Chapter 1

[1]        Votes and Proceedings, No. 37, 1 March 2017, p. 587.

[2]        Journals of the Senate, No. 34, 23 March 2017, p. 1147.

[3]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Statement of Compatibility with Human Rights, Explanatory Memorandum, p. 1.

[4]        For more detail on these matters see Senate Standing Committee for the Scrutiny of Bills, Alert Digest 3/17, 22 March 2017, pp. 19–22.

[5]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Financial Impact Statement, Explanatory Memorandum, p. i.

Chapter 2 - Background

[1]        Note: The new responsibilities will only apply where franchisors and holding companies have a significant degree of influence or control over their business networks.

[2]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. i.

[3]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. i.

[4]        Fair Work Ombudsman, A Report on the Fair Work Ombudsman's Inquiry into the labour procurement arrangements of the Baiada Group in New South Wales, June 2015, https://www.fairwork.gov.au/about-us/access-accountability-and-reporting/inquiry-reports#baiada (accessed April 2017).

[5]        Productivity Commission, Workplace Relations Framework: Final Report, No. 76, November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report (accessed April 2017).

[6]        Senate Education and Employment References Committee, A National Disgrace: The Exploitation of Temporary Work Visa Holders, March 2016, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_and_Employment/temporary_work_visa/Report (accessed April 2017).

[7]        Fair Work Ombudsman, A Report of the Fair Work Ombudsman's Inquiry into 7-Eleven, April 2016, https://www.fairwork.gov.au/about-us/access-accountability-and-reporting/inquiry-reports#7-11 (accessed April 2017).

[8]        See Senate Education and Employment References Committee, A National Disgrace: The Exploitation of Temporary Work Visa Holders, March 2016.

[9]        Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, p. 5.

[10]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. i.

[11]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. i.

[12]      Department of Employment, Submission 1, p. 3.

[13]      Fair Work Ombudsman, Submission 4, p. 3.

[14]      Department of Employment, Submission 1, p. 4.

Chapter 3 - Liability of franchisors and holding companies

[1]        Fair Work Ombudsman, Submission 4, p. 10.

[2]        Department of Employment, Submission 1, p. 6.

[3]        Fair Work Act 2009, s. 550.

[4]        Department of Employment, Submission 1, p. 6.

[5]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 6.

[6]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 6.

[7]        Proposed subsection 558A(2), Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017.

[8]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 6.

[9]        Proposed section 558B, Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017. See also Department of Employment, Submission 1, p. 7.

[10]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 6.

[11]      Department of Employment, Submission 1, p. 7.

[12]      Department of Employment, Submission 1, p. 7.

[13]      Professor Andrew Stewart, private capacity, Proof Committee Hansard, 12 April 2017, p. 17.

[14]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 6. See also Department of Employment, Submission 1, p. 7.

[15]      Fair Work Ombudsman, Submission 4, p. 14.

[16]      Fair Work Ombudsman, Submission 4, p. 15.

[17]      See Fair Work Ombudsman v Yogurberry World Square Pty Ltd [2016] FC 1290.

[18]      See Franchise Council of Australia, Submission 9, pp. 19–21; Australian Industry Group, Submission 5, p. 4; Mr Bruce Billson, Executive Chair, Franchise Council of Australia, Proof Committee Hansard, 12 April 2017, p. 36; Ms Dominique Lamb, Chief Executive Officer, National Retail Association, Proof Committee Hansard, 12 April 2017, p. 48.

[19]      See Fair Work Ombudsman, Submission 4; Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26; Mr Trevor Clarke, Director, Legal and Industrial, Australian Council of Trade Unions, Proof Committee Hansard, 12 April 2017, p. 19; Professor Andrew Stewart, private capacity, Proof Committee Hansard, 12 April 2017, pp. 18–19; Ms Natalie James, Fair Work Ombudsman, Proof Committee Hansard, 12 April 2017, pp. 73–74.

[20]      Fair Work Ombudsman, Submission 4, p. 11.

