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What we know today, Tuesday March 15

TAFE SA staff have been asked to vote on whether to strike this Thursday, following what their union describes as “frustrating” negotiations over a new enterprise agreement.

Mar 15, 2022, updated Mar 15, 2022
Photo: Tony Lewis/InDaily

Photo: Tony Lewis/InDaily

TAFE SA staff to vote on whether to strike

TAFE SA staff have been asked to vote on whether to strike this Thursday, following what their union describes as “frustrating” negotiations over a new enterprise agreement.

During an emergency meeting on Friday, Australian Education Union (AEU) officials unanimously voted to ballot TAFE SA members for a full day of strike action.

The ballot opened this morning, with TAFE staff having until close of business Wednesday to vote on whether to strike on Thursday.

The union argues TAFE SA reneged on an undertaking earlier this year to rollover the terms and conditions of the 2016 educational staff enterprise agreement into an updated 2022 version.

It says TAFE SA wants to change the redeployment, retraining and redundancy clause and minimum qualification requirements for the new lecturer classification.

Other proposed changes to the as-yet unsigned enterprise agreement include making the organisation’s chief executive – rather than TAFE SA itself – the “employer”.

The union says TAFE SA has not explained why the changes are necessary or what impact they could have.

“We have been really frustrated,” the union’s SA president Andrew Gohl said.

“AEU TAFE members are not only furious that key clauses have been changed without explanation – as is required – but that TAFE SA has attempted to exclude the AEU as a signatory to the enterprise agreement.

“This is an attempt at union busting in TAFE and AEU members will not tolerate this deceptive behaviour.”

InDaily contacted TAFE SA for comment.

Meanwhile, the AEU is continuing to fight a TAFE SA attempt to alter the education manager classification without consultation in the SA Employment Tribunal.

Gohl said the ongoing case was an example of TAFE SA’s fractured relationship with the union.

It comes after the AEU threatened a teacher strike earlier this year over COVID-19 safety concerns.

The strike was eventually called off following negotiations between the union and the Education Department.

No impunity if China aids Moscow: Birmingham

Australia could be on a potential collision course with China after the United States issued a stern warning to Beijing that consequences would follow any lifelines thrown to Russia.

Russia’s economy continues to buckle under the pressure of international sanctions but concerns have been raised about Chinese backing to help stave off the effects of Western sanctions.

Finance Minister Simon Birmingham said Australia would continue to move in lockstep with its international partners when it came to sanctioning Russia and those backing the Kremlin.

That included Australian reprisals against actions that “in any way support Russia’s assault on the Ukrainians” in line with the US, the UK and European nations, he said.

“We’ve taken a raft of sanctions against Russian individuals and entities against Belarusian individuals and entities,” Birmingham told Sky News on Tuesday.

“By extending that to Belarus, we have demonstrated that we were willing to take sanctions against those players who support Russia in ways that underpin Russia’s atrocious attacks on Ukraine.”

But the finance minister stopped short of issuing Beijing an ultimatum.

“I hope that it doesn’t come to that because I hope and trust that China does not supply weapons to Russia and does not support (the war)”, he said, following reports Moscow asked Beijing for military support in Ukraine.

“What we encourage China to do is stand up for the sovereignty of Ukraine, stand up for the rights of Ukrainian people and apply pressure on Russia to cease this war (and) to end the killing of Ukrainians.”

The Associated Press quoted two US officials as saying China had signalled to Russia it would be willing to provide both military support and financial backing.

“Moscow has received a positive response from Beijing,” one official told AP on the condition of anonymity to discuss the sensitive information.

Russia has denied it needs China’s help, with President Vladimir Putin’s spokesman Dmitry Peskov saying the country has “its own potential to continue the operation, which, as we have said, is unfolding in accordance with the plan”.

State election campaign on the homestretch

Premier Steven Marshall and Labor leader Peter Malinauskas at the SA Press Club debate last week. Photo: Tony Lewis/InDaily

With just four days left before polling day, the Marshall Government has announced a $3 million pledge to protect Aboriginal culture while Labor has spent the weekend focussing on ambulance ramping and cost of living pressures.

Under the Liberals’ plan to protect Aboriginal culture, announced this morning, $350,000 would be spent each year to establish a website to revive and promote South Australia’s Aboriginal languages.

The website is part of the SA Museum’s “Reawakening Aboriginal Languages” project and would allow members of the public to access language materials at any time, regardless of their location.

Another $2 million would be spent over five years to complete the Kaurna ancestral remains repatriation program and to extend the program to other First Nations.

