Footnotes
CHAPTER 1 - Introduction
[1] Journals of the Senate, p. 2864.
[2] Senate Standing Legislation Committee on Education, Employment and Workplace Relations, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_Employment_and_Workplace_Relations/Completed%20inquiries/2010-13/penaltyrates/index, accessed 29 August 2012.
[3] Explanatory Memorandum, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, p. 2.
[4] Explanatory Memorandum, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, pp 2–3
[5] Explanatory Memorandum, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, p. 2.
[6] Explanatory Memorandum, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, p. 2.
[7] Explanatory Memorandum, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, p. 2.
[8] Explanatory Memorandum, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, p. 3.
[9] Explanatory Memorandum, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, p. 3.
[10] Explanatory Memorandum, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, p. 3.
[11] Explanatory Memorandum, Fair Work Amendment (Small Business—Penalty Rates Exemption) Bill 2012, p. 4.
CHAPTER 2 - Issues
[1] See, for example, Restaurant and Catering, submission 452, p. 3; Australian Retailers Association, submission 75, p. 3; Small Business Development Corporation (WA Government), submission 115, p. 2; Australian Federation of Employers and Industries, submission 116, pp 6–7. The committee also received submissions from several hundred individuals and businesses in support of the bill.
[2] ACCI, Submission 106, p. 10.
[3] ACCI, Submission 106, p. 8.
[4] Victorian Employers' Chamber of Commerce and Industry, Submission 107, pp 2–3.
[5] Australian Retailers Association, Submission 75, p. 5.
[6] Queensland Council of Unions, Submission 415, p. 3.
[7] See, for example, Victorian Employers' Chamber of Commerce and Industry, Submission 107, p. 2.
[8] Restaurant and Catering, Submission 452, p. 7.
[9] Australian Retailers Association, Submission 75, p. 4.
[10] Australian Federation of Employers and Industries, Submission 116, p. 11.
[11] Restaurant and Catering, Submission 452, p. 8.
[12] Restaurant and Catering, Submission 452, pp 9–10.
[13] Restaurant and Catering, Submission 452, p. 11. See also, for example, Australian Retailers Association, Submission 75, p. 3.
[14] Australian Federation of Employers and Industries, Submission 116, p. 2.
[15] Restaurant and Catering, Submission 452, p. 15.
[16] SDA, Submission 71, p. 3. See also, in a similar vein, Australian Services Union, submission 318; Queensland Council of Unions, submission 415. The committee also received many hundreds of submissions from individuals opposing the bill.
[17] Unions NSW, Submission 416, p. 6.
[18] Australian Catholic Council for Employment Relations, Submission 112, p. 7.
[19] DEEWR, Submission 418, p. 6.
[20] ACTU, Submission 231, p. 14, citing Bittman, M (2005) ‘Sunday Working and Family Time’ 59 Labour & Industry 16(1) at 68. See also, for example, Australian Catholic Council for Employment Relations, Submission 112, p. 8; United Voice, Submission 417, p. 26.
[21] Unions NSW, Submission 416, pp 9–10.
[22] United Voice, submission to Modern Award Review 2012, pp 3–4, www.fwa.gov.au/documents/awardmod/review/AM2012215_sub_uv.pdf (accessed on 18 December 2012).
[23] See, for example, ACTU, Submission 231, p. 26.
[24] SDA, Submission 71, p. 4; See also, for example, ACTU, Submission 231, p. 26; Unions NSW, Submission 416, p. 8.
[25] SDA, Submission 71, p. 5.
[26] United Voice, Submission 417, p. 17.
[27] DEEWR, Submission 418, p. 4.
[28] Outside these workers are paid time-and-a-half for the first three hours and double time thereafter.
[29] SDA, Submission 71, p. 2.
[30] SDA, Submission 106, p. 6.
[31] SDA, Submission 106, p. 6.
[32] United Voice, Submission 417, p. 15.
[33] ACTU, Submission 231, p. 6.
[34] SDA, Submission 71, p. 4.
[35] ACTU, Submission 231, p. 6. See also, for example, Unions NSW, Submission 416, pp 3–4.
[36] ACTU, Submission 231, p. 6. Emphasis in original.
[37] ACTU, Submission 231, p. 7. See also ACCI, Submission 106, p. 16.
[38] Unions NSW, Submission 416, pp 4–5. See also DEEWR, Submission 418, p. 8.
[39] See, for example, ACTU, submission 231, p. 30.
