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Ombudsman praises ATO small business independent review service

THE Australian Small Business and Family Enterprise Ombudsman, Bruce Billson has welcomed the ATO’s decision to turn its small business independent review service into a permanent offering, following a highly successful pilot program.

Mr Billson said the ATO’s now permanent independent review service provides small businesses with a timely, free and fair dispute resolution pathway.

“I congratulate the ATO for taking a proactive approach with this commitment to help resolve small business tax disputes,” Mr Billson said.

“The ATO has acted quickly to implement a key recommendation in our recently released report: A tax system that works for small business which will help support small businesses when they disagree with an ATO audit position.

“This ATO decision is a substantial step in the right direction in ensuring small businesses are given a fair go," he said.

“More than 180 small businesses who participated in the pilot program reported the process was fair and independent, irrespective of the outcome, so we welcome the ATO’s move to lock in this service permanently.

“The ATO’s small business independent review service is a crucial part of ASBFEO’s vision of a tax system that works for the small business sector, so businesses can achieve greater productivity, return to profitability and grow employment.

“This ATO service marks an important contribution to a supportive environment which is needed now more than ever as small businesses recover from an incredibly tough 12 months.”

Small businesses engaged in a tax dispute are encouraged to contact ASBFEO for assistance on 1300 650 460 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

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ATO affirms importance of independent review service for small businesses to help resolve disputes

THE Australian Taxation Office (ATO) has today affirmed its commitment to assisting small businesses resolve their taxation disputes. Following a successful multi-year pilot, the ATO’s small business independent review service will be offered permanently as a dispute resolution option for eligible small businesses.

The ATO’s service aims to ensure eligible small businesses have an additional opportunity to resolve a dispute with the ATO in a cost-effective and time-efficient way.

Since the pilot program started in 2018, more than 1,200 small businesses have been offered the service and more than 180 small businesses have taken up the ATO’s offer.

ATO Deputy Commissioner Jeremy Geale said the service was all about ensuring small businesses are given the opportunity to achieve an independent, fast, free, and fair resolution when they disagree with the ATO’s audit position.

“Independence is critical when handling a dispute, so we ensure each and every independent review is done by an officer from a different part of the ATO who was not involved in the original audit," Mr Geale said.

“Small businesses who participated in our pilot told us they found the process to be fair and independent, irrespective of the independent review outcome, so this is a great result, and is a big part of why we are locking this service in permanently.”

Mr Geale clarified that taxpayers could request in-house facilitation at any stage of a dispute with the ATO and that the independent review occurs prior to the ATO issuing an amended assessment and any resulting debt being raised.

Australia is the only jurisdiction that provides so many dispute resolution options to small business taxpayers, according to the ATO, allowing them to be heard at audit, independent review, objection, Court or Tribunal, with appeal rights and Tribunal funding.

The ATO’s decision to transition the pilot to business as usual is consistent with recent recommendations made by the Australian Small Business and Family Enterprise Ombudsman.

The ATO’s small business independent review service is available to eligible small businesses in addition to other dispute options, for example, lodging an objection, in-house facilitation, or by taking the matter up with the Inspector General of Taxation and Taxation Ombudsman or the Australian Small Business and Family Enterprise Ombudsman.

The service is available for eligible small businesses with an annual turnover of less than $10 million in relation to disputes about income tax, GST, excise, luxury car tax, wine equalisation tax, and fuel tax credits. Disputes about employer obligations like superannuation and fringe benefits tax are not eligible for the independent review service.

More information about the ATO’s independent review service including how to request a review and eligibility criteria is available on the ATO’s website.

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Economics Committee to scrutinise APRA and ASIC on financial stability and governance

WITH Australia’s economy starting to recover from the impacts of COVID-19, this Monday (March 29) the House Economics Committee will gather key financial regulation bodies to discuss consumer protection, responsible lending, and other issues.

Witnesses from the Australian Prudential Regulation Authority and Australian Securities and Investments Commission will appear at the hearing.

Committee chair Tim Wilson said, "The COVID-19 pandemic has created unprecedented disruption and uncertainty in the financial sector.

"As Australia moves towards our 'post COVID normal', it is essential to maintain strong prudential regulation; promote competition; and ensure fair and transparent dealings to safeguard financial stability and consumer trust in the financial sector.