“I’m very proud that we were recently able to lay to rest respectfully and with dignity the remains of Kaurna ancestors that were previously held away from the country that means so much to their people and culture,” Premier Steven Marshall said.

“This world-leading pilot is the first phase of an outstanding project that will have a profound effect on the lives of many, many people – and I’m looking forward to extending the project to other First Nations.”

It comes after the Marshall Government over the weekend pledged to make permanent its real-time fuel pricing scheme, which is currently on a two-year trial and requires all fuel outlets in South Australia to report any price changes to a database 30 minutes before they come into effect.

Meanwhile, Labor has reiterated warnings of an ambulance ramping “crisis”, after the SA Ambulance Service on Monday declared a “code white” for the entire Adelaide metropolitan area, meaning delayed responses to emergency cases.

“This is literally life and death,” Labor’s shadow treasurer Stephen Mullighan said this morning.

“While Steven Marshall and (Treasurer) Rob Lucas obsess about the cost of fixing the health system, they ignore the cost of not investing in the health system.”

Tragic news in Adelaide overnight. Two patients passing away, with delayed ambulance responses.

An elderly patient passed away after waiting 56m.

A patient in their 20’s tragically passed away, it took 45m for an ambulance to arrive.

Ambulances should have arrived within 16m

— Ambulance Employees Association (SA) (@aeasa1981) March 14, 2022

The Opposition also spent the weekend announcing a $181.65 million package to build and renovate public housing, $37.7 million to double the state government cost of living concession and a pledge to develop a new autism strategy for public schools.

The Liberals’ say their election promises would cost $288 million – $118 million of which is operating expenditure and $170 million is investing expenditure.

Nearly $700 million of Liberal election commitments were budgeted before caretaker mode or through previously allocated funding.

Throughout the campaign, the Liberals have attacked Labor’s policy costs, reiterating warnings of a “reckless spending spree” in the billions of dollars.

Costings are traditionally released by political parties a couple of days before polling day.

Labor says its policies are fully costed, but has deferred releasing details until later in the election campaign.

“We’ll be doing it this Thursday,” Labor leader Peter Malinauskas said.

SA to discuss lifting more restrictions

South Australia’s COVID-Ready committee will meet this morning to discuss whether to further ease the state’s restrictions, with emergency coordinator Grant Stevens previously saying mask-wearing and close contact quarantine rules would be on the agenda.

It comes after authorities scrapped all density limits and lifted bans on dancing, singing and some QR codes on Saturday morning in a move welcomed by the business community.

Stevens told reporters on Thursday that the COVID-Ready committee would meet this week to discuss easing mask-wearing requirements inside public venues, as well as the mandatory 14-day quarantine period for close contacts of positive cases.

The committee is due to meet this morning to discuss whether to proceed with any changes.

National cabinet on Friday moved to scrap quarantine requirements for all COVID-19 close contacts as soon as possible.

Australian leaders also agreed to a transition away from PCR testing for healthy people with mild respiratory illnesses, and instead promote voluntary self-isolation for this group while symptomatic.

Both moves are being reviewed by the Australian Health Protection Principal Committee.

South Australia reported 2099 new COVID-19 infections on Monday, with 113 people in hospital.

Ten of those people are receiving intensive care while one person is on a ventilator.

Risks for Morrison in SA election result

Prime Minister Scott Morrison and Premier Steven Marshall during the state election campaign. Photo: Tony Lewis/InDaily

As South Australians go to the polls this weekend, federal political strategists will be scrutinising trends and issues.

A loss for Premier Steven Marshall would run counter to the trend which has seen every incumbent state and territory government facing COVID-era elections returned, many with thumping majorities.

It would leave the national cabinet table with just two state and territory Liberal leaders – NSW and Tasmania – to Labor’s six.

Prime Minister Scott Morrison is weighing up the timing of a federal election, widely expected to be held on May 14.

He has been eager to provide millions of dollars in support for SA’s manufacturing industry, and talk up the opportunities in the defence sector.

But a Roy Morgan poll taken this month gave Anthony Albanese’s federal Labor team 52.5 per cent of the two-party preferred vote in SA, up almost two points on the 2019 federal election result.

On his trips to Boothby – a key marginal South Australian seat – Albanese has underlined Labor’s commitment to key road projects, clean energy, lifting wages, improving child care and overcoming the skills crisis.

A closely watched factor will be the strength of the vote for independents and minor parties, which will play a key role in the SA Senate race.

Independent senator Rex Patrick and Centre Alliance’s Stirling Griff are up for re-election and could see themselves out of a job if either the Greens vote picks up (it doubled in 2019) or the major party vote strengthens.

