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Unions take AFL to industrial umpire over major restructure and job cuts

UNIONS have lodged a formal dispute against the Australian Fotball League (AFL) before the industrial umpire, accusing the league of imposing a major restructure and hundreds of job cuts without engaging in genuine consultation.

The legal escalation follow’s AFL CEO Gillon McLachlan’s announcement on Monday that hundreds of jobs would go by November, with up to half of all positions impacted in some way.

In documents lodged with the Fair Work Commission this afternoon, the United Services Union outlined allegations that the AFL had not engaged in genuine consultation with employees, including by failing to provide adequate information on the proposed structures or allowing sufficient time for staff to respond.

The union document also alleges that the AFL changed their redundancy policy in March without notifying employees, disadvantaging long-serving staff.

“Unions have written to AFL management on a number of occasions, clearly outlining their legal obligations and imploring them to actively engage with staff and their representatives,” USU organiser Troy Dunne said.

“Those efforts have been rebuffed at every turn, leaving us with no choice but to escalate this dispute to the independent industrial umpire, the Fair Work Commission.

“The AFL has an obligation to play by the rules, which include a legal obligation to engage with the organisations that represent the interests of staff.

“We are not telling the AFL that they can’t undertake a restructure — our members have been in no doubt for some time that there would be job cuts — but this action is about ensuring employees are treated with dignity and respect at all times.”

Mr Dunne said the union action specifically challenged the AFL’s claims that they had been consulting with employees for months.

“Our members overwhelmingly feel they have been left in the dark and excluded from the restructure process,” he said.

“Instead of genuine consultation, their futures are decided behind closed doors while they are stood down due to the pandemic.

“For all of the good the AFL does in the community, it appears they have abandoned the principles of equality and fairness when it comes to dealing with loyal staff.”

The union also criticised the AFL for seeking to cut jobs at the same time as it was receiving support from the Federal Government’s JobKeeper program.

“Despite receiving money from JobKeeper, which provides financial assistance to maintain the connection between workers and their employers, the AFL has instead decided to desert employees in their time of need,” Mr Dunne said.

“There is no justification for axing jobs in a matter of weeks when the AFL remains eligible for JobKeeper assistance well into next year.”

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FSC: Income protection losses highlight industry challegnes in COVID-19 environment

THE FINANCIAL Services Council today noted the release of APRA's quarterly life insurance financial performance statistics, revealing another gloomy quarter of losses for income protection results.

FSC senior policy manager for life insurance Nick Kirwan said the current COVID-19 global pandemic has only just started to take its toll on the industry with an overall total net loss after tax of $1.6 billion for the year to June 30, 2020.  

“The industry has bounced back slightly from the poor result from the previous quarter’s loss of $972 million, with a $423 million profit in the March to June 2020 quarter,” Mr Kirwan said.  

“However, the results continue to be dominated by higher than expected claims for individual income protection insurance (IP), which saw a net loss after tax of $179 million in this product alone, wiping out almost all the profit from other individual product lines. 

“These income protection losses were driven by a surge in the number and duration of claims, especially for mental health conditions. We expect mental health claims to increase in the months and years ahead from the effects of the COVID-19 pandemic, exacerbating people’s isolation and financial hardship," Mr Kirwan said.

“The life insurance industry is playing its crucial role in protecting the Australian community. Overall, during 2019 life insurance companies paid out $12 billion to 101,821 Australians and their families. Every single day last year, the industry paid out the equivalent of almost $33 million to 279 Australians and their families, providing crucial financial support when people need it most.   

“The flip-side of that coin is that these increasing claims are the reason why many Australian households will have noticed increases in their life insurance premiums. We know premium increases are never welcome, but like any business, life insurers must balance the books. Premiums coming in must cover the cost of the claims going out.   

“It isn’t all bad news on premiums though, life insurance companies all have in place measures to help customers in financial hardship. If you need financial help you can contact your life insurance company or financial adviser.  