‘After the chair of ASIC stepped aside due to allegations of misuse of taxpayer funds during our last hearing, the committee is particularly interested in scrutinising ASIC’s response to the Treasury's review of ASIC governance, released in January this year," Mr Wilson said.

"The committee is also interested in hearing how APRA is promoting strong prudential regulation and operational resilience amongst financial institutions, including super funds."

Public hearing details

Date: Monday, 29 March 2021
Time: 9am to 1.30pm
Venue: Main Committee Room, Parliament House, Canberra, and via videoconference

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

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PSA: NSW budget cuts force ICAC to beg for funding every year

INDEPENDENT funding for ICAC is needed now, according to the Public Service Association, so the corruption watchdog can focus on its investigations rather than trying find annual budget savings.

"Every year budgetary pressure sees ICAC forced to go cap in hand to the Premier for supplementary funding," PSA general secretary Stewart Little said.

"In 2021, the fearless investigator is being asked to find $3.4 million in savings for the next four years.

"Without this cash it is hamstrung in its ability to sniff out corruption or run multiple investigations. The Berejiklian government is whittling it down to its smallest size in three decades."

The latest budget pressure comes after ICAC was forced to find $4.7 million in savings in 2019/20, and $2.9 million in 2018/2019.

"Independent and consistent funding, which is allocated at arm's length from the government, is needed urgently. Keeping NSW corruption free shouldn't be treated as a line item in the budget, it is a core service we need," Mr Little said.

"ICAC is the ultimate check on government. Funding independence removes any threat of pressure from those ICAC is investigating."

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Keeping the lights on: Committee to examine future energy generation and storage

THE House of Representatives Standing Committee on the Environment and Energy today launched a new inquiry into dispatchable energy generation and storage capability in Australia. 

Committee chair, Ted O’Brien MP said, “Australia’s energy system is changing. We are seeing rapid growth in renewable energy and the retirement of thermal energy capabilities which creates a risk of unintended consequences.

“As older power stations leave the market, we can’t rely on intermittent renewables alone to keep the lights on and the costs down,” Mr O’Brien said.

“We need sufficient dispatchable generation capacity to balance renewables, so the electricity system is affordable, reliable and secure. Our new inquiry will tackle this generational challenge by assessing both sides of the equation - generation and storage.

“It’s not just about how the system works today but how it might work in the future, so we’ll assess the future need for dispatchability and the potential for different types of technology.

“We will learn from what’s happening elsewhere in the world to address this challenge while exploring opportunities for Australia to export dispatchable zero-emissions power to others.

“We’re at a turning point in how our electricity market operates and how we respond will be a major determinant of our strength as a nation well into the future. We have to get it right.”

Further information, including the inquiry’s full terms of reference, is available on its website.

The committee will accept submissions addressing the terms of reference until May 7, 2021.

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National disability campaign #SeeME launches to an emotional response

ON TUESDAY, STEPS Employment Solutions launched their highly anticipated #SeeME campaign launch event.

The national campaign, which features a video series, explores the realities of nine extraordinary individuals who face barriers to employment and highlights the importance of concentrating on the abilities of job seekers. This idea is embodied in the event’s tagline of “employMYability”.

The event featured the first screening of all nine participants’ powerful stories, and also saw the nine participants and other speakers share their experience and insights with the audience.

The video series garnered emotional responses from the audience, as well as from the participants themselves.

Carmel Crouch, managing director of STEPS, was also present at the event and shared the importance of campaigns like #SeeME in changing the landscape for young Australians with barriers to gaining employment.

“STEPS Employment Solutions and the idea of giving equal job opportunities to young people with disabilities was what initially began what is now known as STEPS Group Australia in 1989,” Ms Crouch said.

Kerry Staines, the chief executive officer of STEPS Group Australia, spoke at the event and shared her great confidence in what campaigns like #SeeME could achieve.

“This campaign really embodies our core message; that young adults with disabilities, mental health issues, or any other barriers have so much to offer in the workspace,” Ms Staines said.

“Our nine participants are such a small part of such a large group of amazing, qualified, and deserving people.

