Government Agrees Tradies Are Not ’employee-like’

Housing Industry Association (HIA)

“HIA has successfully convinced the Government that independent contracting arrangements in the residential building industry must not be impacted by the much-anticipated industrial relations reforms,” said Jocelyn Martin, HIA Managing Director. 

“Legislation introduced into Federal Parliament today confirms that tradies in the residential building industry will not be captured by measures targeted at ‘employee-like’ workers,” added Ms Martin.
 
“HIA have worked directly with the Government, including the Minister, to ensure that independent contractors, the majority of which are small businesses, and the engine room of the Australian economy, can continue to build the homes the Australian community so desperately needs.
 
“We are pleased the Government has listened to HIA’s concerns that reforms to industrial relations laws cannot and should not impact the status quo in the residential building industry. Protecting the rights of independent contractors is critical.
 
“Under the proposed laws a worker must be operating via a digital platform and be ‘employee-like’ to become subject to the Fair Work Commission’s proposed new powers to set minimum standards. Claims that the Commission will be able to force independent contractors to become employees don’t appear to hold much weight,” said Ms Martin.
 
“In a further win, and as a direct result of HIA’s lobbying efforts, apprentice and training arrangements have been expressly excluded from measures targeted at labour hire providers.
 
“HIA does remain concerned about several aspects of the Bill. HIA is keen to better understand how the proposed new jurisdiction of the Commission to deal with unfair contract terms and measures targeted at the road transport industry supply chain will affect independent contractors and the residential building industry.
 
“Independent contracting arrangements in the residential building industry are critical to delivering the Government’s commitment to build 1.2 million homes over the next 5 years and we will continue to work with the Government to ensure that these proposals do not jeopardise the operation of an industry already facing several significant challenges,” concluded Ms Martin.

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