“Looking further ahead, most life insurance companies are busily developing a new generation of simpler, more sustainable income protection policies that focus on covering core needs. These new policies will give customers more choice, and will be all about the three A’s: 

  • Availability of financial protection for Australians today, and for future generations;  
  • Affordability so that Australians can afford the cover they need, both now and into the future; and 
  • Assurance that your life insurance company will be there for you when you need to claim.  

“Expect to see this new generation of more sustainable income protection policies becoming available in the next year or so,” Mr Kirwan said.  

Quarterly Life Insurance Performance Statistics:  https://www.apra.gov.au/quarterly-life-insurance-performance-statistics  

About the Financial Services Council 

The Financial Services Council (FSC) has over 100 members representing Australia's retail and wholesale funds management businesses, superannuation funds, life insurers, financial advisory networks and licensed trustee companies. The industry is responsible for investing almost $3 trillion on behalf of more than 15.6 million Australians. The pool of funds under management is larger than Australia’s GDP and the capitalisation of the Australian Securities Exchange and is the fourth largest pool of managed funds in the world. 

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Press freedom report calls for reform and transparency

A PARLIAMENTARY inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press has recommended measures to improve public interest protections and transparency, with a report tabled today.

Chair of the Parliamentary Joint Committee on Intelligence and Security, Andrew Hastie, said the Committee acknowledged the role of a free press, and that the investigation or prosecution of journalists and media organisations can affect the perception of the freedom of the press in Australia.

"Our report recommends that the role of Australia’s Public Interest Advocates be expanded to consider a broader range of warrant applications that may affect journalists and media organisations in instances of unauthorised disclosure of information," Mr Hastie said.

The report also includes recommendations for additional transparency in warrant applications, and recommendations related to the Public Interest Disclosure scheme which allows public officials who suspect wrongdoing to report their concerns. These reforms are aimed at ensuring that appropriate avenues exist for Commonwealth officials to raise their concerns before it is necessary to approach external parties.

"The issues related to law enforcement, intelligence powers and press freedoms are complex, and this inquiry has allowed the Committee to examine a range of matters in great detail," Mr Hastie said.

"This is an evolving area of law, and the Committee welcomes recent steps taken by Government to bolster the decision-making process when journalists and media organisations are involved in the investigation and prosecution of unauthorised disclosure of information."

The report can be obtained from the Committee’s website

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FSC: Guaranteed choice of super fund a win for Australian workers

THE Financial Services Council (FSC) today welcomed the passage of the Treasury Laws Amendment (Your Superannuation Your Choice) Bill 2019, which gives every employee the right to choose their own superannuation fund.

CEO Sally Loane said the FSC has strongly advocated for removing restrictions on choice in superannuation as there is no justification for preventing Australians from choosing a superannuation fund.

“This legislation finally ends the anachronistic practice of enterprise agreements locking workers into a specific fund and is a solid win for up to a million consumers who previously didn’t have the freedom to manage their retirement savings as they wish,” Ms Loane said.

“Many workers have been forced to choose between moving their superannuation into their employer’s specified fund or paying duplicate fees to keep multiple accounts open when they start a new job with an employer who does not offer choice – neither of which is a good consumer outcome.

“Ensuring that every Australian can choose their own superannuation fund is an important step in the modernisation and reform of the superannuation system to ensure it delivers good outcomes for all workers.

“The FSC also recognises and supports the sensible contribution to the debate by the independent Senator Rex Patrick, who amended the Bill to require the prudential regulator to review the impact of the amendments in due course and report to the Government.”

The Productivity Commission (PC) has found that an individual with two accounts over the course of their working life could be six percent worse off at retirement as a result of duplicate fees and insurance premiums. The PC also found that there were 10 million 'zombie' superannuation accounts costing Australians $2.6 billion every year in excess fees and insurance costs.

 

About the Financial Services Council
The Financial Services Council (FSC) has more than 100 members representing Australia's retail and wholesale funds management businesses, superannuation funds, life insurers, financial advisory networks and licensed trustee companies. The industry is responsible for investing almost $3 trillion on behalf of more than 15.6 million Australians. The pool of funds under management is larger than Australia’s GDP and the capitalisation of the Australian Securities Exchange and is the fourth largest pool of managed funds in the world.

