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Uber Eats and other gig economy SME couriers now covered for dispute resolution in Victoria

SMALL BUSINESS couriers in the gig economy, like Uber Eats and Deliveroo, can now access the Victorian Small Business Commission (VSBC) to help resolve their disputes. 

Under new amendments to the Owner Drivers and Forestry Contractors Act 2005 passed in Parliament yesterday, the definition of ‘freight broker’ has been changed to make sure contractors employed through third party platforms like Uber Eats are covered.

The change responds to a government review that found many hirers and brokers to be in breach of the Act. For example, many weren’t providing cost schedules and contracts, leaving owner drivers exposed to safety, income and business risks. 

Commissioner Judy O’Connell has backed the change to the dispute resolution process, and our new role in providing further supports for disputes can’t be resolved through mediation. 

“This new support is significant because it means gig economy small business couriers who are in dispute can come to us for determinations that are binding, keeping their disputes out of the court system,” Commissioner O’Connell said.

In 2018–19 the VSBC received 23 applications for small business driver disputes, about 85 percent of which were successfully resolved. Where disputes couldn’t be resolved, this was because the parties couldn’t reach an agreement or the business contracting the service refused to take part in mediation.

“In a lot of instances, it’s just not worthwhile taking these matters to court because of the high costs involved – costs that are prohibitive for many small businesses,” Commissioner O’Connell said. 

“This important change means small business couriers will have access to a low cost, confidential and binding dispute resolution process that will let them resolve their disputes quickly so they can get back to business.”

The VSBC will start providing these new supports in May 2020. For more information about how gig economy small business couriers can access these services, visit the VSBC’s website.

 

The Victorian Small Business Commission is an independent government agency that advocates on issues affecting small business, educates people in small business about their rights and responsibilities, and helps them to avoid or resolve disputes. 

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Social responsibility? Digital platforms and elections

POLITICAL advertising on social and traditional media is being investigated by the Joint Standing Committee on Electoral Matters as part of its inquiry into the 2019 Federal election.

Committee Chair, Senator James McGrath, said social media has blurred the lines of what is and isn’t political advertising.

"It was clear in the 2019 election that Australians were inundated with a huge volume of political advertising on all platforms. But perhaps of more concern is the rise in political disinformation from ambiguous sources online," Senator McGrath said.

"Smart phones and social media have changed how Australians publish and access information. Digital platforms are taking over traditional media – but the regulatory framework hasn’t kept up."

"Electoral integrity is crucial for a healthy democracy. We need to hear from people with solid ideas on how we can keep our electoral processes strong."

Anybody can make a submission that address the terms of reference. Submissions attract protection under the Parliamentary Privileges Act 1997.

Submissions close on September 20 and the Committee expects to hold public hearings later this year.

People wishing to make a submission can call the secretariat for advice or visit aph.gov.au/em for more information.

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Tax and financial advisers need simplified regulation to benefit consumers

THE REGULATORY system for tax and financial advisers needs significant simplification, according to the Financial Services Council (FSC).

The FSC made this call in a submission, released today, to an independent review of the Tax Practitioner’s Board and Tax Agents Service Act 2009

FSC CEO Sally Loane said the FSC recommended a single regulatory regime for advisers who provide both tax and financial advice, replacing the current regime with overlapping and duplicated registration.

“The FSC’s preferred approach would mean advisers adhere to one code of ethics, and are overseen by one code monitoring body that helps deliver the protections consumers expect and that advisers are obliged to adhere to,” Ms Loane said. 

“Ongoing changes to the regulatory environment for financial advisers, including new professional and education standards are transforming financial advisers into a profession in line with other professions such as accounting and law. 

“These changes present a timely opportunity to integrate Tax (Financial) Advisers (TFAs) into the regulatory framework for financial advisers," Ms Loane said.

This reform would bring TFAs into a single regulatory regime under the Financial Adviser Standards Ethics Authority (FASEA) reducing unnecessary costs and bringing greater clarity to consumers and advisers. Advisers would continue to be bound by other regulations including privacy and anti-money laundering laws.

“This reform would not mean a decline in the standards for TFAs – the FSC’s proposal would just remove unnecessary regulatory duplication and overlap. It would also mirror the approach for lawyers who do not need to register with the TPB given their existing strong regulatory structures,” Ms Loane said.

“The FSC’s recommended approach means consumers would not have to engage with the TPB for the tax component of the advice they receive as well as the Code Monitoring Body for financial advice.

“Ensuring a simplified regulatory regime that reduces regulatory overlap and is easier for customers to navigate is thoroughly consistent with the recommendations of the Hayne Royal Commission,” Ms Loane said.

