Key developments
- Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022
- Draft Building Compliance and Enforcement Bill 2022, Draft Building and Construction Legislation Amendment Bill and Regulation 2022
- Draft Building Bill 2022
- Inquiry into Commonwealth grants administration
- Commonwealth Government – Employment White Paper Consultation
- Consultation paper: Fraud and fraud related offences
- 2022 Review of the Compulsory Third Party (CTP) Scheme – Additional submission
- Amendments to the Workers Compensation Regulation 2016
- AAT – Draft Migration and Refugee Division Practice Direction
- Strategic plan to combat modern slavery
- Remake of Oaths Regulation
- Interoperability pricing for Electronic Lodgment Network Operators – IPART Issues Paper 2
- Public consultation on proposed Retail Leases Regulation 2022
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022
The Employment Law and Human Rights Committees contributed to a submission to the Law Council of Australia in relation to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (‘the Bill’). The Bill proposed a broad range of amendments to the Fair Work Act 2009 (‘the Act’).
In our submission, we supported including ‘job security’ and ‘gender equity’ as objects of the Act. We also supported, in principle, measures to prohibit pay secrecy provisions in employment contracts, but suggested consideration be given to implementing a transitional period to allow existing contracts to be updated.
We also supported limiting the use of fixed term employment contracts in certain circumstances, but suggested consideration be given to increasing the relevant maximum period specified in the Bill, and including an additional exception where fixed term contracts are necessary to comply with certain work visas.
We reiterated our previous position that section 596 of the Act should be repealed or amended so that those who come before the Commission have an automatic right to legal representation.
Draft Building Compliance and Enforcement Bill 2022
Draft Building and Construction Legislation Amendment Bill and Regulation 2022
The Property Law and Business Law Committees contributed to a submission to the Department of Customer Service in relation to the draft legislation, which forms part of the package of building reforms aimed at responding to repeated failures in the design, construction and certification of buildings that has led to substandard building work.
Broadly, we supported the majority of proposals for increased compliance and enforcement measures reflected in the Building Compliance and Enforcement Bill 2022. However, we suggested a narrower approach to the defects that trigger a building work rectification order. We sought further details in relation to the publication of a demerit points register for licence holders on the Department’s website.
In relation to the Building and Construction Legislation Amendment Bill and Regulation 2022, we supported the majority of proposals in relation to improved building product safety, enhancements to the strata building bond scheme, improved professional standards and changes to the Building and Construction Industry Security of Payment Act 1999. However, we did not support the proposal to place a duty on a registered practitioner to take reasonable steps to ensure that persons they deal with are not involved in intentional phoenix activity. We also suggested it was more appropriate to focus on ‘unlawful’ rather than ‘intentional’ phoenix activity and suggested a definition that reflected the concept of the disposal of a company’s assets at under value, the traditional focus of unlawful phoenixing regulation under insolvency laws.
Draft Building Bill 2022
The Property Law and Environmental Planning and Development Committees contributed to a submission to the Department of Customer Service in relation to the draft Building Bill 2022. The Bill forms part of the Government’s building reforms package and is intended to replace the Home Building Act 1989 but applies to both residential and non-residential building work.
Broadly, we supported many of the proposals in the Bill, but we raised concerns about expanding some aspects of the regulatory framework to non-residential building work. In relation to other aspects of the Bill we submitted that:
- the owner builder permit scheme should be abolished as it is open to abuse;
- the current $5,000 threshold for value of building work that must be completed by a licensed tradesperson be abolished;
- the Bill should include equivalent provisions to sections 95 and 96B of the Home Building Act 1989 – the additional disclosure obligations in relation to certain contracts for the sale of land; and
- NCAT should be able to make an early determination as to whether or not a defect is a ‘serious defect’. Enabling parties to seek an early determination of this critical aspect of the claim would be of significant benefit in streamlining the preparation of the claim, thereby reducing time and costs for all parties involved.
