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Community Legal Centres welcome the passing of Respect@Work as a 'huge milestone for Australia'

LEADING Community Legal Centres (CLCs) have welcomed the passing of the Government’s Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022.  

The Bill gives legislative effect to key Respect@Work recommendations, including the creation of a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful sex discrimination. It was also a key election commitment for the Albanese Government.

Kingsford Legal Centre director Emma Golledge said of the changes, “We are thrilled by the creation of a positive duty on employers to eliminate sexual harassment at work. We have been advocating for this for many years.

"This provision has the potential to have a profound impact on the lives of many workers in Australia. This will mean employers will have a legal obligation to take concrete steps to make workplaces safer and free from sex discrimination. This will have a cultural and systemic impact, with the burden of preventing and addressing sexual harassment being shifted to those in positions of power.”

Statutory review provision

CLCs also congratulate the Federal Government for amending the Bill to include a statutory review clause. Under the Bill, the Minister will commence an independent review of the Bill two years after the enforcement provisions for the positive duty come into effect. This will include a review of whether the Australian Human Rights Commission is adequately supported to carry out its enforcement role for the positive duty.

Women’s Legal Service NSW principal solicitor Pip Davis said, “This Bill is too important to not be subject to ongoing statutory review. The Bill creates provision for at least one review.

"Statutory review will be vital to ensure that the provisions on enforcing the positive duty are working in practice, and that the Bill is achieving its key goals of eliminating unlawful sex discrimination and holding employers accountable for failing to provide a workplace that is safe and free from sexual harassment. It will also give us the opportunity to assess whether the Australian Human Rights Commission is being properly funded and supported to undertake its key role of enforcing the positive duty.”

Community Legal Centres Australia’s representative on the Respect @Work Council, Zana Bytheway also noted the importance of statutory review of the Bill so that the amended legislation ensures greater consistency and intersectionality in federal anti-discrimination law.

"This Bill is a huge first step, but it is just the beginning in terms of reforming federal anti-discrimination laws to operate more consistently and reflect the intersectional nature of discrimination," Ms Bytheway said.

"For example, our centres will be advocating for a positive duty on employers to not just prevent sexual harassment but to prevent other forms of discrimination at work, including discrimination based on disability, age, and race. This provision will assist us with this work.”

Costs review on Federal Anti-discrimination law

While the government originally proposed a ‘cost neutral’ approach to costs in federal discrimination matters under the Bill, this provision has been removed. The provision sought to create a presumption that parties bear their own costs in federal discrimination matters. Community Legal Centres had raised concerns about how the provision would operate for CLC clients.

CLCs have been advocating for an “equal access” model for costs. This approach would provide people who bring discrimination matters in the federal courts with greater protection against an adverse costs order if they lose their matter, but still enable them to access an order for the other side to pay their legal fees if they win.

The Attorney-General’s Department has committed to immediately commencing a review into the approach to costs in discrimination matters. CLCs have supported this in the short-term to provide greater opportunity for consultation on the best costs model for the Bill.

Kingsford Legal Centre's Ms Emma Golledge said, “The issue of costs in human rights matters is a key access to justice issue for many of our clients. Even the strongest discrimination cases can lose in court on technical points.

"We look forward to continuing to advocate through this review process for the best costs model. Australia must get this costs issue right so that women who experience sexual harassment at work are not afraid to litigate matters and hold perpetrators to account.”

www.clcs.org.au

www.wlsnsw.org.au

www.unsw.edu.au

 

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Hearings on migration as a pathway to nation building

AUSTRALIA is a migrant nation and one of the world’s most successful multicultural societies, with over half the population born overseas or having at least one parent born overseas. Broad and inclusive migration has been a cornerstone of modern Australia’s social, cultural, and economic prosperity.

The role of migration in continuing to shape the nation is the focus of a new inquiry by the Joint Standing Committee on Migration. The Migration, Pathway to Nation Building inquiry will broadly examine how permanent migration contributes to nation building, cultural diversity and social cohesion, and acts as a strategic enabler of vibrant economies and socially sustainable communities.