The FSC considers the TPB and FASEA should continue to have open dialogue as these new standards are implemented and to develop a single regime for financial advisers. 

Full copy of the FSC submission: https://fsc.org.au/resources/1844-fsc-submission-tpb-review-2019-discussion-paper/file

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Port Kembla: foreign seafarers owed $100,000 in unpaid wages

THE International Transport Workers' Federation has requested the Australian Maritime Safety Authority urgently investigate after seafarers on a vessel docked at Port Kembla reported that they had not been paid in more than two months.

The Hong Kong-flagged bulk carrier MV Xing Ning Hai, owned by Chinese company Ocean Prosperity and managed by Dalian​ ​Shipping, is in Port Kembla to carry steel from Bluescope.

Sister-vessel MV Xing Jing Hai was yesterday detained by AMSA in the Port of Brisbane following almost-identical allegations of unpaid wages.
That crew of both vessels have reported that they have not been paid since June, with more than $200,000 owed in wages.

The MV Xing Ning Hai was last year detained by AMSA in Devonport, Tasmania, after an ITF inspection found the crew had not been paid for six months. More than $300,000 was recovered in unpaid wages before it was allowed to depart Australian waters.

The incidents follow the detention last week of Panama-flagged MV Fortune Genius at the Port of Gladstone after an ITF inspector found fraudulent documentation, including two sets of books, being used to conceal wage theft.

In total, ITF inspectors have identified more than $250,000 dollars in unpaid wages during audits of vessels at Australian ports during the past week, along with further breaches of the Maritime Labour Convention, highlighting rampant exploitation of foreign seafarers.

ITF assistant coordinator Matt Purcell said the fact that three almost identical cases of wage theft had been identified in such a short period of time highlighted the serious exploitation taking place in Australia’s maritime supply chains.

“These cases show that massive wage theft and the exploitation of vulnerable foreign seafarers are not an anomaly, they are a central feature of the business models of many of the shipping operators carrying freight too and from Australia,” Mr Purcell said. “All these vessels have been contracted to carry goods and materials for major businesses. The Xing Ning Hai is in Port Kembla to carry steel from Bluescope, while the Xing Jing Hai was in Brisbane to deliver clinker to Cement Australia.

“AMSA deserves to be commended for acting swiftly once issues are identified, but the current system relies on the efforts of ITF inspectors and whistle-blowers among ship crews to identify problems, meaning countless cases of exploitation are slipping through the gaps.

“Without the actions of the ITF, not one of these vessels would have been inspected, which is why so many companies think they can get away with rampant exploitation in Australian waters.”

ITF president Paddy Crumlin said the cases highlighted the urgent need for stronger shipping laws and more proactive enforcement to counter the growing use of highly-exploited foreign workers in Australian waters.

“In recent decades, the number of Australian-flagged vessels has been slashed, with local seafarers replaced by exploited foreign crews on ships registered in notorious tax havens,” Mr Crumlin said. “The country is now almost entirely dependent on foreign flag of convenience vessels, often registered in tax havens and crewed by exploited workers on as little as $2 per hour.

“What these three incidents show is that this isn’t an occasional issue involving one rogue operator, it’s a central part of the business model of a growing number of companies that are contracted to supply Australia’s fuel, carry our resources, and move cargo to and from our ports.

“When BHP axed the last two Australian bulk carriers earlier this year — replacing 80 Aussie seafarers with foreign flag-of-convenience vessels — we warned that the ongoing failure of the Australian Government to tighten shipping laws was sparking a race to the bottom.

“Too many big businesses refuse to take responsibility for the exploitation in their supply chains, which is why we need political leadership to ensure Australia’s maritime trade isn’t built upon the systematic abuse of vulnerable foreign seafarers.”

About the ITF and ITF Inspectorate
The International Transport Workers' Federation is a democratic global union federation of 670 transport workers trade unions representing over 20 million workers in 140 countries. The ITF works to improve the lives of transport workers globally, encouraging and organising international solidarity among its network of affiliates. The ITF represents the interests of transport workers' unions in bodies that take decisions affecting jobs, employment conditions or safety in the transport industry.
The ITF Inspectorate is a network of 147 Inspectors and Contacts, based in ports all over the world, whose job inspect ships calling in their ports to ensure the seafarers have decent pay, working conditions and living conditions on board. They conduct routine inspections and also visit ships on request of the crew. If necessary they assist with actions to protect seafarers' rights as permitted by law.

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Standing Committee flourish of treaty activity

THE Joint Standing Committee on Treaties will be holding public hearings on Monday, September 16, 2019 into three treaties: Investments with Uruguay; the ISDS‑UN Convention; and Double Taxation with Israel.

