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On 1 July we launched our Charter of Contractual Fairness
We have heavily drawn the principles of contract fairness from the new consumer unfair contract protections laws. If it's fair for consumers, it's fair for small business people - the self-employed and independent contractors.
We are currently writing to Australian corporations asking them to commit to contract fairness in their dealings with small business people.
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ICA's principal commitment is to lobby/advocate on small business issues. Here are our current campaigns: |
ICA says "extend unfair contract protections for consumers to small business". Our overview is here.
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ICA supports the prevention of sham contracts. We monitor what's happening with them. Our summary links are here. |
Here's our commentary and some further links on the Phoenix problem. |
ICA has long fought to protect fair contractor tax laws.
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The federal election was held on on 21 August 2010. ICA was active in assessing the policies of the ALP and the Coalition. Here's our comparative summary of the parties' policies just before the election.
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Australia's decision to buy the Joint Strike Fighter (JSF) as the backbone of our air defence is under attack. Is this a bad procurement and contract management stuff-up? We've summarised the arguments and included some useful videos.
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ICA is committed to quality research to understand self-employed people.
6 July 2010: We released a unique research report made possible by an unusual collaborative effort. The report shatters many preconceived beliefs about 'us'; small and micro-business people. We believe it has global implications.
Main points and commentary
Summary
Full report.
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20 July 2010: Here's further research from Flying Solo: Report Summary; Full report and from Kelly Services: Report. And here's a comparative chart of our own.
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One person's story
Recently we were able to offer a small touch of advice where we feel we've made a difference. We received an email from a woman subjected to what sounded like a sham contract and where payments owed to her were being denied.
Dear Mr. Phillips, I have recently moved to Sydney from the United States and began working for a marketing and promotions company as a sales rep. I was told I had to register for an ABN number (which the company did for me) in order to work for the company and that I was considered an 'independent contractor' for my term of employment.
I never saw any ABN forms, never set my hours, never set my own wages, was told to wear a uniform, etc. and was never told that I was to submit any documentation of my sales in order to receive payment.
For weeks I received pay for the sales I did without knowing exactly how many sales I was getting paid for, etc. When asked, they said my 'pay slips were coming', but they never seemed to materialize. Long story short, I was 'let go' on accusations that were completely false, and have no records of my pay slips, etc from this company to file taxes with.
Now that I am no longer with them, they are with holding my pay and saying they are going to not only charge me to produce 'invoices' of my payment but they are also taking out a GST tax from the wages they have previously paid out of my next payment.
I am overseas and feel completely taken advantage of. Furthermore, according to your description of an Independent Contractor, I don't think I actually qualify as one. What are my rights in this situation and where do I go from here? I feel very helpless and overwhelmed, please give me any advice you can.
Thanks so much for you time and I look forward to hearing from you.
We referred her directly to the complaints section of the Fair Work Ombudsman confirming what she thought should be her course of action. She sent this reply with permission for us to publicise her story:
Thank you so much for your help, I really appreciate it. I was already thinking about contacting the Ombudsman so you have given me confidence to go ahead. Thank you so much. Its scary to be a 25 yr old female traveling alone and feel like you have no power. I appreciate your help once again, have a great day!
We've asked her to let us know how this develops and we'll report on an outcome when we become aware of it.
There's a lesson for everyone in this story. There are always con artists hanging around in society ready to rip off the vulnerable. At least in the sham contract area we now have an effective institution to chase up complaints. People should use this.
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| Their interests are our interest |
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Excellent, cheap, quick dispute mediation services for small/micro business people. Click here
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Highly recommended, but care needs to be taken with PSI section
The Handbook is here
Minister's media release |
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Amusing video on Hayek versus Keynes here. |
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Here's a list of most of them. ICA Members only. |
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