TODAY the Australian Retailers Association (ARA) will hear the Federal Court discuss the fate of the penalty rate reduction in a three day Judicial Review of the Penalty Rates Decision.

On behalf of the retail industry, the ARA have been at the forefront of Penalty Rates Decision in the hope to reduce the strain on Australian retailers, put the unemployed back into the workforce, and increase trading hours across the nation to sustain growth for the Australian retail industry.

ARA Executive Director, Russell Zimmerman said Australian retailers are suffering and need the support in reducing penalty rates to ensure the longevity of Australian Retail.

“It’s really hard out there for Australian retailers at the moment as some are actually forced to limit their days of operation due to significant cost pressures,” Mr Zimmerman said.

“If the Penalty Rates Decision is upheld it will give retailers a chance to stand strong against the economic pressures facing the industry and further assist in reducing the unemployment rate.”

The ARA will continue to advocate for employment in the retail sector as the current penalty rates impose numerous operational limitations for retailers.

“With the imminent arrival of Amazon, and the ability of consumers to shop online when they want, retail must be given the chance to grow; and growth will only occur by allowing retailers to trade longer hours,” Mr Zimmerman said.

“Reducing penalty rates will give retailers the opportunity to open in regional and country areas, allowing retailers to employ more staff which will in turn increase customer service satisfaction.”

If the Penalty Rates Decision is upheld by the Full Court the ARA believe Australian retailers, employees and consumers can expect to see various opportunities arise.

The Judicial Review of the Penalty Rates Decision will begin today at the Federal Court in Melbourne and conclude Thursday 28 September. The ARA looks forward to a positive decision from the Federal Court upholding the Fair Work Commission’s Full Bench decision earlier this year.

About the Australian Retailers Association:

Founded in 1903, the Australian Retailers Association (ARA) is the retail industry’s peak representative body representing Australia’s $310 billion sector, which employs more than 1.2 million people. The ARA works to ensure retail success by informing, protecting, advocating, educating and saving money for its 7,500 independent and national retail members throughout Australia. For more information, visit www.retail.org.au or call 1300 368 041.

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THE  Queensland Resources Council’s (QRC) latest quarterly State of the Sector report has found grave industry concerns over the tripling of electricity costs.

QRC Chief Executive Ian Macfarlane said the survey of resource chiefs reaffirms the ongoing need for dispatchable power to balance intermittent sources of energy.

“Unreliable and high-cost power continues to harm the competitiveness of the sector,” Mr Macfarlane said.

“Queensland resource companies have absorbed a three-fold increase in wholesale electricity prices over the last five years. These costs switch off economic growth in our regions.

“The economy needs reliable, dispatchable power at an affordable price. The ideal way to deliver this, and reduce emissions, is to deliver a balanced energy mix.

“Renewable energy clearly has a role in the generation mix to drive down emissions, although it cannot entirely replace the reliability of baseload power. 

www.qrc.org.au

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THE Fair Work Ombudsman is reaching out to international students to encourage them to seek free help from the agency if they experience any issues while working in Australia.

The agency has launched a new strategy aimed at raising awareness of workplace rights among international students, who make up a large proportion of temporary entrants to Australia – numbering more than 560,000 as at July 2017.

In an open letter to international students published today, Fair Work Ombudsman Natalie James is encouraging international students to get informed about their workplace rights and, if unsure, seek help.

Ms James has also urged international students to speak up if they have any concerns in relation to their employment, underlining that they have the same workplace rights as all other workers in Australia.

“The number of international students reporting issues to the Fair Work Ombudsman is disproportionately low compared to other categories of visa holders, despite the fact that international students represent a significant proportion of overseas visitors with work rights,” Ms James said.

“We know that international students can be reluctant to speak out when something is wrong, making them particularly vulnerable to exploitation. This is especially the case when students think that seeking assistance will damage future job prospects or lead to the cancellation of their visa.

“We’ve seen cases where employers have threatened international students with deportation for working more than the number of hours permitted under their visa when they have raised questions about their entitlements.

“In some cases these same employers have altered payslips and underpaid hourly rates in order to disguise the number of hours the student has worked,” Ms James said.