Committee Chair, Maria Vamvakinou MP, said the inquiry would complement the on-going Federal Government review of the migration system, recently announced by the Minister for Home Affairs, by taking a ‘big picture’ view of migration and through hearing from wide sectors of the Australian community on how migration can continue to underpin Australia’s prosperity and growth.

"The policy settings we put in place today will help shape the size and composition of Australia’s population for generations to come," Ms Vamvakinou said. "That is why we must consider this issue carefully and get it right.

As a nation, we need to do more to attract and retain the best people to contribute to the Australian economy in the face of fierce international competition for talent and severe labour shortages at home. We need to consider how migration can best contribute to cultural enrichment and social cohesion, and how we can strengthen pathways to permanent residency and citizenship for migrants and their families," she said.

‘Migrants come to Australia with a wide array of life experiences, knowledge, skills, and unique perspectives. We need to think how we can enable migrants to leverage these attributes for their own betterment and fulfilment, and to contribute to the growth and resilience of the nation," Ms Vamvakinou said.

Ms Vamvakinou encouraged all interested individuals and groups to contribute their thoughts on this vital issue. Submissions to the inquiry are open until Monday February 13, 2023.

More details on the inquiry are available on the Committee website.

The terms of reference for the inquiry are:

The Joint Standing Committee on Migration shall inquire into and report on Australia’s migration system, with reference to:

  1. The role of permanent migration in nation building, cultural diversity, and social cohesion;
  2. Immigration as a strategic enabler of vibrant economies and socially sustainable communities in our cities and regional hubs;
  3. Attraction and retention strategies for working migrants to Australia;
  4. Policy settings to strengthen skilled migrant pathways to permanent residency;
  5. Strengthening labour market participation and the economic and social contribution of migrants, including family and humanitarian migrants and the partners of working migrants;
  6. The role of settlement services and vocational training in utilising migrant experiences, knowledge, and opportunities; and
  7. Other related matters that may assist the inquiry.

 

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Disability Employment Australia strongly supports the two-year extension of the DES program

DISABILITY Employment Australia (DEA) has congratulated the Minister for Social Services, Amanda Rishworth MP and the Albanese Government’s decision to extend DES for two years.

According to DEA CEO, Rick Kane, it is a reasonable and considered approach to an important reform. This will ensure that suitable time is available for ideas to enhance the current DES to be tested and trialled, with a core focus on quality service and improved employment outcomes for people with disability.

"The Minister and Government have demonstrated their commitment to improving the employment opportunities of people with disability via the recent disability employment round table, Jobs and Skills Summit and development of a White Paper," Mr Kane said.

He said most DEA members had been operating the DES program for more than 20 years in towns and cities across Australia. DES providers have secure sustainable employment for more than 200,000 people with disability since 2018.

"They have done an excellent job, engaging people with disability seeking employment, their families, communities, and employers," Mr Kane said.

"DEA expects that the next stage of the process, designing a new model of disability employment to include disability representative organisations, employer groups and provider peak bodies such as DEA. DES providers also play a critical role in understanding service quality and ensuring that people with disability are the centre of decision-making and service.

"DEA also supports the government decision to open consultation on modernising the Disability Services Act 1986, seeking to put people with disability and their views at the centre of policy design.  

“The Albanese Government has made the right decision to extend DES so we can start work on the next stage of reforming DES," DEA CEO, Rick Kane said. "The process must be truly consultative, engage evidence, data and experience and allow enough time for testing. We look forward to working with Minister Rishworth and the Department and other stakeholders to continue to improve the disability employment service model.”

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Plastic pollution in committee’s sights

THE House of Representatives Standing Committee on Climate Change, Energy, Environment and Water has commenced a new inquiry into plastic pollution in Australia’s oceans and waterways.

In launching the inquiry, Committee Chair, Tony Zappia MP said, "Australia produces some 2.5 million tonnes of plastic waste annually and of this, around 130,000 tonnes leaks into the environment, including our oceans and waterways.