“I really hope that this campaign helps more employers see that good employees don’t just come in one form.”

While the campaign’s launch was a great success, each participant has far more insight and experience that they look forward to sharing with the Australian community.

“It has been a great opportunity to share what it’s like to try to overcome barriers in employment,” one of the campaign’s participants, Jessica, said.  

“Hopefully, we can encourage more conversations about those barriers and the strengths of diversity.

“Inclusive workspaces start in the hiring process so working toward better knowledge and processes will surely highlight our abilities.”

https://seeme.stepsemploymentsolutions.com.au/

Participants stories are on the STEPS Employment Solutions YouTube channel at https://youtu.be/TUXDjcGdjeg

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Aussie logs for Aussie jobs report published

THE Australian Parliament’s Agriculture and Water Resources Committee has published its report Aussie logs for Aussie jobs: inquiry into timber supply chain constraints in the Australian plantation sector.

The committee’s inquiry considered challenges preventing growth in Australia’s timber industry and investigated potential solutions to current issues.

The committee chair, Rick Wilson MP, noted the ongoing decline in the extent of the domestic plantation estate, and stated that "more needs to be done if the timber industry is to flourish into the future".

"From greater investment in forestry research and development capabilities, farm forestry, and the exciting new possibilities presented by carbon storage initiatives, the industry is ripe for innovation and growth. With the appropriate policy settings, the plantation industry may once again have the potential to expand, and indeed thrive." Mr Wilson said.

Mr Wilson also highlighted the importance of encouraging greater transparency in softwood pricing. The committee recommended the Australian Government support stakeholders to develop a voluntary code of conduct for the timber industry to facilitate long-term supply contracts between producers and processors for the mutual benefit of both.

Mr Wilson said, "It is anticipated that such an arrangement would better support the growth of an efficient domestic processing sector, while reducing the risks associated with reliance on export markets for plantation owners."

The committee’s report can be found at the inquiry website.

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CFMMEU penalties in Queensland now top $3m mark in ABCC cases

THE Federal Court today penalised the Queensland division of the CFMMEU and four of its officials $153,510 following a series of right of entry breaches during construction of the 34-storey 180 Ann Street, Brisbane, office tower in 2014.

CFMMEU officials Chad Bragdon, Kevin Griffin, Michael Myles and Andrew Sutherland were penalised a total of $23,460 as a result of their breaches. The CFMMEU was also found liable for the officials’ contraventions and penalised $130,500.

The Court found between June 27, 2014 and July 17, 2014 the CFMMEU officials breached right of entry laws on five separate occasions.

On each occasion the officials failed to provide the required notice before entering the site and refused to sign the visitor’s register as required by site safety protocols. All officials with the exception of Mr Myles also refused to show their entry notices.

On June 27, 2014, Mr Myles told the head contractor’s project manager they could “go and get f…ed” when the project manager advised him he could not enter the site, the Court heard.

The Court also found Mr Bragdon on July 17, 2014 organised workers to stop work and by doing so intentionally hindered the head contractor from carrying out its work.

The 110 workers involved in the stop work did not return to work that day. The workers also took unlawful industrial action on June 26, 2014 and July 7, 2014.

Justice Collier in her judgment said, There is no evidence before me of any contrition or corrective action on the part of the individual respondents or the CFMMEU. Further, the history, including recent history, of contraventions by the CFMMEU strongly suggests a corporate culture in the CFMMEU which is not conducive to compliance with the FW Act.”

Justice Collier went on to say of the CFMMEU, “The absence of contrition or corrective conduct on the part of the CFMMEU supports the imposition of penalties which will be a meaningful deterrent to future conduct of this nature.”

In commenting on Mr Bragdon’s conduct Justice Collier found the ABCC’s submissions had merit in relation to Mr Bragdon deliberately inflicting industrial harm by organising unauthorised industrial action: “Mr Bragdon's conduct also involved the added dimension of organising unauthorised industrial action whilst on the Site. In my view Mr Bragdon's conduct was serious.”

ABCC Commissioner Stephen McBurney said the penalties against the CFMMEU and its officials highlighted the serious nature of their actions.