[40] ACTU, submission 231, p. 19.
[41] ACTU, Submission 231, pp 19–20.
[42] ACTU, Submission 231, p. 20.
[43] United Voice, Submission 417, p. 20, drawing on Australian Bureau of Statistics. Australian Industry 2010-2011 (Cat. No. 8155.0).
[44] United Voice, Submission 417, p. 22.
[45] DEEWR, Submission 418, p. 12.
[46] DEEWR, Submission 418, p. 13.
[47] DEEWR, Submission 418, p. 4.
[48] ACTU, Submission 231, p. 3. See also, for example, SDA, Submission 71, p. 1; DEEWR, Submission 418, p. 16.
[49] ACTU, Submission 231, p. 4.
[50] ACTU, Submission 231, p. 4. See also SDA, Submission 71, p. 3.
[51] ACCI, Submission 106, pp 10–11. See also, for example, VECCI, Submission 107, p. 2; Australian Federation of Employers and Industries, Submission 116, p. 2.
[52] Australian Retailers Association, Submission 75, p. 5. See also, in a similar vein, Small Business Development Corporation (WA Government), Submission 115, p. 4.
[53] Mr Graeme Frappell, Submission 5, p. 1.
[54] DEEWR, Submission 418, p. 8.
[55] DEEWR, Submission 418, p. 7.
[56] Unions NSW, Submission 416, p. 3.
[57] Unions NSW, Submission 416, p. 12.
[58] DEEWR, Answers to Questions Taken on Notice, 7 December 2012 (received 11 January 2013).
[59] DEEWR, additional information, received 11 February 2013.
[60] See, for example, Sydney Morning Herald, Wages of sin, 26 January 2013; The Age, Dishing out pay of $8 an hour, 26 January 2013; The Age, Diners 'unwittingly fund hospitality underclass', 18 January 2013.
[61] The Age, Dishing out pay of $8 an hour, 26 January 2013.
[62] Mr Ronson, Proof Estimates Hansard, 13 February 2013, p. 29.
[63] Mr Ronson, Proof Estimates Hansard, 13 February 2013, pp 28–9.
[64] Gas Employees Case (1919), 13 CAR, Higgins J.
[65] Department of Education, Employment and Workplace Relations, Submission 418, p. 3.
[66] Department of Education, Employment and Workplace Relations, Submission 418, p. 9.
COALITION SENATORS' ADDITIONAL COMMENTS
[1] ABC News Online, 'Tourism minister backs penalty change push', 5 September 2012, http://www.abc.net.au/news/2012-09-05/hopes-for-penalty-rate-relief/4243724?section=business (accessed 1 March 2013).
SENATOR NICK XENOPHON'S DISSENTING REPORT
[1] Council of Small Business Australia, Submission 352, p. 2.
[2] Mr John Hart, Chief Executive Officer, Restaurant and Catering Australia, Proof Committee Hansard, 7 December 2012, p. 30.
[3] Senator Nick Xenophon and Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions, Proof Committee Hansard, 7 December 2012, p. 42.
[4] Sydney Morning Herald, Editorial, 11 February 2013, p. 8.
[5] Productivity Commission, Economic Structure and Performance of the Australian Retail Industry, Report No. 56, 2011, p. 341.
[6] Unions NSW, Submission 416, p. 6.
[7] Mr Greg Parkes, Workplace Relations Director, Restaurant and Catering Australia, Proof Committee Hansard, 7 December 2012, p. 30.
[8] Mr Greg Parkes, Workplace Relations Director, Restaurant and Catering Australia, Proof Committee Hansard, 7 December 2012, p. 30.
[9] Explanatory Memorandum, Fair Work Amendment (Small Business – Penalty Rates Exemption) Bill 2012, p. 2.
[10] Restaurant and Catering Australia, Response to Question taken on notice, 7 December 2012 (received 14 January 2013).
[11] Ms Daniela De Martino, National Industrial Officer, Shop, Distributive and Allied Employees' Association, Proof Committee Hansard, 7 December 2012, p. 13.
[12] The Coffee Club (Sandgate), Submission 946. See also Taco Bell Melton, Submission 949 and Burroso's, Submission 933.
[13] ACTU, Submission 231, p. 3.
[14] Australian Chamber of Commerce and Industry, Submission 106, p. 6.
[15] Mr Greg Parkes, Workplace Relations Director, Restaurant and Catering Australia, Proof Committee Hansard, 7 December 2012, p. 30.