"The impact of plastic pollution on marine environments is significant, particularly as larger plastic items break down and leave microplastic remnants that are absorbed by plants, wildlife, and humans," Mr Zappia said.

"The inquiry will consider the effectiveness of existing frameworks and engagement initiatives aimed at reducing plastic pollution while also examining impactful approaches across the world."

The committee’s inquiry will examine the impact of plastic pollution, including microplastics, having regard to:

  • the environmental impacts of plastic pollution particularly in oceans and waterways;
  • the effectiveness of Australia’s plastics management framework under the National Plastics Plan and related policies to reduce plastic pollution particularly in oceans and waterways;
  • the effectiveness of the Australian Government’s engagement with states, territories, industry and non-government organisations to reduce plastic pollution particularly in oceans and waterways;
  • the effectiveness of community campaigns to reduce plastic pollution particularly in oceans and waterways and encourage the use of alternative materials;
  • global initiatives underway to reduce plastic pollution particularly in oceans and waterways;
  • any other relevant matter.

The committee is inviting submissions to the inquiry addressing any or all of the terms of reference by December 22, 2022.

Further information about the committee’s inquiry is available on its website.

 

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Treaties Committee supports ratification of a further trade agreement, this time with India

THE Joint Standing Committee on Treaties has recommended the Australian Government ratifies the Australia-India Economic Cooperation and Trade Agreement (AI-ECTA). This comes shortly after the committee recommended ratification of the free trade agreement with the United Kingdom.

Committee Chair, Josh Wilson MP said, “This ‘early harvest’ agreement with India paves the way for further trade, market access, investment and regulation that requires global cooperation. The AI-ECTA also ensures that Australia will not be excluded from improved trade and market access which may arise from agreements India subsequently negotiates with other nations.

“As an interim agreement however, the AI-ECTA is not as comprehensive in its scope and coverage as other trade agreements and under-achieves in areas of potential and immediate interest to Australia such as wine.

“As Australia moves towards a Comprehensive Economic Cooperation Agreement, the committee has noted the importance of improved tariff reductions, greater access to services, and on broader matters like intellectual property, cultural heritage, the environment, and labour rights.”

The committee also took the opportunity in this report to express concerns regarding the extent and quality of consultation, transparency of negotiations, and lack of independent modelling and analysis of trade agreements.

In doing so, the committee again recommended the Australian Government implements the recommendations made in Report 193: Strengthening the Trade Agreement and Treaty-Making Process in Australia.

The report can be found on the Committee website, along with further information on the inquiry.

 

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SafeWork NSW wants businesses to have their say on 'healthy work'

BUSINESSES and communities can now have their say in shaping SafeWork NSW’s new strategy to enhance health and safety measures for workers across the State.

Head of SafeWork NSW, Natasha Mann said the NSW Government wanted to hear from workers, employers and business stakeholders to help inform the Towards Healthy Work Plan due to be launched in late 2023.

“Prevention of workplace incidents has mainly focused on identifying physical hazards in the workplace but research shows health and safety can be improved further when work is designed to be physically and psychologically healthy and workers are engaged in the way work is done,” Ms Mann said.

“SafeWork NSW is encouraging the business community to review our principles of ‘Healthy Work’ and to contribute to ideas, stories and examples of work practices that are healthy.

“Recent amendments to the WHS regulations have introduced specific obligations to consider employees’ psychological health when designing systems at work. SafeWork NSW now wants to encourage an integrated approach towards healthy work in their plan," mS mANN SAID.

“During the consultation period, we want your input, including examples of how healthy work is good for business, how leadership is fundamental to creating healthy work, and the ways in which healthy work can positively influence lives.

“This ‘have your say’ proposes to strengthen an already robust work health and safety framework and ensure clarity and consistency across various industries.

“We want all stakeholders to have an opportunity to provide feedback and to share examples of what they look for in a healthy workplace," she said.

“This work builds on SafeWork’s commitment to improving work health and safety by ensuring businesses meet their compliance obligations, and are supported to achieve healthy, safe and productive workplaces.”