The Greens are running economist and jobs expert Barbara Pocock as the lead candidate and is hopeful of adding a number to their ranks alongside high-profile SA senator Sarah Hanson-Young.

The Liberals have tended to get a higher Senate vote in SA than Labor, outpolling the ALP by around 10 percentage points in the past three federal elections.

Unions reject nuclear waste dump in SA

South Australia’s unions have unanimously backed a motion to support Traditional Owners in their fight against a proposed nuclear waste dump on the Eyre Peninsula.

The federal government announced in November that it had acquired a 211-hectare agricultural site in Napandee, 24 kilometres west of Kimba, for a National Radioactive Waste Management Facility.

The site will consolidate low and medium level radioactive medical waste that is currently stored in more than 100 locations across the country.

There is no start date for construction on the project, which is now under the management of the Australian Radioactive Waste Agency, but the facility is expected to be in place for more than 100 years.

In December, the Barngarla Traditional Owners filed for a judicial review of the site selection process in the Federal Court, saying they weren’t properly consulted by the government before their land was chosen to store nuclear waste.

SA Unions Secretary Dale Beasley said the South Australian labour movement supported the Barngarla people in their opposition to the government.

“South Australian unions are completely united in their support of the Barngarla Traditional Owners and their opposition to the proposed nuclear waste site at Kimba,” he said.

“It is simply extraordinary that the federal government would seek to impose a nuclear waste dump on South Australia with inadequate consultation, long term planning and against the wishes of Traditional Owners.

“Aside from being fiercely opposed by the Barngarla Traditional Owners, there are very real concerns around the safety and security of the nuclear waste and its transport 1,700km across Australia to be stored at Kimba.”

SA Labor also opposes the nuclear waste dump being built in Kimba.

But federal resources minister Keith Pitt said in November that the government extended public consultation and had concluded that Napandee had “all of the right geological requirements” to store radioactive medical waste.

“If we are going to use this technology, it produces low-level radioactive waste and we have to deal with it and store with it – this is the best option on the table,” he said at the time.

Australia seeks MH17 action against Russia

Australian Foreign Minister Marise Payne. Photo: Lukas Coch/AAP

Australia will seek “justice and accountability” for the victims of downed Malaysian Airlines flight MH17, launching legal action against Russia over the incident.

The legal proceedings have been made alongside the Netherlands in the International Civil Aviation Organisation in a bid to bring Russia back to the negotiating table for reparations.

The flight was shot down over eastern Ukraine in July 2014, killing all 298 people on board, including 38 Australians.

Foreign Minister Marise Payne said the action was necessary to hold Russia to account for the downing of the flight.

“Russia to date has refused to acknowledge and take responsibility for its clear role in this horrific incident,” Payne told reporters in Sydney on Monday.

“We have always said that all legal options were on the table.”

🇦🇺 & 🇳🇱 today initiated legal proceedings against Russia in @ICAO for the downing of #MH17. We continue our pursuit for truth, justice & accountability for the 298 victims. Russia must be held to account for its egregious violations of international law. https://t.co/DMMW8UudIw pic.twitter.com/Hw1ftS7ecV

— Marise Payne (@MarisePayne) March 14, 2022

As part of the legal action, Australia and the Netherlands are seeking a declaration that Russia broke the international civil aviation convention, also known as the Chicago Convention.

The two nations are also seeking to bring Russia back to negotiations on compensation over the incident.

Negotiations between Australia, the Netherlands and Russia on MH17 broke down when Russia walked away from talks in October 2020 and did not return, despite repeated attempts from the other two nations.

Prime Minister Scott Morrison said Russia’s refusal to take responsibility over the incident was unacceptable.

“(The) joint action by Australia and the Netherlands is a major step forward in both countries’ fight for truth, justice and accountability for this horrific act of violence,” he said.

“The Australian government will pursue every available avenue to ensure Russia is held to account so this horrific act never happens again.”

The legal action will be on top of proceedings taken by the Netherlands against four suspects for their individual involvement in the downing of the flight.

Australia and the Netherlands will rely on “overwhelming” evidence the flight was brought down by a Russian missile over eastern Ukraine in an area that was under the control of Russian-backed separatists.

The countries say the evidence showed the missile belonged to Russia and could only have been fired by a Russian crew.

The legal action comes after multiple western nations instituted sweeping sanctions against Russia over its invasion of Ukraine.

“Russia’s unprovoked and unjustified invasion of Ukraine and the escalation of its aggression underscores the need to continue our enduring effort to hold Russia to account for its blatant violation of international law and the UN Charter,” Morrison said.