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Committee to roam into the problem of feral cats

THE House of Representatives Standing Committee on the Environment and Energy is holding the opening public hearings this week for its inquiry into the problem of feral and domestic cats in Australia.  

Committee Chair Ted O’Brien MP said, "The Committee looks forward to hearing about how governments, scientists and community groups across Australia understand and manage the impact that cats have on native species and the environment.”  

On Wednesday, Australia’s Threatened Species Commissioner, Dr Sally Box, along with other representatives of the Department of Agriculture, Water and the Environment will appear before the Committee to discuss Australia’s framework for managing predation by feral cats on native wildlife and habitats.

The hearing will also consider the role of the Australian Government in bringing together key stakeholders across the nation to manage the impact of feral and domestic cats.

On Friday, the Committee’s second public hearing will hear from a range of groups about approaches to the problem including innovation, science and natural resource management. Detailed programs for both public hearings are available on the Committee’s website.

For the information of those wishing to listen to the public hearings, proceedings will be available on the Parliament’s website at aph.gov.au/live. Due to the COVID-19 pandemic, committee hearings are not presently open for physical attendance by members of the public.

Public hearing details 

Date: Wednesday 26 August 2020
Time: 10.15am to 11am
Location: Via teleconference

Date: Friday 28 August 2020
Time: 9am to 2.30pm
Location: Via teleconference

Interested members of the public may wish to track the committee via its website.

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Ombudsman encourages consumers to ‘Click for Vic’

THE AUSTRALIAN Small Business and Family Enterprise Ombudsman Kate Carnell has welcomed the Victorian Government’s ‘Click for Vic’ initiative, and is encouraging consumers to carefully consider where their spending is going.

“This is a great initiative by the Victorian Government, and a timely reminder that it has never been more important to spend locally,” Ms Carnell said.

“I know things are difficult across the board for a lot of people at the moment, and many don’t have a lot of spare cash to spend.

“But it is really important that we think carefully about where the money we do spend is going.  What might seem like a small amount can make all the difference to a small business deciding whether to open tomorrow, or just making sure they can pay their bills.”

Recent analysis by Deloitte Access Economics suggests that as much as 10 percent of Australian small businesses may be forced to close when a number of supports cease at the end of September.

“The Deloitte numbers are really sobering, and should be seen as a wake-up call about what we stand to lose,” Ms Carnell said.

“The federal and state governments have provided unprecedented support to businesses, but there’s no doubt that more can be done, and the communities that rely on and enjoy these businesses need to do what they can to ensure their businesses survive."

Ms Carnell has reiterated calls for Government to mandate payment times to small business in the wake of large businesses pushing payments to small business out to as much as 180 days.

“I continue to be disappointed in large businesses extending payment times to small business through this period,” Ms Carnell said.

“I have made it clear previously that mandating payment times to small business is the only way to fix this problem, and there has never been a more important time for Government to ensure small businesses get paid on time."

www.asbfeo.gov.au

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COVID-19 inquiry to hear from Department of Finance

A PARLIAMENTARY inquiry into the impact of COVID-19 on Australia’s defence, trade and international relations will hear from the Department of Finance.  

Senator David Fawcett, Chair of the Parliament’s Foreign Affairs, Defence and Trade Committee, said Australia’s government procurement policies—overseen by the Department—could be a barrier to the survival of capability in some industry sectors that have invested heavily to help carry the nation through the worst of supply chain disruption brought about by the pandemic.

Generating and sustaining industry capabilities that are important to Australia’s sovereign national interest must be recognised as a factor in evaluating value for money if Government procurement is to be a strategic part of Australia’s recovery from the COVID-19 pandemic 

Senator Fawcett said, “In addition to the human cost of the pandemic, Australia has experienced supply chain disruptions and economic instability. Smart government procurement which contributes to the development of sovereign capability and builds economic resilience could be an important part of Australia’s recovery from the pandemic.”

