Footnotes

CHAPTER 1 - Background to the inquiry

[1]        Journals of the Senate, 9 November 2015, pp 3308-3309.

[2]        Journals of the Senate, 30 November 2015, p. 3518.

[3]        Productivity Commission, Workplace Relations Framework: Report No. 76, 30 November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-volume1.pdf (accessed 17 February 2016), p. 520.

[4]        Housing Industry Association, Submission 6, p. 10.

[5]        Fair Work Ombudsman, https://www.fairwork.gov.au/leave/long-service-leave (accessed 6 January 2016).

CHAPTER 2 - Nationalising long service leave

[1]        Australian Chamber of Commerce and Industry, Submission 20, p. 7.

[2]        Australian Industry Group, Submission 7, p. 5.

[3]        Australian Chamber of Commerce and Industry, Submission 20, p. 8.

[4]        Australian Chamber of Commerce and Industry, Submission 20, p. 8.

[5]        See list of industry or occupation based portable schemes in Department of Employment, Submission 33, p. 14.

[6]        Australian Chamber of Commerce and Industry, Submission 20, p. 10.

[7]        McKell Institute, The Case for a National Portable Long Service Scheme in Australia, June 2013, http://mckellinstitute.org.au/wp-content/uploads/2013/06/McKell_Portable_LongService.pdf (accessed 16 December 2015).

[8]        McKell Institute, The Case for a National Portable Long Service Scheme in Australia, June 2013, http://mckellinstitute.org.au/wp-content/uploads/2013/06/McKell_Portable_LongService.pdf (accessed 16 December 2015),    p. 10.

[9]        McKell Institute, The Case for a National Portable Long Service Scheme in Australia, June 2013, http://mckellinstitute.org.au/wp-content/uploads/2013/06/McKell_Portable_LongService.pdf (accessed 16 December 2015),    p. 10.

[10]      McKell Institute, The Case for a National Portable Long Service Scheme in Australia, June 2013, http://mckellinstitute.org.au/wp-content/uploads/2013/06/McKell_Portable_LongService.pdf (accessed 16 December 2015),    p. 10.

[11]      Australian Nursing and Midwifery Federation, Submission 14, pp 3-4.

[12]      Motor Trade Association of South Australia, Submission 24, p. 8.

[13]      The NES consist of ten minimum standards of employment. The NES apply to all employees covered by the national workplace relations system, regardless of the applicable industrial instrument or contract of employment. Terms in awards, agreements and employment contracts cannot exclude or provide for an entitlement less than the NES, and those that do have no effect.  Fair Work Commission, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/introduction-to-the-national-employment-standards (accessed 16 December 2015).

[14]      Fair Work Commission, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/introduction-to-the-national-employment-standards  (accessed 16 December 2015).

[15]      Fair Work Commission, https://www.fairwork.gov.au/leave/long-service-leave (accessed 15 February 2016).

[16]      Productivity Commission, Workplace Relations Framework: Report No. 76, 30 November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-volume1.pdf (accessed 17 February 2016), pp 520-521.

[17]      Productivity Commission, Workplace Relations Framework: Report No. 76, 30 November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-volume1.pdf (accessed 17 February 2016), p. 521.

[18]      New Zealand at Work, http://www.dol.govt.nz/workplace/knowledgebase/item/1314 (accessed 22 January 2016).

[19]      Master Builders Australia, Submission 10, p. 4.

[20]      Motor Trade Association of South Australia, Submission 24, p. 9.

[21]      Australian Industry Group, Submission 7, p. 9.

[22]      Australian Council of Trade Unions, Submission 19, p. 16.

[23]      Jobwatch Employment Rights Legal Centre, Submission 15, pp 4-5.

[24]      South Australian Wine Industry Association, Submission 22, p. 2.

[25]      Productivity Commission, Workplace Relations Framework: Report No. 76, 30 November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-volume1.pdf (accessed 17 February 2016).

[26]      Productivity Commission, Workplace Relations Framework: Report No. 76, 30 November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-volume1.pdf (accessed 17 February 2016), p. 522.