“The CFMMEU in Queensland is a repeat offender when it comes to breaching right of entry laws,” Mr McBurney said. “Not only did the union and its officials repeatedly breach right of entry laws, Mr Bragdon also organised workers to down their tools and stop working, and in the case of Mr Myles, when confronted about being on site unlawfully he responded with offensive language.

“This judgment takes penalties imposed on the CFMMEU and its officials in ABCC case in Queensland beyond $3m which is more than any other State or Territory in Australia. This is a concerning trend. 

"We will continue to deploy our investigative resources where they are needed most with Queensland at the forefront of unacceptable behaviour, including abuse, intimidation and threatening conduct on building and construction sites.”

There are currently 10 matters before the courts involving the CFMMEU in Queensland. Eight of these relate to alleged right of entry breaches.

Since the ABCC was re-established in December 2016 the courts have penalised the CFMMEU in Queensland $3.132 million for 931 contraventions of workplace laws.

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Significant demand for adult literacy services

THE House Employment, Education and Training Committee will hear evidence from adult literacy experts located in Western Australia and New South Wales by teleconference on Wednesday, March 24, 2021 as part of its inquiry into adult literacy and its importance.

Committee chair, Andrew Laming MP said, "The committee continues to receive rich and varied evidence about the importance of adult literacy and the challenges that people face in improving their literacy and numeracy.

"We have heard there is significant demand for adult literacy services, and there is unmet need in some parts of the country. The committee will examine these and other issues in more depth at the roundtable hearing," Mr Laming said.

Appearing via teleconference from Western Australia will be representatives of the Community Adult Literacy Foundation, Read Write Now and the Western Australian Adult Literacy Council, as well as researcher and educator Dr Marguerite Cullity. The New South Wales Adult Literacy and Numeracy Council and the Reading Writing Hotline will also be appearing.

Published submissions, hearing transcripts and further details about upcoming public hearings will be available on the committee’s website as the inquiry progresses.

To learn more about the inquiry, view a video featuring chair Andrew Laming MP.

Public hearing details

Date: Wednesday, 24 March 2021
Time: 11.40am to 1pm
Location: Committee Room 1R2, Parliament House, Canberra
Format: Roundtable via teleconference

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

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Union partnership to urge Labor to reform shameful worker abuse in fruit and vegetable sector

THE Retail Supply Chain Alliance will push for the Australian Labor Party to formally commit to a range of measures aimed at restoring fairness to Australia's fruit and vegetable sector, including a royal commission into worker abuse in horticulture, the scrapping of the 88-day visa scheme, and minimum hourly pay rates for fruit and vegetable pickers.

The proposed amendments to Labor's platform will be presented to the ALP National Conference later this month.

AWU national secretary and Retail Supply Chain Alliance spokesperson Daniel Walton said the need for change was clear.

"The current push to civilise working conditions on Australian farms is a classic Labor cause that our party should unequivocally champion," Mr Walton said.

"The Australian Labor Party was founded on the principle that if you do a fair day’s work you should get a fair day’s pay. We built the nation on this principle. Farms in 2021 should not get a special carve out.

"Our fruit and veggie sector is addicted to easily exploitable labour and we need to end it. As a result, thousands upon of thousands of jobs that could go to Australians are being performed by temporary migrants who know they are being ripped off and abused, but are forced to accept it.

"Instead of modernising in line with farms across Europe, we have created an incentive for Australian farms to take the lazy option of exploiting developing world labour standards. It's a shoddy and unsustainable way to run a sector.

"We need a Royal Commission to truly understand the breadth of this problem and we need a clearsighted federal government to get on and fix it.

"Regional communities would thrive if the government enforced decent Australian working conditions on farms. Work that is currently itinerant and shadowy would transform into long-term, sustainable jobs a community can build around."

The Retail Supply Chain Alliance is a partnership between the Australian Workers' Union (AWU), the Shop, Distributive and Allied Employees' Association (SDA), and Transport Workers' Union (TWU.)

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Investor collaboration following heritage destruction at Juukan Gorge gets agreement from Rio Tinto

INTERNATIONAL investors involved in engagement with Rio Tinto on how it will address failings that led to heritage destruction at Juukan Gorge have welcomed the company’s announcement today on new disclosure and governance oversight measures aimed at rebuilding trust with Traditional Owners.