[21]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, pp. 7–8.

[22]      Mr Trevor Clarke, Director, Legal and Industrial, Australian Council of Trade Unions, Proof Committee Hansard, 12 April 2017, p. 19.

[23]      Franchise Council of Australia, Submission 9, p. 6.

[24]      Franchise Council of Australia, Submission 9, p. 6.

[25]      Australian Industry Group, Submission 5, pp. 1–2.

[26]      Australasian Convenience and Petroleum Marketers Association, Submission 16, p. 4.

[27]      Australia Post, Submission 34, p. 4.

[28]      Australian Industry Group, Submission 5, p. 2.

[29]      National Retail Association, Submission 7, p. 6.

[30]      Australian Chamber of Commerce and Industry, Submission 5, p. 14.

[31]      7-Eleven, Submission 28, p. 3.

[32]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, pp. 7–8.

[33]      Proposed section 558A, Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017.

[34]      Franchise Council of Australia, Submission 9, pp. 22–23.

[35]      Franchise Council of Australia, Submission 9, p. 22.

[36]      See BlueRock Partners, Submission 21, pp. 2–3; Australian Fleet Lessor Association, Submission 23, p. 3; Australia Post, Submission 34, pp. 3, 5; Housing Industry Association, Submission 10, pp. 5–6; Queensland Law Society, Submission 30, p. 3; Federated Chamber of Automotive Industries, Submission 13, p. 2

[37]      WEstjustice, answers to questions on notice, 12 April 2017, p. 3 (received 26 April 2017).

[38]      Franchise Council of Australia, Submission 9, p. 24. Emphasis in original.

[39]      Franchise Council of Australia, Submission 9, p. 24.

[40]      BlueRock Partners, Submission 21, p. 3.

[41]      BlueRock Partners, Submission 21, pp. 3–4.

[42]      BlueRock Partners, Submission 21, p. 4.

[43]      Queensland Law Society, Submission 30, p. 4.

[44]      Proposed section 558B, Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017.

[45]      Maurice Blackburn Lawyers, Submission 24, pp. 3–4.

[46]      Maurice Blackburn Lawyers, Submission 24, p. 4.

[47]      Maurice Blackburn Lawyers, Submission 24, p. 4.

[48]      Maurice Blackburn Lawyers, Submission 24, p. 4.

[49]      Maurice Blackburn Lawyers, Submission 24, p. 4.

[50]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, pp. 4–5

[51]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, pp. 4–5.

[52]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, p. 9.

[53]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, p. 11.

[54]      WEstjustice, Submission 2, p. 19.

[55]      WEstjustice, Submission 2, p. 13.

[56]      WEstjustice, Submission 2, p. 19.

[57]      JobWatch, Submission 27, p. 6.

Chapter 4 - Powers of the Fair Work Ombudsman

[1]        Department of Employment, Submission 1, p. 8.

[2]        Fair Work Ombudsman, Submission 4, p. 16.

[3]        Fair Work Ombudsman, Submission 4, p. 16.

[4]        Fair Work Ombudsman, Submission 4, p. 17.

[5]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 14.

[6]        Department of Employment, Submission 1, p. 8.

[7]        Fair Work Ombudsman, Submission 4, p. 22.

[8]        Department of Employment, Submission 1, p. 9.

[9]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 14.

[10]      Department of Employment, Submission 1, p. 9.

[11]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, pp. 14–15.

[12]      Fair Work Ombudsman, Submission 4, p. 22

[13]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. ii.

[14]      Professor Andrew Stewart, Submission 3, p. 2. See also Professor Andrew Stewart, private capacity, Proof Committee Hansard, 12 April 2017, p. 12.

[15]      7-Eleven, Submission 28, p. 4.

[16]      Uniting Church in Australia, Synod of Victoria and Tasmania, Submission 15, p. 3.

[17]      Anti-Slavery Australia, Submission 29, p. 6.

