID crisis exposed the vulnerability of Australia’s supply chains,” he said.

“If a pandemic, military conflict, natural disasters, or an economic shock cuts the flow of fuel to Australia, the situation would be catastrophic, with every part of the nation grinding to a halt.

“The Morrison Government keeps tinkering at the edges, rather than taking decisive action to address fuel security.

“What is required is an urgent, massive increase to fuel storage capacity in Australia — in line with the IEA’s fuel stockholding obligation — along with the development of a strategic shipping fleet of Australian tankers that can continue bringing fuel to the country in a crisis.

“Defending Australia’s economic security requires the strengthening of supply chains, especially for essential goods like fuel.”

In a report commissioned by the MUA, ‘Australia’s Fuel Security – Running on Empty’, shipping expert John Francis recommended the retention of a minimum number of Australian owned, managed and crewed tankers, saying it was justified on national security grounds and could be achieved at a minimal cost to end users.

‘Australia’s Fuel Security – Running on Empty’ is at: https://bit.ly/31cDisq

 

ends

Painting a clearer picture of Australia's arts scene

FOLK, THEATRE, videogames and galleries are among a host of Australian arts bodies who will give evidence as part of an ongoing inquiry into the state of the Australian arts sector.

Chair of the Standing Committee on Communications and the Arts, David Gillespie MP, said the hearings on February 5 and 19, 2021, will further investigate the challenges faced by specific arts industries over the past year.

"Australia boasts a rich cultural and creative landscape and I’m eager to hear about the key areas for growth and development for our creative industries, as well as the challenges that have recently tested their resilience," Dr Gillespie said.

"The committee will also take evidence from government departments on their support for Australia’s arts workers, especially during the COVID-19 pandemic.

"With an estimated contribution of 6.4 percent of Australia’s GDP, the committee recognises the fundamental role our creative and cultural industries play in Australia’s economy. We are keen to understand how Australia can best harness its creative and cultural capabilities in order to rebuild this vital part of our economy to be better than ever," Dr Gillespie said.

The full programs for February 5 and 19 and the Inquiry’s terms of reference, may be found on the Inquiry webpage. The hearings will be broadcast live at aph.gov.au/live

Information about the committee, including membership, may be found on the committee’s webpage.

ends

'Thuggery cannot be part of recovery' say Master Builders

“CONFIRMATION that an Albanese Labor Government will abolish the Australian Building and Construction Commission (ABCC) is deeply disappointing and will severely undermine builder’s contribution to economic recovery." That is the view of Denita Wawn, CEO of Master Builders Australia.

“Unleashing construction union thuggery will undermine recovery,” Ms Wawn said. 

“The ABCC is crucial for the building and construction industry, crucial for the economy and crucial for the entire community.

“The economic impact of the pandemic cannot be ignored. Just as governments around the country are putting construction front and centre of their economic recovery plans, Labor is planning to take the leash off construction union thugs and bullies.

“By upholding the rule of law on worksites, the ABCC means construction workplaces can operate like normal workplaces and is central to tackling the toxic culture of lawlessness and thuggery deployed by building unions that has been plagued the sector for decades,” Ms Wawn said. 

“There is absolutely no evidence to support abolishing the ABCC but there is a mountain of evidence to support its retention, including hundreds of Federal Court judgements, countless inquiries and reviews, and four separate Royal Commissions of Inquiry spanning three decades. 

“Thuggery and lawlessness on construction sites rob the community by driving the cost of much needed community infrastructure by up by as much as 30 percent. These behaviours cheat the community of more classrooms, more hospital beds and more childcare places,” Ms Wawn said. 

“Giving a green light to thuggery and bullying will undermine the economic recovery and is contrary to the community’s interests."

www.masterbuilders.com.au

ends

Extra time for submissions to external territory inquiries

THE Joint Standing Committee on the National Capital and External Territories has extended the time for making submissions to its two current inquires to 31 March 2021.

The inquiry into economic, social and environmental sustainability in the Indian Ocean Territories is examining topics including education, research, citizen science, biodiversity, job creation, costs of living and socially responsible development.

The inquiry into enabling communications infrastructure in Australia’s external territories of Norfolk Island, Christmas Island, and the Cocos (Keeling) Islands is considering the current communications situation in each of the territories, activity underway to enhance connectivity and services, and the options and opportunities for improving availability of and access to communications infrastructure.

Committee chair, Anne Webster MP, said, “The committee wants to ensure all interested people and organisations, including residents, businesses and community groups have an opportunity to put forward their views.”

The Committee is accepting submissions addressing the terms of reference until 31 March 2021. The terms of reference for each inquiry and further information on how to prepare and lodge a submission can be found on the inquiry websites.

Public hearings are being planned and will be announced in due course.

ends

Contact Us

 

PO Box 2144
MANSFIELD QLD 4122