Read more and have your say at: https://www.haveyoursay.nsw.gov.au/healthy-work?utm_medium=email&utm_source=MR

Consultations close 5pm on Tuesday, January 31, 2023.

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Treaties Committee supports ratification of Australia-UK Free Trade Agreement

THE PARLIAMENTARY Joint Standing Committee on Treaties has recommended the Australian Government ratifies the Free Trade Agreement between Australia and the United Kingdom of Great Britain and Northern Ireland (AUKFTA).

Committee Chair Josh Wilson MP said, “The AUKFTA reflects the longstanding importance, quality, and depth of the political, cultural, and economic relationship between Australia and the United Kingdom while looking to set a framework for future trade and cooperation.

“The AUKFTA would contribute to diversifying Australia’s trade and addresses both traditional free trade agreement concerns while incorporating a range of wider social and economic principles. At the same time, the AUKFTA preserves policy and regulatory space for Parties in rapidly evolving sectors such as digital trade and financial services”, Mr Wilson said.

The committee agreed the liberalisation outcomes appeared balanced and while noting there remained some barriers to trade in goods, it was recognised that on entry into force 99 percent of Australian goods exports by value would enter into the UK without tariffs. They also saw the liberalisation of the rules for services and investment as having the potential to open new markets for Australian service suppliers.

The committee did however, express ongoing concern regarding the lack of independent economic impact analysis, and the substance and quality of consultation.

As such, the committee also recommended the Australian Government implement the recommendations of its previously made Report 193: Strengthening the Trade Agreement and Treaty-Making Process in Australia.

The report can be found on the Committee website, along with further information on the inquiry.

 

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Alibaba Group’s 2022 11.11 Global Shopping Festival focuses on building brand loyalty and sustainability

ALIBABA Group has launched its annual 11.11 Global Shopping Festival, focusing on developing loyalty and growth for brands and sustainable consumption. This year there are 17 million products available, and more than 290,000 brands participating. 

Thousands of Australian and New Zealand brands are participating in the event in its 14th year, including EZZ Life Sciences, Blackmores and Swisse, and utilising Alibaba's new Mini stores Koala Eco and Maxi Block, and new to China brands Slendier and Schibello Coffee.

The Festival presents one of the most powerful drivers of growth for Australian businesses, and local brands are expecting to capture new opportunities this year. 

“With Alibaba’s more than one billion consumers in China, the annual 11.11 Global Shopping Festival is a fantastic opportunity for Australian businesses to build their awareness and sales in the China market and to innovate with new products and marketing ideas. We continue to provide our merchants with innovative technologies and enriching tools to drive brand loyalty and business growth,” said Pier Smulders, general manager for Australia and New Zealand at Alibaba Group. 

“Now that 11.11 is in its 14th year, it is crucial for us to focus on building values beyond discounted deals," Mr Smulders said. "Alongside supporting our merchants to cultivate high-value customers, we are also building a greener 11.11 community and helping brands and consumers make more sustainable choices."

Alibaba’s ecosystem-wide premium loyalty membership programme 88VIP has over 25 million members with annual average spending of more than RMB57,000 which reflects the high-quality consumer base with strong purchasing intent on its platforms.

This year, Alibaba is equipping merchants with tools and solutions to grow their brand loyalty membership programmes and unveil new products, among other initiatives, to help them succeed during and beyond 11.11. To date, more than 40 brands on Tmall have loyalty membership programmes that surpassed ten million members and 600 brands have loyalty membership programmes with over one million members.

Promising performances from the First Check-out Window

The festival this year consists of two check-out windows. The first window began in the evening of October 31 and ended on November 3, while the second window started yesterday at 8pm and will end at midnight today (all China time). In the first hour of the first check-out window, 102 brands recorded more than RMB100 million in gross merchandise value (GMV) on Alibaba platforms. More than 40 percent were international brands. 

Livestreaming continues to be an effective channel for consumer engagement. In the first hour of the first check-out window, the number of views recorded by Taobao Live increased by 600 percent compared with the first hour of the first purchasing period last year. Users on the livestreaming e-commerce platform can watch videos and buy items instantly with a product display feature at the bottom of the screen.