[27]      Australian Mining and Minerals Association, Submission 11, p.  9.

[28]      Australian Mining and Minerals Association, Submission 11, p. 10.

[29]      Australian Mining and Minerals Association, Submission 11, p. 21.

[30]      Australian Nursing and Midwifery Federation, Submission 14, p. 5.

[31]      National Farmers' Federation, Submission 31, p. 9.

[32]      Recruitment and Consulting Services Association, Submission 13, p. 2.

[33]      NSW Farmers Federation, Submission 25, p. 6.

[34]      Health Workers Union, Submission 29, p. 37.

[35]      Department of Employment, Submission 33, p. 4.

[36]      Department of Employment, Submission 33, p. 5.

[37]      Department of Employment, Submission 33, p. 5.

[38]      Media Entertainment and Arts Alliance, Submission 9, p. 4.

[39]      Master Builders Australia, Submission 10, p. 9.

[40]      Health Workers Union, Submission 29, p. 42.

[41]      Health Services Union, Submission 34, p. 6.

[42]      Productivity Commission, Workplace Relations Framework: Report No. 76, 30 November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-volume1.pdf (accessed 17 February 2016), p. 526.

[43]      Australian Council of Trade Unions, Submission 19, p. 20.

[44]      Mr James Fleming, Legal and Industrial Officer, Australian Council of Trade Unions, Committee Hansard, 5 February 2016, p. 2.

[45]      United Voice Australia, Submission 28, p. 3.

[46]      Australian Nursing and Midwifery Federation, Submission 14, p. 6.

[47]      Media, Entertainment and Arts Alliance, Submission 9, p. 4.

[48]      Australian Manufacturing Workers' Union, Submission 16, p. 11.  

[49]      Health Services Union, Submission 34, p. 6.

[50]      Productivity Commission, Workplace Relations Framework: Report No. 76, 30 November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-volume1.pdf (accessed 17 February 2016), p. 528.

[51]      Queensland Nurses Union, Submission 3, p. 6.

[52]      Australian Nursing and Midwifery Federation, Submission 14, pp 6-7.

[53]      Queensland Advocacy Incorporated, Submission 5, p. 2.   

[54]      Queensland Advocacy Incorporated, Submission 5, pp 3-4.

[55]      Australian Hotels Association, Submission 18, pp 1-2.

[56]      Motor Trade Association of South Australia, Submission 24, p. 4.

[57]      Motor Trade Association of South Australia, Submission 24, p. 5.

[58]      Australian Chamber of Commerce and Industry, Submission 20, p. 4.

[59]      Australian Chamber of Commerce and Industry, Submission 20, p. 4.

[60]      Housing Industry Association, Submission 6, p. 9.

[61]      Victorian Automobile Chamber of Commerce, Submission 23, p. 4.

[62]      Australian Road Transport Industrial Organisation, Submission 4, p. 11.

[63]      Australian Federation of Employers and Industries, Submission 12, pp 3-4.

[64]      Australian Council of Trade Unions, Submission 19, p. 28.

[65]      Australian Industry Group, Submission 7, p. 8.

[66]      National Farmers Federation, Submission 31, p. 9.

Chapter 3 - Portability of long service leave

[1]        For example, some types of leave may be portable across the public sector.

[2]        For example, the building and construction industry. 

[3]        Mr James Fleming, Legal and Industrial Officer, Australian Council of Trade Unions, Committee Hansard, 5 February 2016, p. 1.

[4]        Australian Council of Trade Unions, Submission 19, p. 19.

[5]        Australian Council of Trade Unions, Submission 19, p. 7.

[6]        Australian Council of Trade Unions, Submission 19, p. 7.

[7]        Australian Council of Trade Unions, Submission 19, pp 3-4.

[8]        Australian Services Union, Submission 27, p. 5.

[9]        Queensland Nurses Union, Submission 3, p. 6.

[10]      Health Services Union, Submission 34, p. 4.

[11]      United Services Union, Submission 26, p. 4.

[12]      Australian Service Union, Submission 27, p. 5.