Committee Chair Dave Sharma MP said the hearings would be an opportunity for the Committee to examine increased transparency mechanisms as well as procedural safeguards for Investor-State dispute settlements.

The Committee will also review the details of the treaty to eliminate double taxation between Australia and Israel.

“This review fulfils the Australian Government’s request to expedite consideration of the treaty, which proposes to promote closer economic cooperation between Australia and Israel by reducing and clarifying taxation obligations,” Mr Sharma said.

The Committee will hear from witnesses from the Department of Foreign Affairs and Trade, the Treasury and other relevant government agencies.

Public hearing details

Date: Monday, 16 September 2019
Location: Committee Room 2R1, Parliament House

Investments‑Uruguay

11am to 11:45am

ISDS‑UN Convention

1:45am to 12:30pm

Double Taxation‑Israel

12:30pm to 1:00pm

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

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Inquiry resumes on economic engagement of Traditional Owners

THE Northern Australia Committee has re-commenced its inquiry into the economic engagement of Traditional Owners.

The inquiry will examine opportunities and challenges associated with land rights, native title and other land-related agreements for the purpose of engaging Traditional Owners in the economic development of Northern Australia.

Committee Chair, Warren Entsch, said that with 78 percent of land in Northern Australia claimed or recognised under statutory land rights or native title, the resources available to Indigenous Australians are significant.

"The Committee wants to find ways to work with Traditional Owners so they can make better use of their resources, which will work to the advantage of Indigenous peoples while contributing to the economic development of Northern Australia," Mr Entsch said.

He urged a greater focus on capacity building in grass-roots Indigenous organisations under the land rights and native title regimes.

The inquiry commenced in the last Parliament, and was suspended during the election period. To date, the Committee has received 26 submissions and held one public hearing. 

Submissions are open until Friday, November 15, 2019. 

Further details of the inquiry, including expanded terms of reference, can be found on the Committee’s website.

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Government can act to save New Hope jobs - QRC

THEPalaszczuk Government must immediately approve the New Acland stage 3 project, following a Court of Appeal decision in favour of New Hope, according to the Queensland Resources Council (QRC).

QRC chief executive Ian Macfarlane said there could be no more hold ups, no more delays and no more excuses.

“The New Acland Stage 3 mine should go ahead, securing the jobs of the 150 workers who are facing redundancy because of more than 10 years of delays,” Mr Macfarlane said.

“There is a precedent for the Palaszczuk Government to act. In 2007 Anna Bligh’s Government legislated to guarantee operations at Xstrata’s Wollombi project in Central Queensland in response to a court ruling."

Mr Macfarlane said that at the time, Premier Anna Bligh said: ‘My government is not prepared to have this uncertainty…Next week we will legislate to validate the mining lease so that the mine can proceed, but only with stringent environmental requirements.’

Mr Macfarlane said, "This is in sharp contrast to the Palaszczuk Government, which has refused to act to save the jobs of 150 workers at the Acland mine, where redundancy proceedings have started.

“In fact, the government doesn’t have to take that extra step to legislate, it could simply approve the mining lease and associated water licence to allow the expansion to go ahead.

“In Parliament last week the Premier said the hold up for a decision was because ‘my government is waiting on the finalisation of proceedings in the Court of Appeal’.

“The Palaszczuk Government cannot allow this emotional upheaval affecting New Hope workers and the local community to go on for one moment longer," he said.

"If the government supports coal jobs, it’s not enough just to say so. It has to back up those words with action.

“It shouldn’t matter whether those jobs are in Central Queensland or Southern Queensland. The Premier must act immediately to save New Acland coal jobs.”

Click here for link to Anna Bligh’s statement on October 12, 2007.

www.qrc.org.au

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Banks assume role of moral compass for legitimate businesses - ombudsman

THE Australian Small Business and Family Enterprise Ombudsman, Kate Carnell said banks were wrong to discriminate against legitimate small businesses in the adult industry by blocking their access to essential financial services.

“My office is continuously contacted by sex workers who have complained they have been denied banking services such as merchant facilities to allow them to conduct their business,” Ms Carnell said.

“This is an ongoing issue and we have expressed our concerns to the Australian Banking Association and individual banks involved. There aren’t too many Australians who would rely on banks to be the moral arbiter for society.

“An EROS Association report found that financial services providers were treating adults-only businesses unfavourably on the basis of broad internal policies against the sex industry rather than tailored assessments of financial risk," Ms Carnell said.

“These actions are not only unfair, they are undermining efforts to combat the black economy. Bank accounts and financial services are essential for any legal business to operate.

“There are an estimated 25,000 people employed in the adult industry, which has an annual turnover of $2.6 billion.