There are early successes on brands from Tmall Global. During the first sales window, 750 international brands on Tmall Global achieved more than 100 percdent in GMV growth compared with the first sales window last year. Among international brands on Tmall Global that are new to the China market, 300 brands surpassed RMB1 million in GMV and 20 brands surpassed RMB10 million in GMV. Tmall Global is the leading cross-border platform that allows brands and retailers to access Chinese consumers without the need for a physical presence in China. 

A greener 11.11 community

This year sees more initiatives aimed at building a greener 11.11 community. In accordance with newly released guidelines for low-carbon products by Alibaba Group. At this year’s 11.11, Tmall has ramped up efforts to label low-carbon products covering extended shopping categories such as apparel, food and cosmetics apart from energy-efficient electronic goods to drive sustainable consumption. 

Tmall together with Alibaba Cloud, the digital technology and intelligence backbone of Alibaba Group, have leveraged the cloud unit’s carbon management platform Energy Expert to provide online carbon footprint modelling, calculating and certification for the brands participating in our green initiatives to identify low-carbon products and conduct informed sustainability practices.

 

About the 11.11 Global Shopping Festival

The 11.11 Global Shopping Festival began in 2009 with participation from just 27 merchants as an event for merchants and consumers to raise awareness about the value of online shopping. For the latest news and updates on the 2022 11.11 Global Shopping Festival, visit https://www.alizila.com/  

 

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Banking Code Compliance Committee shows improvements in 2021-22 annual report

THE Banking Code Compliance Committee (BCCC) has highlighted its first independent review and the work it has undertaken to implement the recommendations in its 2021-22 Annual Report.

In response to the review, the BCCC said it was improving its approach to operate more efficiently "while maintaining a high quality, trusted program of compliance monitoring".

'We were pleased with the consultative approach of the review and the comprehensive report that followed,’ BCCC chair, Ian Govey AM said.

"The report showed that the BCCC plays a critical role in promoting compliance with the Code and we are working hard on implementing the recommendations it made."

In its annual report, the BCCC noted the significant progress it had made on several recommendations. In particular, it emphasised how it had revitalised its Small Business and Agribusiness Advisory Panel.

"Breathing new life into the Small Business and Agribusiness Advisory Panel is an important step," Mr Govey said.

"The expert insight and advice we get from this panel is vital and we already see the value in its renewed form."

The annual report also made note of the need for banks to reduce breaches of the Code, and the BCCC expected improvements in the next 12 months.

For three consecutive reporting periods, July 2020 to December 2021, banks reported about 20,000 breaches, resulting in an overall increase of nearly 20 percent.

"A rise in Code breaches suggests that banks can still improve their systems and processes to comply with obligations," Mr Govey said.

"Although we have had changes in the regulatory environment in the past 18 months, banks have had sufficient time to consider the implications and ensure appropriate systems and processes are put in place.

"We expect to see better results in the coming 12 months."

The BCCC’s inquiry into inclusivity, accessibility and vulnerability was also a feature of the Annual Report, and it points to more work with banks in this area.

It showcases the findings of the inquiry, reiterating banks are in a prime position to identify customers at risk of poor outcomes and should ensure their systems and processes allow fair outcomes for all customers.

It states that the BCCC will follow up with banks in 2022-23 to see the action they took to address the inquiry’s findings and recommendations.

"This follow-up work is crucial," Mr Govey said. "To see the true effect of the inquiry, and whether it has led to improvements, we need to follow up with banks and examine their responses.

"The next financial year will reveal the extent to which banks implemented the recommendations. We expect to see some good results."

For the first time, the BCCC consulted stakeholders on its work program. The consultation focused on issues of the greatest risk of consumer harm, and the responses contributed to the development of the BCCC’s priority areas for the year ahead.

 

About the BCCC

The Banking Code Compliance Committee (BCCC) monitors adherence to the Banking Code of Practice. The BCCC’s purpose is to monitor and drive best practice Code compliance. To do this, the BCCC:

  • examines banks’ practices* identifies current and emerging industry wide problems* recommends improvements to bank practices* sanctions banks for serious compliance failures, and* consults and keeps stakeholders and the public informed.