Full terms of reference for the inquiry are on the Committee website.

Public hearing details

Date: Tuesday 25 August
Time: 4.30pm – 5.30pm AEST 
Location: By teleconference

The hearings will be audio streamed live at aph.gov.au/live.

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Maritime union calls on National Cabinet to urgently implement maritime border corridors for seafarers

THE National Cabinet must use today’s meeting to establish “green lanes” to allow interstate travel by maritime workers, with hundreds currently unable to travel to work or get home after being at sea, according to the Maritime Union of Australia (MUA).

MUA national secretary Paddy Crumlin said travel restrictions and border closures between Australian states and territories had led to a situation where many Australian seafarers were isolated at sea, unable to get home to their families, with replacement crew members also unable to join the vessels.

Shipping not only carries more than 98 percent of Australia’s imports and exports, but coastal trading routes are vital for moving fuel, gas, commodities and manufactured goods between Australian ports.

“Our nation’s reliance on maritime transport to maintain continuous supply has never been more obvious than during this pandemic,” Mr Crumlin said.

“The current border closure system is preventing many of the people who operate that supply chain from getting to work or returning home to their families, causing serious mental and financial hardship.

“We need genuine cooperation internationally and locally, across all levels of government and industry, to develop consistent, sustainable guidance that protects workers, the community and the maritime sector.” 

Mr Crumlin wrote to the national taskforce on August 11 outlining the issues and calling for the Federal Government to:

  • Establish and fund a dedicated task force to coordinate across state and federal government agencies;
  • Work with the aviation sector to facilitate flights for seafarer’s repatriation;
  • Engage labour supply countries to better coordinate repatriation procedures for international seafarers;
  • Rationalise visa, permit, and exemption processes, to support crew changes directly;
  • Adopt the International Maritime Organisation-recommended framework for crew joining and leaving their ships;
  • Work with unions and industry to ensure supply chain integrity in the domestic industry;
  • Establish 'green lanes' for maritime crew repatriation;
  • Protect seafarers and the community through Australia’s adherence to IMO protocols, along with Maritime Labour Convention and International Labour Organisation conventions;
  • Mandate the supply of critical PPE to maritime workers; and
  • Maintain testing and travel protocols specifically for maritime workers to expedite safe interstate travel.

The full letter: https://www.mua.org.au/news/mua-letter-national-covid19-response-group

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A step forward on franchising reform

THE Australian Small Business and Family Enterprise Ombudsman Kate Carnell has welcomed the Australian Government response to the Parliamentary Joint Committee inquiry into the Franchising Code of Conduct.

“I am pleased to see that the response picks up on a number of the concerns of franchisees.” Ms Carnell said.

“The report focuses on the three key parts of the lifecycle of a franchisee – entry, running the business, and exiting the business

“My office already deals with a broad range of complaints, centred around these aspects of owning a franchise. We know that the power imbalance between franchisor and franchisee makes negotiating disputes incredibly difficult.”

The response incorporates the functions of the Franchising Mediation Adviser into the Ombudsman’s office.

“This is a welcome change that we and others have been advocating for over some time now  that will help us more effectively resolve disputes” Ms Carnell said.

The Review pointed to further consultation on a number of important aspects in franchising practices and disputes.

“I remain concerned that the response’s commitment to ongoing consultation will further delay the changes that everyone in the sector know are sorely needed," Ms Carnell said.

“I appreciate that this can be a complex area, but it has now taken a full 18 months for the Government to respond to the Parliamentary Joint Committee report.  Further consultation and delay in effecting change is unacceptable and will continue to heap pressure on small businesses during these extremely difficult times.

“We will continue to advocate for timely and effective changes to assist small businesses, and look forward to working with the Government to deliver these crucial reforms.”

www.asbfeo.gov.au

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Premier answers QRC call for greater resource role in COVID-19 recovery

THE Queensland Resources Council has welcomed Premier Annastacia Palaszczuk’s  commitment to strengthen the resources sector’s role in Queensland’s COVID-19 response and recovery.

