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War Against Tradies

June 29, 2023 by Self-Employed Australia

war-against-tradiesLast week we discussed the common sense displayed by the Victorian government in its approach to the gig (‘employee-like’) worker issue. Yes—record in you diaries that we’ve actually praised the Victorian government on this issue!

But Victoria’s common sense seems not to be having any impact on the nonsense from the Federal (Albanese) government on the issue. We’ve been explaining in our ‘Be Your Own Boss’ campaign that the Albanese government’s ‘employee-like’ agenda, if enacted in law as it promises, will strip away the right of each of us to be our own boss (self-employed).

Be Your Own Boss

Our current campaigning is focused on trying to block in the Australian Senate the ‘employee-like’ legislation that the Albanese government says it will create this year. We’re having positive, initial discussions with Senators. But a lot of work will need to be done once the draft legislation appears.

Understanding the importance of this issue is remote for anyone not intimately familiar with the legal difference between the commercial and the employment contract. That’s no surprise. So, we need to keep explaining.

I’ve posted a piece on Substack where I describe the predictable impact of the promised ‘employee-like’ laws on Australia’s self-employed tradies. You know, the people who actually do things, like plumbing, electrical work, and so on. Yep, the people who actually make sure that all that stuff actually works!

The promised ‘employee-like’ laws will set up a framework that will force every independent tradie into the clutches of the industrial relations system by imposing a de facto, compulsory unionism on housing tradies through the back door.

Currently, tradies are their own bosses because they work under commercial contracts not employment contracts. The legal trick the government has promised is to create legislation that requires commercial contracts to be controlled by the Fair Work Commission (FWC). Effectively this trashes the notion and structure of a commercial contract, and by legislation turns commercial contracts into pseudo-employment contracts.

Once this is done, construction unions will proceed to impose collective enterprise agreements across the housing sector, just as they do with the commercial construction sector. Read the full explanation here.

ATO

You’ll be well aware of our long-running campaign to have the ATO treat self-employed, small business taxpayers with fairness. The ATO has just released an update to its Taxpayers’ Charter following a review. We had input into the review.

The Charter is supposed to lay out the ATO’s commitment to you in terms of how it will deal with you as a taxpayer and your rights. We’re having a good look at the revised Charter and will put together an analysis soon.

Filed Under: 'Employee-like', 'Insecure Work', Defending the gig economy, Defending the self-employed, Defining Self-employment, Independent contracting, The Gig Economy, Worker classification

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