The Federal Government has announced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 which proposes amendments to the current employment and industrial relations system.

Some proposed changes from 1 July 2024 include:

Contracts may no longer determine or classify how an employee is employed.

Casuals with a definite pattern of work will be able to provide their employers with a written notification that they believe they no longer meet the requirements of a casual employment engagement.

For small businesses, casuals can request this conversion after 12 months.

For all other businesses, casuals can request this after 6 months.

Employers have 21 days to provide a detailed reason if they decline.

New minimum standards and conditions for gig economy workers

Some proposed changes include that:

Employee-like workers would have a new ability to apply to the Commission for assistance if they consider they have been unfairly deactivated by a digital labour platform.

The Commission has broad discretion to decide what terms and conditions will be set as minimum standards. For example, standards could include terms about payment terms, deductions, working time and insurance.

Other elements of the proposed bill include:

(Article from Restaurant & Catering Australia)

Small producers are able to apply to align the payment of their excise with their BAS. Over the weekend of 25 – 27 August, excise data would be moved from legacy systems into the same accounting system used by the ATO for other taxes. This will enable clients to lodge and amend excise returns and make excise claims online for the first time. The ATO will advise clients when they will be able to commence accessing the new online system.

Current processes used in relation to licence authorisations and permissions would not be changing. Systems updates would have no effect on the way that taxpayers lodge customs remission claims. 

The full presentation can be found in the members portal under the resources page, business services, accounting & finance.

ACCESS HERE

The Tasmanian Whisky and Spirits Association has launched their Industry Blueprint. Some of the highlights include:

You can download the Blueprint below.

TWSA BLUEPRINT

The ABAC Responsible Alcohol Marketing Code (the ABAC Code) sets content and placement standards for marketing in Australia. The ABAC Code applies to all marketing communications, including advertising that references or flows from an Alcohol or Alcohol Alternative sponsorship agreement. For example, brand advertising that references the sponsorship in any medium, branded merchandise, and brand advertising at the event (beyond solely logo and name) is covered by the ABAC Code. This ensures that alcohol and alcohol alternative advertising both relating to and at an event meets applicable ABAC Code standards.

The scheme has produced a Draft Best Practice for contracts that directly impact third parties that are not within the ABAC Code’s jurisdiction, such as sporting bodies, individual clubs or groups, media bodies or individual athletes and performers. Accordingly, the ABAC Code does not apply to a Sponsorship Agreement itself.

ABAC has developed this best practice guide in two parts:

Part 1 - to highlight the ABAC Code standards that apply to Alcohol and Alcohol Alternative marketing arising from a sponsorship arrangement; and

Part 2 - to assist companies to assess the suitability of a proposed sponsorship agreement and its implementation, in line with the objectives of the ABAC Scheme.

The Chief Executive has provided feedback to the code. If any member wishes to view the draft code, please advise directly.

NSW Environment Protection Authority is leading a project on behalf of Australian and NZ Environment Ministers and the Heads of EPAs forum (HEPA) to provide feedback on approval processes under Container Deposit Schemes in Australia. All Australian State and Territory environment regulators, the Australian Government, and the New Zealand EPA are members of HEPA.

The objective of the project is to help harmonise Container Deposit Schemes and reduce administrative burden for governments and suppliers.

They have sought Australian Distillers Association feedback to understand our member’s journey through container deposit scheme approval processes, what our pain points are, and hear your views on possible approaches to make it easier for all to interact with CDSs.

As previously advised, the Queensland Government announced that they expanded the CDS to cover wine and spirits bottles for the first time. This will come into effect 1 November 2023.

After joint intervention with Queensland Distillers Association and Spirits & Cocktails Australia, QLD Government advised changes to the original transition date that was in the consultation draft (1 January 2025). The new transition date, by when the refund mark is to be displayed on containers, is proposed as 1 January 2027.

They have also provided additional information through the Explanatory Notes to the amendment regulation that there is no requirement for stock-in-trade to display the refund mark after 1 November 2023 as it will be compliant because of the transition period provided. This means that wine and pure spirits in glass containers can be sold into Queensland as compliant product without the need to over-sticker or change labels.

Further information for members will be published soon, with a detailed FAQ section and information from the QLD government and COEX, Container Exchange.

Please look out for further information in the news pages as well as your inbox.

(Container Exchange is appointed by the Queensland government to manage and grow Queensland’s container refund scheme – Containers for Change).

14 Australian Distillers Members have expressed an interest in becoming qualified trainers for the Certificate IV in Artisan Fermented Products qualification being run by the National Distilling Institute and will soon complete the Cert IV TAE.

The Cert IV in Artisan Fermented Products is continuing to be developed with the assistance of member Subject Matter Experts and the National Food Institute.

It is still anticipated the course will be available for the first cohort of students early in 2024.

A group of 14 representatives of Australian Distillers participated in a Study Program in the United States, coordinated by Spirits & Cocktails Australia. Overall, it was a successful event with industry knowledge gained by the participants, key briefings by Austrade, activation of the Australia Room to showcase Australian spirits, tour of several craft and major distilleries, and a roundtable discussion with the Distilled Spirits Industry Council of the United States (DISCUS) and a short visit from the Australian Embassy Deputy Chief of Mission.

Yesterday afternoon, the Australian Tax Office provided advice to members of the Alcohol Stakeholder Group regarding changes to alcohol excise from 1 August (see below).

New rates published on the ATO website confirm that spirits and RTD excise rates will increase by 2.2% from 1 August 2023 to:

The Shout has recently covered the story and published our media release.

RESOURCE HANDBOOK FOR DISTILLERS

A detailed resource handbook can be found below, to equip you with tools to enable us to maintain pressure on the government to consider our request for a freeze.Please click the following links for the various materials.

RESOURCES HANDBOOK 
(pdf that includes all material and graphics)

LETTER TO YOUR MP TEMPLATE
(word doc)

DRINKS COMPARISON GRAPHIC

INTERNATIONAL COMPARISON GRAPHIC

The federal government today confirmed a harsh new reality for spirits producers across the country, with spirits excise set to top $100.05 per litre of alcohol from 1 August.

Spirits and Cocktails Australia chief executive, Greg Holland, slammed the increase.

“It’s outrageous to think that Australia’s spirits tax – which is already the third highest in the world – will exceed $100 per litre of alcohol next month,” he said.

“A gin and tonic now has more than double the tax of a Great Northern.”

“When will enough be enough?”

Australian Distillers Association chief executive, Paul McLeay, said the tax on spirits is unfair and unsustainable, putting a handbrake on the growth of a promising industry.

“It’s impossible for local distillers to consider employing new staff, opening a distillery door or accessing new export markets with this out of control tax,” he said.

“If the government is serious about growing domestic manufacturing jobs, particularly in the regions, they can’t have it both ways.”

Cape Byron Distillery founder Eddie Brook says small distilleries cannot realistically pass on every increase to consumers, who don’t understand the excise burden these businesses are dealing with.

“If we asked our loyal customers to pay an extra $2 or $3 every six months, we would start to look greedy in their eyes, and it puts us out of the price range that they can afford,” he said.

“What that means is, we've had to absorb a lot of those increases, which has made the running costs extremely tight and essentially, it is has reduced the ability of the business to grow.

Brook said the latest forecast excise increase will cost his business about $70,000 a year in lost margin.

“That’s the equivalent of a full-time staff member that we won’t be able to employ as a result,” he said.