“I would like to reassure international students that in line with an agreement between my agency and the Department of Immigration and Border Protection, you can seek our assistance without fear of your visa being cancelled, even if you’ve worked more hours than you should have under your visa.”

The conduct against international students the Fair Work Ombudsman sees is often serious and highly exploitative.

This is reflected by the large percentage of cases the Fair Work Ombudsman files in court that involve one or more international students, despite the low numbers of international students reporting issues to the agency.

Last financial year, 49 per cent of litigations the Fair Work Ombudsman filed in court involved a visa holder – over a third of these involving an international student.

Research commissioned by the Fair Work Ombudsman found that many international students were not aware of their rights under Australian workplace laws and did not know where to go for help.

Some students told researchers they had been subject to intimidation by their employers, who threatened to deport or “blacklist” them for future work if they complained.

“The research showed that when it comes to international students in the Australian workplace, 60 per cent believe that if they report a workplace issue to their employer the situation will either remain the same, or get worse,” Ms James said.

“Our international student strategy focuses on raising international students’ awareness of their workplace rights and letting them know that they can come to the Fair Work Ombudsman for free advice and assistance.

“We know that it can be difficult to understand what is right or wrong at work, or to speak up if you are concerned.

“This is why we are committed to making it as easy as possible for international students to access the help they need,” Ms James said.

Ms James encourages all international students to get informed by visiting the Fair Work Ombudsman website, which has information available in 30 different languages.

Resources available on the website to help workers understand their rights and entitlements include the Pay and Conditions Tool at www.fairwork.gov.au/pay, which can be used to calculate the correct pay rates that apply to their work.

The Fair Work Ombudsman also recently launched its popular Anonymous Report function in 16 languages other than English, enabling non-English speakers to report potential workplace breaches in their own language, without being identified. The tool can be accessed at www.fairwork.gov.au/inlanguageanonymousreport.

The Fair Work Ombudsman’s ‘Record My Hours’ app is aimed at tackling the persistent problem of underpayment of young workers and migrant workers around the country. The app, which equips workers with a record of the time they spend at their workplace by using geofencing technology to register when they arrive at work and when they leave, is available for download from iTunes or Google Play stores.

www.fairwork.gov.au

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THE Turnbull Government has committed to establishing a national space agency to ensure Australia has a long-term plan to grow its domestic space industry.

Acting Minister for Industry, Innovation and Science, Senator Michaelia Cash, said the establishment of a space agency is one of the key issues being examined by the Expert Reference Group appointed to review Australia’s space industry capability.

“The global space industry is growing rapidly and it’s crucial that Australia is part of this growth,” Minister Cash said.

“A national space agency will ensure we have a strategic long-term plan that supports the development and application of space technologies and grows our domestic space industry.

“The agency will be the anchor for our domestic coordination and the front door for our international engagement.”

Former CSIRO Chief Dr Megan Clark is chairing the Reference Group, and its review is well advanced.

The Reference Group has sought views from across the country from industry, government and society, which will be used to inform our plan to expand this important and exciting sector.

The Reference Group has received almost 200 written submissions in response to its issues paper, and more than 400 people have been consulted through roundtables in each state and territory.

Meetings have also been held with key stakeholders, including the state and territory governments.

Feedback from the extensive consultation process has overwhelmingly shown the need for the establishment of a national space agency.

The Reference Group will now develop a charter for the space agency for inclusion in the wider strategy being brought forward by the end of March 2018.

Ms Cash will be delivering the key note address to the International Astronautical Congress Boeing Industry Luncheon in Adelaide on Tuesday 26 September 2017.

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AS THE RETAIL industry’s peak representative body, the Australian Retailers Association (ARA) continues to advocate for employment in the judicial review of the Penalty Rates Decision.

On behalf of the retail industry, the ARA have been at the forefront of the Penalty Rates Decision to increase employment rates in the sector and sustain economic growth across Australia.

ARA Executive Director, Russell Zimmerman said the ARA strongly opposes both United Voice and the SDA’s (Shop, Distributive & Allied Employees Association) application for judicial review of the Penalty Rates Decision, as this would significantly stifle employment growth within the Australian retail industry.