[13]      Australian Nursing and Midwifery Federation, Submission 14, p. 4.

[14]      Australian Nursing and Midwifery Federation, Submission 14, p. 5.

[15]      Queensland Nurses Union, Submission 3, p. 5.

[16]      Jobwatch, Submission 15, p. 7.

[17]      Australian Council of Trade Unions, Submission 19, p. 3.

[18]      Australian Council of Trade Unions, Submission 19, p. 3.

[19]      Australian Manufacturing Workers' Union, Submission 16, p. 3.

[20]      Australian Chamber of Commerce and Industry, Submission 20, pp 4-5.

[21]      Dr Alison Morehead, Group Manager, Workplace Relations Policy Group, Department of Employment, Committee Hansard, 5 February 2016, p. 17.

[22]      Dr Alison Morehead, Group Manager, Workplace Relations Policy Group, Department of Employment, Committee Hansard, 5 February 2016, p. 17.

[23]      Australian Council of Trade Unions, Submission 19, p. 7.

[24]      Australian Council of Trade Unions, Submission 19, p. 8.

[25]      Ms Erin Keogh, Industrial Officer, United Voice Victoria, Committee Hansard, 5 February 2016, p. 2.

[26]      Australian Services Union, Submission 27, p. 4.

[27]      Australian Council of Trade Unions, Submission 19, p. 4.

[28]      Australian Council of Trade Unions, Submission 19, p.  4.

[29]      Australian Council of Trade Unions, Submission 19, p. 5.

[30]      Australian Council of Trade Unions, Submission 19, p. 8.

[31]      Queensland Advocacy Incorporated, Submission 5, p. 7.

[32]      United Services Union, Submission 26, p. 2.

[33]      Department of Employment, Submission 33, p. 8.

[34]      Dr Alison Morehead, Group Manager, Workplace Relations Policy Group, Department of Employment, Committee Hansard, 5 February 2016, p. 18.

[35]      Mr Trevor Clarke, Director, Industrial and Legal, Australian Council of Trade Unions, Committee Hansard, 5 February 2016, p. 5.

[36]      Department of Employment, Submission 33.p. 11.

[37]      Productivity Commission, Workplace Relations Framework: Report No. 76, 30 November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-volume1.pdf (accessed 17 February 2016), p. 116.

[38]      Mr Richard Calver, Director, Workplace Relations, Australian Chamber of Commerce and Industry, Committee Hansard, 5 February 2016, p. 14.

[39]      Queensland Nurses Union, Submission 3, pp 7-10.

[40]      Queensland Nurses Union, Submission 3, p. 10.

[41]      Australian Nurses and Midwifery Federation, Submission 14, p. 4.

[42]      Australian Nurses and Midwifery Federation, Submission 14, pp 4-5.

[43]      Australian Nurses and Midwifery Federation, Submission 14, p. 7.

[44]      Australian Nurses and Midwifery Federation, Submission 14, p. 7.

[45]      Health Services Union, Submission 34, p. 5.

[46]      Health Services Union, Submission 34, p. 5.

[47]      Aged Care Guild, Submission 17, p. 1.

[48]      Aged Care Guild, Submission 17, p. 2.

[49]      Aged Care Guild, Submission 17, p. 1.

[50]      Aged Care Guild, Submission 17, p. 2.

[51]      Aged Care Guild, Submission 17, p. 3.

[52]      VACC is the peak body for the repair, service and retail sector of the automotive industry in Victoria and Tasmania, Submission 23.

[53]      Victorian Automobile Chamber of Commerce, Submission 23, p. 2.

[54]      Victorian Automobile Chamber of Commerce, Submission 23, p. 11.

[55]      Victorian Automobile Chamber of Commerce, Submission 23, p. 12.

[56]      Victorian Automobile Chamber of Commerce, Submission 23, p. 12.

[57]      Housing Industry Association, Submission 6, p. 10.

[58]      Housing Industry Association, Submission 6, p. 10.

[59]      Housing Industry Association, Submission 6, p. 12.

[60]      Master Builders Australia, Submission 10, p. 8.