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Workforce Australia Committee to hold first public hearing

THE Select Committee on Workforce Australia Employment Services will hold its first public hearing today, Thursday November 3, from 11.30am to 5pm AEDT.

The Committee will hear from the Department of Employment and Workplace Relations (DEWR), with a focus on key components of the system such as mutual obligations and the Targeted Compliance Framework. DEWR will also provide data on participant cohorts and demonstrate how online services platforms are used by individuals and employers.

There will be visual presentations and interactive demonstrations through most of the hearing to publicly explain and expose the:

  • composition of the current unemployment caseload – who are the unemployed in Australia today and where do they live?
  • online systems that unemployed Australians and employers use, and
  • controversial Targeted Compliance Framework.

Committee Chair, Julian Hill MP said, “This is a first-principles review of Workforce Australia and the employment services system. We will build a robust evidence base starting with an understanding of who are the unemployed in Australia today and what are the systems they are required to engage with and be subject to. The Committee needs to understand the issues in detail to make recommendations so that employment services are best designed to meet current and future challenges facing Australian society”.

The Committee will call for submissions to its inquiry into Workforce Australia Employment Services in the coming weeks and will publish guidance material to assist submitters.

Further information about the inquiry, including Terms of Reference, published submissions and hearing transcripts, will be available on the inquiry website.

Public hearing details

Date: 3 November 2022

Time: 11.30am – 5pm AEDT

Location: Main Committee Room, Parliament House, Canberra

Witnesses: Department of Employment and Workplace Relations

The hearing will be live broadcast via the Parliament’s Watch, Read, Listen website.

 

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Financial Services Council welcomes 2022-23 Federal Budget

THE 2022-2023 Federal Budget has delivered on the Fedetal Government’s promise to implement its election commitments, according to the Financial Services Council (FSC).

FSC CEO Blake Briggs said, “The Government’s new Housing Accord delivers on the Government’s commitments and the financial services industry looks forward to the opportunity to take on the historical challenges that have prevented institutional capital from investing in affordable housing. 

“The FSC will work constructively with Government to ensure that any capital deployed is consistent with the legal obligation on superannuation trustees to promote the best financial interests of members.”

The FSC also welcomed additional funding to introduce climate reporting standards for large businesses and financial institutions, in line with international reporting requirements.

“The Government has responded to funds management industry calls for a mandatory, principles-based climate-reporting regime that will support investment in climate reduction and abatement, and we look forward to supporting the Government with this initiative,” Mr Briggs said.

The FSC also welcomed the Government’s Women’s Economic Equality Taskforce, which will advise on the optimal settings for the extension of the Government Paid Parental Leave scheme from 18 to 26 weeks, but urged the Government to go further to promote women’s economic security in retirement.

“It would be a missed opportunity if this taskforce did not recommend paying superannuation contributions on the Government’s paid leave program, which would help close the gender gap in superannuation – women on average have 25 per cent less superannuation than men at retirement," Mr Briggs said.

The FSC was also encouraged to see the Federal Budget contained no adverse changes to superannuation taxation and contribution settings.

“Stability in the superannuation tax and contribution settings ensures consumers have the confidence they need to make financial plans for their future as they battle inflation and plan for an uncertain global outlook," Mr Briggs said.

“Future budgets must continue to honour election commitments to provide stability and certainty in superannuation policy settings, and an enhanced focus on structural reform and economic growth to achieve Budget sustainability – not just increased taxes.”

www.fsc.org.au

 

About the Financial Services Council

The FSC is a peak body which sets mandatory standards and develops policy for more than 100 member companies in one of Australia’s largest industry sectors, financial services. FSC Full Members represent Australia’s retail and wholesale funds management businesses, superannuation funds, life insurers and financial advice licensees. Supporting Members represent the professional services firms such as ICT, consulting, accounting, legal, recruitment, actuarial and research houses. The financial services industry is responsible for investing $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 one of the largest pools of managed funds in the world.

 

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