“I encourage sex workers who feel they have been discriminated against by a financial service provider to contact ASBFEO for assistance.”

www.asbfeo.gov.au

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Support for exports explored

THE FEDERAL Government's role in supporting exporters and encouraging trade and investment will be the focus of a public hearing on Friday, September 13.

The Trade and Investment Growth Committee is holding the public hearing with government agencies in Canberra as part of its Inquiry into Supporting Australia’s Exports and Attracting Investment.

Committee Chair, George Christensen MP, said, "With increasing international uncertainty regarding trade, it is vital that Australia has the right regulations in place to boost trade and investment opportunities for Australian businesses. The Committee is interested in hearing from agencies about how the government is facilitating trade and investment, particularly in new and rapidly growing areas of export."

Public hearing details

Date: Friday, 13 September 2019
Time: 9.15am to 1.15pm
Location: Committee Room 1R3, Parliament House, Canberra

Further information about the Committee’s inquiry, including the public hearing program is available on the Committee’s webpage.

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Professor Graeme Samuel to appear before House Economics Committee

THE CHAIR of the Australian Prudential Regulation Authority (APRA) Capability Review Panel, Professor Graeme Samuel AC, will appear before the House Economics Committee at a public hearing on Wednesday, September 11, 2019, as part of the committee’s review of the performance and operation of Australia’s banking, insurance and superannuation regulator.

The Capability Review was commissioned by Treasurer Josh Frydenberg in response to the findings of the Hayne Royal Commission. The report of the Capability Review was released in July 2019 and the Panel made 24 recommendations, with 19 directed to APRA and five to the government.

Chair, Tim Wilson MP, said, "The Capability Review Panel identified APRA’s internal culture and regulatory approach needed improvement, and that it had to establish an additional focus on superannuation, while recognising that it was an impressive and forceful regulator in relation to traditional financial risks."

Mr Wilson said, "The hearing will allow the committee to question Professor Samuel on the panel’s assessment of APRA’s capability to deliver upon its statutory mandate and respond to an environment of growing complexity and emerging risks for APRA’s regulated sectors."

Public hearing details

Date: Wednesday, 11 September 2019
Time: 11.05am to 12.05pm
Location: Committee Room 2R1, Parliament House, Canberra

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

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Poor health a barrier to working for Newstart, disability pension recipients: study

PEOPLE receiving the Federal Government’s main unemployment and disability benefits are more likely to have multiple health conditions and to be hospitalised, according to major national study.

The report, released by Monash researchers, is the first national snapshot of the health, and the health service use, of people receiving Newstart and the disability support pension.

The study, led by Professor Alex Collie of the School of Public Health and Preventive Medicine, suggests that a focus on improving the health of these people could increase their ability to find and keep work.

Researchers analysed National Health Survey data of more than 9000 people, including 638 disability pension recipients and 442 Newstart recipients.

People receiving the Centrelink benefits were more likely than workers to have many problems, and more likely to have multiple problems and diseases. They were more likely to be hospitalised, were heavy users of healthcare services, and had higher rates of medication use.

The rate of mental health conditions was much higher among people receiving the benefits, with 69 percent of disability pensioners and 49 percent of Newstart recipients reporting psychological or behavioural problems, compared with 21 percent of workers.

“It’s hard to work when you’re sick. We found large disparities between the health of people receiving Centrelink benefits and wage earners,” Prof. Collie said.

“Some of the findings are quite concerning, particularly the high rates of mental health problems experienced by benefit recipients. We also found that disability pensioners had more than double the rate of hospital admissions compared to wage earners. People on Newstart were three times more likely to report having at least 10 health conditions.

“Our study suggests that efforts to improve health in these groups should be a priority for government. Improving health can help people find and keep work.”

The CEO of the Australian Federation of Disability Organisations, Ross Joyce, said, “This study gives us new insight into the health of people with disability who receive income support through the DSP and Newstart, some of whom are the most vulnerable people in our community.”

“Over the past decade, successive governments have made it more difficult for people to apply for the DSP. We now have 200,000 people with disability who have been taken off the Disability Support Pension and placed on Newstart, many of whom have had their obligations under Newstart waived because of their disability.

“AFDO believes this traps people with disability into poverty and results in poor health outcomes.  We need to urgently address the health of these people and provide them with targeted access to health services,” Mr Joyce said.

The Monash research team is also launching a study that aims to understand the experiences of people on the DSP and their interactions with Centrelink.

“One thing we know is that bureaucratic processes can be bad for health, particularly mental health,” Prof. Collie said.

“Our new study aims to explore the links between people’s interactions with Centrelink and their health.”

People applying for the DSP, or receiving the DSP, can take part in the study by visiting www.dspstudy.com

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