“We are confident the unions’ application will be rejected by the Federal Court, as the Fair Work Commission found that high penalty rates impose numerous operational limitations for retailers,” Mr Zimmerman said.

“The Full Bench accepted evidence that reducing penalty rates leads to increased trading hours on Sundays and public holidays, which provides further opportunities for employment growth within the sector.”

With the retail industry already operating in an unstable trading environment, the ARA believes a reversal of the Penalty Rates Decision would further impede on retail growth and the nation’s economic sustainability.

“We are most certain that if the Penalty Rates Decision is reversed, the Australian retail industry will fall further behind our international competitors and will no longer be able to compete with global giants entering our shores,” Mr Zimmerman said.

The judicial review of the Penalty Rates Decision will be conducted by the Federal Court on 26, 27 and 28 September in Melbourne.

About the Australian Retailers Association:

Founded in 1903, the Australian Retailers Association (ARA) is the retail industry’s peak representative body representing Australia’s $310 billion sector, which employs more than 1.2 million people. The ARA works to ensure retail success by informing, protecting, advocating, educating and saving money for its 7,500 independent and national retail members throughout Australia. For more information, visit www.retail.org.au or call 1300 368 041.

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THE Australian Securities and Investments Commission has today launched its data strategy for 2017-20. The strategy, which outlines how ASIC will capture, share and use data, will transition ASIC into a more data-driven and intelligence-led organisation.

ASIC's data strategy outlines a number of data initiatives that have been completed or will be put in place over the next three years, including:

• creating a Chief Data Office
• establishing a number of frameworks and bodies aimed at strengthening data governance
• ensuring cyber resilience and privacy protection
• establishing a data science laboratory, and
• engaging nationally and internationally to improve data management and analytics capabilities.

In launching the strategy, ASIC Chairman Greg Medcraft said that good quality, well-governed data was a key foundation for good regulatory decision making.

'Our data strategy outlines how ASIC will improve the way we capture, share and use data. The intelligence and insights we derive from analysing our data will give us a better understanding of the regulatory environment, so that we can detect, understand, respond appropriately and ultimately, contribute to the financial well-being of all Australians.'

The strategy is part of the 'One ASIC' approach, which is aimed at utilising data to connect the dots to achieve better regulatory outcomes through people, processes, technology and culture and governance.

• Read ASIC's data strategy

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THE Australian Small Business and Family Enterprise Ombudsman has written to Amazon to ensure the company complies with Australia’s unfair contract terms legislation.

Ombudsman Kate Carnell said the pending arrival of Amazon Marketplace in Australia represented an opportunity for many small businesses to compete online and extend their reach.

But Ms Carnell also wants to remind the company of its obligation to treat small businesses fairly in accordance with Australian law.

“Some businesses are concerned about the threat of competition while others are excited to embrace the opportunity that Amazon offers,” Ms Carnell said.

“For consumers the Amazon Marketplace promises to expand choice and put downward pressure on prices.

“I’m interested to see how Australian small businesses can accelerate sales and broaden their customer base though the Amazon platform.”

Ms Carnell said analysis of the Amazon Marketplace contract terms in the United States suggested they would have to be changed in Australia to comply with federal legislation.

“From 12 November 2016, changes to the Australian Consumer Law protect small business from unfair terms in standard-form contracts,” Ms Carnell said.

“A standard-form contract is one that has been prepared by one party and where the other party has little or no opportunity to negotiate the terms.

“An unfair term is one that causes a significant imbalance in the parties’ rights and obligations and causes detriment to a small business if it were applied or relied upon.” 

Ms Carnell said in Amazon’s United States terms and conditions, the company reserves the right to refuse service, terminate accounts, terminate rights to use Amazon services, remove or edit content, or cancel orders at its sole discretion.

“This may be considered unfair as action can be taken by one party, Amazon, but not the other party, the vendor, to terminate the contract,” she said.

“I’ve requested that Amazon review the terms and conditions in use for standard form contracts in its Australian operations to ensure they comply with the unfair contracts terms legislation.”

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