QRC chief executive Ian Macfarlane said the Premier’s announcement of $5 million for a feasibility study into a gas pipeline from the Bowen Basin was a request in the QRC and AMEC’s Resource Industry Recovery Agenda.

“QRC believes the new gas pipeline can aggregate gas collection to increase the supply of gas across the region and lower the cost of delivering it to customers,” Mr Macfarlane said. "It will also maintain downward pressure on the delivered price of domestic gas.  There is also a role for the Australian Government’s Northern Australian Investment Facility to consider how it can support pipeline proposals."

Mr Macfarlane said more broadly, the Premier had identified the resources sector as “one of Queensland’s great strengths” and she has also recognised the work of the coal, metals and gas industries to protect workers and keep critical supply chains open.

“For the 372,000 Queensland men and women who rely on the resources sector for their employment, QRC thanks the Premier for her recognition of the sector’s role in the COVID-19 recovery and response,” Mr Macfarlane said.

“As an industry, we have worked extremely hard to protect our workers, their families, the communities we work in and the businesses we support.  We have done this and maintained as much of the $74 billion economic contribution to the Queensland economy as possible despite upheaval in global markets and movement restrictions.

"What does that mean for every Queenslander? Just over $40 every day for every Queensland man, woman and child.

“Right now, Queenslanders need that economic contribution more than ever," he said.

“I had the opportunity to meet the Premier last week, and her comments today reinforce her support for the sector’s role in the COVID-19 response.”  

Mr Macfarlane said QRC would continue to work with the government to secure bipartisan support for a resources industry development plan, stable rates and thresholds on the royalty taxes paid by all resource commodities for the next decade, and a streamlined assessment and approval process for new projects.

QRC Resource Industry Recovery Agenda: https://www.qrc.org.au/wp-content/uploads/2020/06/Resource-Industry-Recovery-Agenda.pdf

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Tax Practitioners Board launches new corporate plan 2020-21

CELEBRATING its 10th anniversary, the Tax Practitioners Board (TPB) has released a new corporate plan for 2020-21, outlining its purpose, vision and values for the coming year.

In his introductory message, TPB chair, Ian Klug said the role of the TPB is to support the public and enhance the integrity of the tax profession.

"On our 10th anniversary, our vision speaks powerfully to the important role we play not only in upholding the broader integrity of the tax system but also in implementing whole-of-government reform initiatives," Mr Klug said.

"The way we achieve our purpose, as set out in this plan, includes supporting honest practitioners, who make up the large majority, through registration services, complaint resolution, investigations of alleged misconduct and, where appropriate, sanctions."

Mr Klug said the Australian community generally has high levels of trust in its tax practitioners – with over 71 percent of taxpayers choosing a tax professional.

"This year we want to improve our services for those tax practitioners who model professional and ethical conduct," he said.

Mr Klug also refered to the TPB compliance program, modified to target high risk tax practitioners, particularly those who have attempted to defraud government stimulus measures.

He said in 2020-21 there would be an increased focus on these and unregistered advisers, expecting 1,000 investigations to be completed.

"Sanctions, such as suspensions and terminations, will be imposed after review and decision by our independent board – supporting community confidence in the integrity of the system and providing a deterrent to misconduct," Mr Klug said.

Mr Klug said the TPB was "continually evolving, taking insights from government reviews" and refers to "opportunities to support government decisions on reforms arising from the Hayne Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry".

He also said the TPB awaits the government decisions on the recommendations arising from the independent review of the TPB, "subject to these decisions, we are confident that the TPB will continue to effectively serve the community into the future."

About the Tax Practitioners Board

The Tax Practitioners Board regulates tax practitioners in order to protect consumers. The TPB aims to assure the community that tax practitioners meet appropriate standards of professional and ethical conduct. Twitter @TPB_gov_au, Facebook and LinkedIn.

 

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