Australian Manufacturing Workers' Union



Submission: Phoenixing

Inquiry into the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019

The Australian Manufacturing Workers’ Union (AMWU) represents over 70,000 workers who create, make and maintain in every city and region across Australia. We represent workers who have been affected by phoenixing and have a proud history of advocating for reform in this area.

I refer the committee to the submissions made by the AMWU and the ACTU (attached) to the consultation process relating to the draft legislation. Unfortunately, many of the concerns raised in those submissions were not addressed.

More needs to be done to protect workers entitlements, particularly where those exceed the terms of the Fair Entitlements Guarantee. This legislation must also ensure that directors cannot avoid penalties for breaches of OH&S legislation through phoenixing.

While this legislation is an improvement over the status quo it remains an inadequate response to a significant problem faced by workers, governments and the community.

I refer the committee back to our previous submissions and encourage them to adopt the recommendations that were made in relation to the exposure draft, but ignored by the Minister in the preparation of this legislation.

Kind Regards,

Paul Bastian


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