[18]      The Hon Bruce Billson, Executive Chair, Franchise Council of Australia, Proof Committee Hansard, 12 April 2017, p. 36.

[19]      National Retail Association, Submission 7, p. 3.

[20]      JobWatch, Submission 27, p. 8.

[21]      Queensland Law Society, Submission 30, p. 6.

[22]      Australian Council of Trade Unions, Submission 8, p. 11.

[23]      Australian Council of Trade Unions, Submission 8, p. 11.

[24]      Mr Stephen Smith, Head of National Workplace Relations Policy, Australian Industry Group, Proof Committee Hansard, 13 April 2017, p. 13. See also Australian Industry Group, Submission 6, pp. 5–6.

[25]      Australian Chamber of Commerce and Industry, Submission 5, pp. 20–22.

[26]      Australian Chamber of Commerce and Industry, Submission 5, p. 22.

[27]      Australian Industry Group, Submission 6, p. 3.

[28]      Housing Industry Association, Submission 10, p. 8.

[29]      Housing Industry Association, Submission 10, p. 8.

[30]      Department of Employment, answers to questions on notice, 12 April 2017 (received 1 May 2017).

[31]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 14; and the Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 1 March 2017, p. 1874.

[32]      Ms Natalie James, Fair Work Ombudsman, Proof Committee Hansard, 12 April 2017, pp. 63–64.

[33]      Mr Michael Campbell, Deputy Fair Work Ombudsman, Proof Committee Hansard, 12 April 2017, p. 65.

[34]      Mr Michael Campbell, Deputy Fair Work Ombudsman, Proof Committee Hansard, 12 April 2017, pp. 64–65.

[35]      Commonwealth Ombudsman, Fair Work Ombudsman: exercise of coercive information‑gathering powers, June 2010, p. 1.

[36]      Ms Natalie James, Fair Work Ombudsman, Proof Committee Hansard, 12 April 2017, pp. 63–64.

[37]      Ms Natalie James, Fair Work Ombudsman, 'Getting ahead of the curve on franchise regulation' - Opening remarks - Keynote Panel Session, National Franchise Convention 2016, 10 October 2016, p. 3, www.fairwork.gov.au/about-us/news-and-media-releases/speeches (accessed 5 May 2017).

[38]      Franchise Council of Australia, Submission 9, p. 24.

[39]      Franchise Council of Australia, Submission 9, p. 6.

[40]      Department of Employment, Submission 1, p. 7.

Chapter 5 - Others measures contained in the bill

[1]        See Part 1 of Schedule 1, Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017.

[2]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 2.

[3]        Department of Employment, Submission 1, p. 5. Note: The Department of Employment also noted that if the Crimes Amendment (Penalty Unit) Bill 2017 passes both houses of Parliament, Commonwealth penalty units will increase from $180 to $210 on 1 July 2017.

[4]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 4. See also proposed subsection 557A(1).

[5]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 2.

[6]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 4.

[7]        Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, proposed subsection 557B(1).

[8]        Department of Employment, Submission 1, p. 5. Note: the Department of Employment also noted that the factors listed are intended to be indicative only, and a 'serious contravention' may still be established if one or more of the factors are not present.

[9]        Senate Education and Employment References Committee, A National Disgrace: The Exploitation of Temporary Work Visa Holders, March 2016, p. 324.

[10]      Fair Work Ombudsman, Submission 4, p. 31

[11]      Fair Work Ombudsman, Submission 4, p. 27.

[12]      Uniting Church in Australia, Synod of Victoria and Tasmania, Submission 15, p. 1; Australian Council of Trade Unions, Submission 8, p. 7; 7-Eleven, Submission 28, p. 3; Salvation Army, Submission 25, p. 4; Independent Contractors Australia, Submission 32, p. 1; WEstjustice, Submission 2, p. 11.

[13]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, p. 4.

[14]      Professor Andrew Stewart, Submission 3, pp. 2–3.

