Submission | Inquiry into the Incidence of, and Trends in, Corporate Avoidance of the Fair Work Act 2009

The Australian Chamber of Commerce and Industry (Australian Chamber) thanks the Senate Education and Employment References Committee (Committee) for the opportunity to make submissions in relation to its inquiry into the incidence of, and trends in, corporate avoidance of the Fair Work Act 2009 (Cth)(Inquiry). The Macquarie Dictionary (2003) defines “avoid” as “to keep away from; keep clear of; shun; evade”. When considered in the context of “avoidance” of the Fair Work Act 2009 (Cth)(Act) the Australian Chamber understands this term to have a negative connotation generally implying deliberate non-compliance.

The Australian Chamber does not consider it sinister or evidence of “avoidance” if businesses organise their labour affairs in a manner permitted by the law, which best suits their (often changing) operational needs and has approached this inquiry on that basis.