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Justice for Farmers - One Step Closer

Fri, 16 Sep 2011 00:00:00 +1000

Justice for Farmers - One Step Closer

Local Farmers are backing the State Government’s Small Business Commissioner Bill and are incensed at the Liberal Party’s opposition to it, according to State Labor Member, Mr Tony Piccolo.

The Bill passed the through the House of Assembly this week despite being opposed by the Liberal Party.

Mr Piccolo said that with their decision to oppose this bill, the Liberal Party has sacrificed the soul of small business on the altar of self-interest.

During his Second Reading speech Mr Piccolo said, “How can we have a fairer playing field without an umpire?”

“The Liberals can run from this issue but there will be nowhere for them to hide when people in the farming sector understand what they are doing in here, despite the rhetoric out there.”

“The Liberals have sold out. They have caved in to big business. They are denying small business justice.”

“Why would the Liberals back the predators? Why would the Liberals deny the farmers an opportunity to have their farm machinery warranty issues addressed, as the SAFF has recommended?”

“Why would the Liberals deny farmers an opportunity to have their disputes with grain handling addressed, like this report that came out today said?”

The Bill provides for the creation of a Small Business Commissioner, as well as a legislative framework for prescribing Mandatory Codes of Conduct under the South Australian Fair Trading Act.

“In opposing this Bill the Liberal Party are denying farmers the opportunity to obtain justice when fighting big business like machinery manufacturers and grain handling companies,” Mr Piccolo said.

Mr Piccolo said there are more than 136,000 small business operators in South Australia and every single one is vitally important to South Australia,” he said.

“Once again South Australia will lead the country in providing support for our small business sector.”

The Bill has been endorsed by numerous industry groups including the Council of Small Business Organisations of Australia, Independent Contractor’s Australia, The South Australian Farmers Federation, The Business Development Council and Business SA

Mr Piccolo said the Bill also provides for civil monetary penalties for breaches of prescribed codes of conduct under the Fair Trading Act and for civil expiation penalties (i.e. an infringement notices or "on the spot fines").

Once the Bill is enacted in South Australia, the Minister will have the ability to prescribe mandatory codes of conduct under the Fair Trading Act which could include a statutory duty of good faith as well as other standards of conduct in franchising as well as other sectors such as farming and retail leasing.

“Once passed the Bill will provide Mum and Dad business owners with a quick and fair process to protect themselves from predatory behaviour from other businesses,” Mr Piccolo stated.

The Bill has moved to the Legislative Council for debate.

Small Business Commissioner

Wed, 14 Sep 2011 00:00:00 +1000

Minister for Small Business, Tom Koutsantonis, has called on the Liberal Party to back legislation to create a Small Business Commissioner in South Australia.

Mr Koutsantonis, said the business laws in South Australia and has wide-spread industry support.

“The Liberal Party claims to be the Party for Small Business, but they have yet to make their intentions clear on this legislation,” Mr Koutsantonis said.

“They purport to be a party for small business and they now have a choice, they can back up their rhetoric and support this Bill, as the industry has, or they can signal here and now that they are a party for big business."

“The Liberal Party might not have any policies of its own but they can show some bipartisan sensibility and help deliver this legislation to a sector that wants it."

“There are more than 136,000 registered small business operators in South Australia and they need and want an advocate who can provide owners with the support they need and deserve when resolving disputes.”

The legislation has already received widespread backing from industry groups including national praise with the Council of Small Business Australia (COSBOA).

“We have also received wide-spread support from local industry, with key representative groups providing excellent feedback during the consultation process,” Mr Koutsantonis said.

“Business SA, the South Australian Farmer’s Federation, the Business Development Council, Motor Traders Association the Regional Communities Consultative Committee as well as various industry associations, franchisees and other business groups provided input."

“The establishment of a Small Business Commissioner will build positive relationships between all parties, allowing the smaller businesses to have a non-litigation approach which will be timely, low cost and improve fairness.”

The Government will be appointing the new Commissioner at the earliest opportunity following the passage of the legislation through Parliament.

Small Business Commissioner Bill Passed Despite Liberal Party Opposition

Mon, 24 Oct 2011 00:00:00 +1100

South Australia will shortly have a Small Business Commissioner to advocate on behalf of small business following the passage of legislation through State Parliament this week.

Long standing franchise law reform, small business and farming advocate local State Member of Parliament, Mr Tony Piccolo said South Australia will become the safest place in Australia for small business to set up shop.

The Bill, with a minor amendment moved by the Family First Party, passed the through the State Parliament late on Thursday despite been opposed by the Liberal Party.

While the Bill was passed with the support of the minor parties and independents, it was opposed in both houses of parliament by the Liberal Opposition despite it enjoying support from numerous industry groups including the Council of Small Business Organisations of Australia, Independent Contractor’s Australia, The South Australian Farmers Federation, The Business Development Council and Business SA.

Mr Piccolo said in the end the Liberal Party stood alone alongside the Franchise Council of Australia (FCA) in the business sector in opposing the Bill.

“The behaviour of the FCA and the Liberal Party during the debate has been nothing short of disgraceful, “Mr Piccolo said.

“Despite the pair [the FCA and the Liberal Party] launching a massive scare campaign laced with misinformation their attempts to derail the Bill in the end failed.”

“The Liberals have sold out. They have caved in to big business. They were trying to deny small business justice.”

“The local small business community, including farmers have every right to know while local Liberals John Dawkins MLC and Ivan Venning did not support the measure.”

The Bill provides for the creation of a Small Business Commissioner, as well as the legislative framework for prescribing Mandatory Codes of Conduct under the South Australian Fair Trading Act.

“Civil expiation notices provide a quick and easy way for the Commissioner to impose a penalty without having to go to court (as the Commissioner would need to in relation to civil monetary penalties),” said Mr Piccolo.

Following consultation with relevant industry groups, the Minister will have the ability to prescribe mandatory codes of conduct under the Fair Trading Act which could include a statutory duty of good faith as well as other standards of conduct in franchising as well as other sectors such as farming and retail leasing.

Mr Piccolo said this Bill will provide mum and dad business owners with a quick and fair process to protect themselves from predatory behaviour from other businesses,” Mr Piccolo stated.

“Quite simply, South Australia will be the safest place in Australia for small business to set up shop.”

“Mum and Dad business owners work incredibly long hours and often invest all their savings in setting up new businesses only to be brought down by rogue franchisors.”

“The Bill is very fair as it expects all parties to a business to business transaction to act in good faith and not just franchisors.”

“The Bill and subsequent codes will go some way towards correcting the current huge power imbalance between a franchisor and franchisee.”

The proposed mandatory codes of conduct will not only help franchisees but other small business like farmers.

Mr Piccolo said that concerns expressed about the management of the 2010/11 grain harvest, when combined with the increasing number of disputes between farmers and multinational farm machinery companies meant that the time was right for new laws to provide farmers with some defence against predatory behaviour by big business.

“In reality farmers are small businesses and are often subject to the same predatory behaviour from the big end of town like every other small business, “Mr Piccolo said.

“The Parliamentary Farm Machinery inquiry heard case after case of how farmers were screwed over by big business when it came to warranties and other business transactions.”

Mr Piccolo said the Small Business Commissioner Bill has its origins in a SA State Parliament Economic and Finance Committee Report that found serious deficiencies in the current Federal Franchise Code of Conduct.