[15]      Professor Andrew Stewart, Submission 3, p. 3. Emphasis in original.

[16]      Professor Andrew Stewart, Submission 3, p. 3.

[17]      Australian Chamber of Commerce and Industry, Submission 5, p. 6. 

[18]      Law Council of Australia, Submission 36, p. 10.

[19]      Professor Andrew Stewart, Submission 3, pp. 3-4.

[20]      Professor Andrew Stewart, Submission 3, p. 4.

[21]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, p. 3. Emphasis in original.

[22]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, p. 4.

[23]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, pp. 3–4.

[24]      See Item 12 of Part 1 of Schedule 1, Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017.

[25]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 3. See also Department of Employment, Submission 1, p. 6.

[26]      Department of Employment, Submission 1, p. 6.

[27]      Department of Employment, Submission 1, p. 6.

[28]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 3.

[29]      Australian Chamber of Commerce and Industry, Submission 5, p. 10.

[30]      Housing Industry Association, Submission 10, p. 5.

[31]      South Australian Wine Industry Association, Submission 18, p. 6.

[32]      National Farmers' Federation, Submission 14, pp. 12–13.

[33]      Australian Industry Group, Submission 6, p. 5.

[34]      See Australian Council of Trade Unions, Submission 8, p. 8; Australian Manufacturing Workers' Union, Submission 17, p. 1; 7-Eleven, Submission 28, p. 3; Anti-Slavery Australia, Submission 29, p. 6.

[35]      See Part 3 of Schedule 1, Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017.

[36]      Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, Explanatory Memorandum, p. 12.

[37]      Fair Work Ombudsman, Submission 4, p. 38.

[38]      Department of Employment, Submission 1, p. 8.

[39]      JobWatch, Submission 27, pp. 7-8.

[40]      Fair Work Ombudsman, Submission 4, p. 38.

[41]      Fair Work Ombudsman, Submission 4, pp. 38–39.

[42]      Fair Work Ombudsman, Submission 4, p. 39.

[43]      See Australian Industry Group, Submission 6, p. 5; South Australian Wine Industry Association, Submission 18, p. 6; the Australian Council of Trade Unions, Submission 8, p. 10; 7-Eleven, Submission 28, p. 4; Salvation Army, Submission 25, p. 2; JobWatch, Submission 27, p. 7; Independent Contactors Australia, Submission 32, p.1.

[44]      WEstjustice, Submission 2, p. 12. For proposed text, see p. 25 of the submission.

[45]      Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, pp. 15–17.

Labor Senators' Additional Comments

[1]        WEstjustice, Submission 2, p. 20.

[2]        Australian Council of Trade Unions, Submission 8, pp. 8–9.

[3]        Australian Chamber of Commerce and Industry, Submission 5, p. 14.

[4]        Franchise Council of Australia, Submission 9, p. 16.

[5]        Franchise Council of Australia, Submission 9, p. 16.

[6]        Asia-Pacific Centre for Franchising Excellence, Submission 11, p. 2.

[7]        See WEstjustice, Submission 2, pp. 13, 19; Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, p. 11; Australian Council of Trade Unions, Submission 8, pp. 4–5; JobWatch, Submission 27, p. 6.

[8]        See WEstjustice, Submission 2, pp. 12. 25; Dr Tess Hardy and Dr Joo-Cheong Tham, Submission 26, pp. 15–17; Australian Council of Trade Unions, Submission 8, p. 5.

[9]        See Professor Andrew Stewart, Submission 3, p. 3; Australian Chamber of Commerce and Industry, Submission 5, p. 6; Law Council of Australia, Submission 36, p. 10.

[10]      Professor Andrew Stewart, Submission 3, p. 4.

[11]      Australian Chamber of Commerce and Industry, Submission 5, p. 8. 

[12]      WEstjustice, Submission 2, p. 12.

Australian Greens' Additional Comments

[1]        Australian Council of Trade Unions, Submission 8, p. 4

[2]        WEstjustice, Submission 2, p. 14