The Bill was introduced on 3 November. I have previously discussed Schedule 6 notices (National Security Notices) here and here.

The Senate Legal and Constitutional Committee has now released details of its inquiry into the Bill. Public hearings will start on 14 November. It must report by 28 November 2005.

The Committee has released copies of the numerous submissions received by it.

From a business and financial services viewpoint the submissions by the Australian Bankers’ Association (ABA)  and the University of NSW Centre of Public Law are the most relevant.

The ABA’s submission focussed on lack of industry consultation on the detail of the provisions relating to counter-terrorist financing, difficulties in the application of certain provisions, the key issue being changes in payment processing and possible inconsistencies in content and implementation timing with the forthcoming anti-money laundering requirements.

The UNSW submission includes the following comments:

"This proposed offence [of financing terrorism] extends criminal liability too far, and makes it impossible for any person to know the scope of their legal liabilities with any certainty. Terrorists obtain financing from a range of sources, including legitimate institutions (such as money laundering through banks), and employ a variety of deceptive means to secure funding. This offence would require every Australian to vigilantly consider where their money might end up before donating to a charity, investing in stocks, depositing money with a bank, or even giving money as birthday present."

The Workplace Relations Amendment (Work Choices) Bill 2005 (pdf) was introduced into the House of Representatives on 2 November.

The nearly 700 page Bill will rewrite Australia’s industrial relations laws.

A new Fair Pay Commission will be established to set minimum wages.

Unfair dismissal

The
government proposes to exempt businesses employing up to 100 employees
from the unfair dismissal laws.

For businesses with over 100 employees, employees must have been employed for six months before they
can pursue an unfair dismissal remedy. This is an extension of the
current 3-month qualifying period.

Protection against unlawful
termination (termination on the basis of a discriminatory reason) will
be retained. Eligible employees will be able to
access up to $4,000 worth of legal advice if they claim to have been
unlawfully dismissed.

Scope 

As the states will not give up their constitutional powers on workplace
relations to the Commonwealth, the government intends to move towards a
national workplace relations system relying on the corporations power
under section 51(xx) of the Commonwealth Constitution. Accordingly the law will only apply to employers which are companies.

Laws which will remain regulated by
the states include those such as occupational health and safety,
workers’ compensation, trading hours, public holidays and long service
leave. The government says that those employers and employees not
covered by WorkChoices such as in unincorporated businesses in the
state systems and some state government employees (where they are not
already in the national system) stay where they are until the state
governments decide otherwise.

Transitional period

  A
3-year transitional period is proposed to apply for constitutional
corporations transferring from state systems, during which time their
existing awards and agreements will transfer to the federal system as
transitional federal agreements. A 5-year transitional period will
apply to non-constitutional corporations currently under the federal
system, and their existing awards and agreements will continue to apply.

More from the dedicated WorkChoices website

Queensland is investigating mounting a High Court challenge