[61]      Housing Industry Association, Submission 6, p. 12.

[62]      Housing Industry Association, Submission 6, p. 14.

[63]      Australian Hotels Association, Submission 18, p. 2.

[64]      Accommodation Association of Australia, Submission 21, p. 2.

[65]      Accommodation Association of Australia, Submission 21, p. 3.

[66]      Accommodation Association of Australia, Submission 21, pp 3-4.

[67]      Accommodation Association of Australia, Submission 21, p. 5.

[68]      Accommodation Association of Australia, Submission 21, p. 1.

[69]      The Coal Mining Industry Long Service Leave Fund is established by the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Coal LSL Act) as a means of funding long service leave to those employed in the black coal mining industry in NSW, Queensland, WA and Tasmania. The Coal Mining Industry (Long Service Leave Funding) Corporation administers the Fund. The board is made up of employer and employee representatives. Administration costs for the scheme were $5 million in 2013-14; Department of Employment Submission 33, p. 15.

[70]      Department of Employment, Submission 33, p. 15.

[71]      Department of Employment, Submission 33, p. 15.

[72]      Department of Employment, Submission 33, p. 15.

[73]      Department of Employment, Submission 33, p. 16.

[74]      Department of Employment, Submission 33, p. 16.

[75]      McKell Institute, The Case for a National Portable Long Service Scheme in Australia, June 2013, http://mckellinstitute.org.au/wp-content/uploads/2013/06/McKell_Portable_LongService.pdf (accessed 16 December 2015),    p. 12.

[76]      Australian Mining and Minerals Association, Submission 11, p. 23.

[77]      Australian Mining and Minerals Association, Submission 11, p. 23.

[78]      Australian Mining and Minerals Association, Submission 11, p. 24.

[79]      Australian Mining and Minerals Association, Submission 11, p.  24.

[80]      Australian Industry Group, Submission 7, p. 20.

[81]      Australian Industry Group, Submission 7, p. 4.

[82]      Mr Stephen Smith, Head of National Workplace Relations Policy, Australian Industry Group, Committee Hansard, 5 February 2016, p. 13.

[83]      Australian Road Transport Industrial Organisation, Submission 4, p. 10.

[84]      Victorian Automobile Chamber of Commerce, Submission 23, p. 12.

[85]      Victorian Automobile Chamber of Commerce, Submission 23, p. 12.

[86]      Victorian Automobile Chamber of Commerce, Submission 23, p. 12.

[87]      Australian Chamber of Commerce and Industry, Submission 20, p. 14.

[88]      Australian Federation of Employers and Industries, Submission 12, p. 4.

[89]      Accommodation Association of Australia, Submission 21, p. 5.

[90]      Ms Alana Leigh Matheson, Deputy Director, Workplace Relations, Australian Chamber of Commerce and Industry, Committee Hansard, 5 February 2016, p. 10.

[91]      Australian Federation of Employers and Industries, Submission 10, p. 1.  

[92]      Australian Mining and Minerals Association, Submission 11, p. 5.

[93]      McKell Institute, The Case for a National Portable Long Service Scheme in Australia, June 2013, http://mckellinstitute.org.au/wp-content/uploads/2013/06/McKell_Portable_LongService.pdf (accessed 16 December 2015),    p. 20.

[94]      Australian Council of Trade Unions ACTU, Submission 19, p. 24.

[95]      Australian Council of Trade Unions ACTU, Submission 19, pp. 24-25.

[96]      Australian Council of Trade Unions ACTU, Submission 19, pp.25-26.

Dissenting Report of Coalition Senators

[1]        Department of Employment, Submission 33, p.8.

[2]        Productivity Commission, Workplace Relations Framework: Report No. 76, 30 November 2015, http://www.pc.gov.au/inquiries/completed/workplace-relations/report/workplace-relations-volume1.pdf (accessed 25 February 2016), p. 109.

Australian Greens Additional Comments

[1]        Australian Manufacturing Workers Union, Submission 16, p. 2.

[2]        Australian Council of Trade Unions, Submission 19