Labor leader Anthony Albanese said the opposition would offer bipartisan support to the legal proceedings.

He said Australia owed it to the victims to deliver accountability to Russia.

“This joint action with the Netherlands is an important step forward in this fight,” he said in a joint statement.

“The illegal and immoral invasion of Ukraine has shown us the contempt Russia holds for international law. It must be held to account for its shameful actions.”

Court reverses climate duty of care ruling

A legal decision finding the Australian government owes the country’s children protection from harm caused by climate change has been overturned by a court.

The full bench of the Federal Court on Tuesday morning unanimously ruled in favour of an appeal by the Environment Minister Sussan Ley, reversing a decision by a previous judge.

Eight high school students took Ms Ley to court in 2020, seeking to block the expansion of a coal mine that is expected to produce an additional 100 million tonnes of carbon emissions.

Federal Court Justice Mordecai Bromberg in May 2021 knocked back their bid to stop the expansion, but he did rule that Ms Ley has a duty of reasonable care to not cause the children personal injury when exercising her legislative decision-making powers regarding the mine.

It was lauded as a landmark win that would open an avenue for legal challenges to the government’s future decisions on coal projects.

However, Ms Ley soon after announced she would appeal the finding, and on Tuesday the full Federal Court bench – Justices James Allsop, Jonathan Beach and Michael Wheelahan – ruled in her favour.

All agreed a legal duty of care should not be imposed, but the judges varied in their reasons.

Chief Justice James Allsop concluded that decisions about mining approvals belonging to the executive arm of government – ministers of the day – not the judiciary.

Ms Ley also had control over only a tiny contribution to global carbon emissions, he said.

“The lack of proportionality between the tiny increase in risk and lack of control, and the liability for all damaged by heatwaves, bushfires and rising sea levels … into the future, mean that the duty … should not be imposed.”

Chief Justice Allsop did, however, note the considerable evidence demonstrating the dangers to humanity that climate change presents was not challenged.

“None of the evidence was disputed,” he said.

“There was no cross examination of any witness brought by the applicants by those acting for the minister and there was no contrary or qualifying evidence,” he said.

Lawyers acting for the group of children now have the option to appeal that decision in the High Court.

Advances slower than expected: Putin ally

Citizens clearing rubble from a street in Donetsk after a short-range ballistic missile shot down over the city. Photo: Valentin Sprinchak/TASS/Sipa USA

One of President Vladimir Putin’s closest allies says Russia’s military operation in Ukraine has not all gone as quickly as the Kremlin had wanted, the strongest acknowledgement yet from Moscow that its invasion is not going to plan.

It comes as Russian officials blame a Ukrainian missile for killing at least 20 people in the capital of the Donetsk region – a claim Ukraine has denied.

Viktor Zolotov, chief of Russia’s national guard and a member of Putin’s security council, said progress had been slower than expected, blaming what he called Ukrainian nationalist forces hiding behind civilians.

“I would like to say that yes, not everything is going as fast as we would like,” Zolotov said in comments posted on the National Guard’s website.

“But we are going towards our goal step by step and victory will be for us.”

The United States and its European allies have cast Putin’s invasion as an imperial-style land grab that has so far been poorly executed because Russia underestimated Ukrainian resistance.

Ukraine, which says it is fighting for its survival, denies Russian claims that its forces have used civilians as shields in battle and has accused Russia of war crimes for killing civilians.

Zolotov has been at Putin’s side since before the turn of the century, running the Kremlin leader’s personal security for 13 years.

Since 2016 he has headed up the National Guard force, which reports directly to Putin and has deployed troops in Ukraine.

His comments, made at a church service led by Orthodox Patriarch Kirill on Sunday, deviated from those of the Kremlin and Defence Minister Sergei Shoigu who say Russia’s operation in Ukraine will be completed on time and in full.

The Kremlin said on Monday that the operation was going to plan but that its army might change tack and look to seize full control of major cities.

Kremlin spokesman Dmitry Peskov said Russia had been careful not to target civilians.

Peskov said claims by the United States and European Union that Putin was somehow disappointed with the progress of what the Kremlin casts as a special military operation amounted to a provocation aimed at prompting Russia to storm cities.

“All the plans of the Russian leadership will be achieved on time and in full,” Peskov said of Ukraine.

Zolotov is a veteran Kremlin insider who provided KGB security for communist leaders in the Soviet Union and was photographed atop a tank outside the Russian White House during the Soviet break-up as Boris Yeltsin faced down a hardline coup in 1991.

– With AAP and Reuters

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