HESTA led an engagement supported by a group of Australian, UK and European investors that sought key transparency commitments aimed at giving investors confidence the company was making progress on managing cultural heritage and fostering respectful partnerships with Indigenous communities.

“Investors put forward very clear requests around what disclosure and governance arrangements we needed to see to ensure that the tragic heritage destruction at Juukan Gorge never happens again,” HESTA CEO Debby Blakey said.

“It’s pleasing that we’ve had constructive discussions with Rio Tinto that can support progress towards managing this clear financial risk for investors. The steps the company has agreed to will support broader improvements in practices, disclosure and oversight urgently needed across the mining sector.

“Rio is at the start of a very long process of rebuilding trust. It will require long-term commitment to deep-seated cultural change and strong frameworks and processes in place to support genuine, open and ongoing partnership with Indigenous communities, no matter who is in management or Board roles.”

Ms Blakey said the investor group welcomed Rio’s commitment to continue dialogue with investors on disclosure and governance improvements.

“It’s vital that we see ongoing public reporting so investors can monitor progress over time and all stakeholders can have confidence that what Rio commits to is implemented and is effective,” Ms Blakey said.  

The investor group consisted of: ACSI, AustralianSuper, Aviva Investors, Aware Super, Brunel Pension Partnership, CareSuper, Catholic Superannuation Fund, Cbus, Council of Ethics of the Swedish National Pension Funds,  EOS at Federated Hermes, Equipsuper, HESTA, IFM Investors, Local Government Super, LUCRF Super, M&G Investments, Telstra Super, UniSuper, USS Investment Management, Victorian Funds Management Corporation and Vision Super.

Andy Jones, mining lead for EOS at Federated Hermes, said, “We welcome the commitment by Rio Tinto to provide enhanced disclosure on communities and cultural heritage performance.

“Importantly, the disclosure will better include the voice of affected communities. It is vital for stakeholders to have trust in the company’s approach and actions. This is a great opportunity for the company to use hard lessons learned over the past year to set a higher benchmark for company reporting on social impact and community relations.”

Rio announced it would support increased transparency around its approach to cultural heritage with additional regular disclosure on:

  1. Ongoing progress against Rio’s own commitments and internal work-streams, external obligations and recommendations.
  2. How Traditional Owners’ views are being sought and considered in shaping these commitments and Traditional Owners perspectives on how successfully these commitments are being met.
  3. The enhanced governance arrangements in place to oversee the company’s progress against these actions.
  4. How the company is working to advocate for enhanced sector-wide cultural heritage management and how this is consistent with our internal standards.

Ms Blakey said HESTA had regularly sought the views of a range of stakeholders including representatives of Traditional Owners and Indigenous organisations. This ongoing consultation will inform what disclosure and other arrangements are needed to provide greater certainty around cultural heritage protection and respectful partnerships with local communities.

“We will continue to consult with Indigenous communities and organisations to understand how investors can support the mining sector to build long-term, sustainable community partnerships grounded in recognition and respect,” Ms Blakey said.

About HESTA

HESTA is the largest superannuation fund dedicated to Australia’s health and community services sector. An industry fund that’s run only to benefit members, HESTA now has over 880,000 members (more than 80% are women) and manages more than $58 billion in assets invested around the world. As a responsible steward of their members’ retirement savings, HESTA focuses on achieving strong, sustainable, long-term returns while making a positive difference to the world members will retire into. HESTA is the acronym for Health Employees Superannuation Trust Australia and should appear in capitals.www.hesta.com.au

About Federated Hermes, Inc

Federated Hermes, Inc. is a leading global investment manager with $619.4 billion in assets under management as of December 31, 2020. Guided by the conviction that responsible investing is the best way to create wealth over the long term, its investment solutions span 162 equity, fixed-income, alternative/private markets, multi-asset and liquidity management strategies and a range of separately managed account strategies. Providing active investment management and engagement services to more than 11,000 institutions and intermediaries, clients include corporations, government entities, insurance companies, foundations and endowments, banks and broker/dealers. Headquartered in Pittsburgh, Federated Hermes’ more than 1,900 employees include those in London, New York, Boston and several other offices worldwide. www.FederatedHermes.co

 

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