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National Employment Standards

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The National Employment Standards ( NES ) is a set of eleven minimum entitlements for employees in Australia who are covered by the Fair Work Act 2009 . An award, enterprise agreement, other registered agreement or employment contract cannot provide for conditions that are less than the national minimum wage or the National Employment Standards and they can not be excluded. The NES have applied to employees since 1 January 2010, having replaced the previous five entitlement standard (called the Australian Fair Pay and Conditions Standard ) under the WorkChoices legislation.

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67-703: As most Australian employees are covered by the Fair Work Act, the National Employment Standards are considered a cornerstone of the Australian industrial relations system. Breaching the National Employment Standards can bring about serious legal consequences, and the Federal Circuit Court of Australia has sanctioned employers with significant penalties for non-compliance. Minimum standards feature prominently across

134-762: A different form of regulation, which made these standards available to a wider range of employees'. Federal Circuit Court of Australia Too Many Requests If you report this error to the Wikimedia System Administrators, please include the details below. Request from 172.68.168.226 via cp1108 cp1108, Varnish XID 223773213 Upstream caches: cp1108 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 07:52:16 GMT Rudd Government (2007%E2%80%9310) Prime Minister of Australia First term of government (2007–2010) Second term of government (2013) Ministries Elections [REDACTED] The first Rudd government

201-484: A long period of working for the same employer, and this entitlement varies from state to state. Public holidays: This entitles employees to be absent from work on a day that is a public holiday in their base state of work. Notice of termination and redundancy pay: This provision ensures that employees are provided with a fair period of termination notice, and redundancy pay depending on years of service. Fair work information statements: Standardised documents on

268-448: A motivating factor in his replacement. At the 2007 election, Rudd stated: You'd turn them back. ... You cannot have anything that is orderly if you allow people who do not have a lawful visa in this country to roam free. That's why you need a detention system. I know that's politically contentious, but one follows from the other. Deterrence is effective through the detention system but also your preparedness to take appropriate action as

335-686: A period of 12 months of unpaid parental leave without pay from their employer. Annual leave: Australian employees receive 20 days of paid annual leave per year, which is said to be generous compared to many countries. Personal leave: 10 days of personal leave per year is provided, with this for use when an employee is unfit for work due to illness or family emergency, and 20 days of paid leave for domestic violence purposes. Community service leave: This entitlement allows employees to take unpaid community service leave for activities such as voluntary emergency management activities or jury duty. Long service leave: An employee gets long service leave after

402-577: A raft of new coal-mining projects worth about $ 11 billion. The government also had plans to support growth of the renewable energy industry. The Rudd government attempted to increase Australia's international influence. Prime Minister Rudd announced in March 2008 that Australia would seek a non-permanent seat on the United Nations Security Council for 2013–14, which the country had last held in 1985–86. In November 2009,

469-667: A review of the tax system by the head of the Department of the Treasury , Ken Henry . Among other suggested reforms recommended by the Henry review and adopted by the Rudd government was a Resource Super Profits Tax on the extractive industry . The proposal met resistance from mining industry bodies and mining companies, and the proposal was later heavily modified when Julia Gillard replaced Rudd as prime minister. In December 2007,

536-607: A significant expansion to the Australian Defence Force , intended to maximize the military's capacity to act independently in Australia's region. Other defence policies enacted by the Rudd government include cancelling the contract to purchase 11 Seasprite helicopters in March 2008, and beginning the process of planning the replacement for the Navy's Collins- class submarines . The Rudd government altered

603-571: A simpler awards system as a safety net, the restoration of unfair dismissal laws for companies with under 100 employees (with a probation period of 12 months for companies with less than 15 employees), and the retention of the Australian Building and Construction Commission until 2010. It retained the illegality of solidarity action , the right of employers to lock workers out, restriction of union right of entry to workplaces, and restrictions on workers' right to strike. Rudd also outlined

670-529: A system of "temporary protection visas" for unauthorized arrivals, and a policy of turning back boats where possible. The Rudd government dismantled all three components, dubbing them "ineffectual and wasteful". The government adjusted the mandatory detention policies established by the Keating and Howard governments and on 8 February declared an end to the Pacific Solution. The policy had involved

737-581: A ten-year jail sentence for paying bribes. The Rudd government's 2009 Defence white paper identified the rise of China as a potential threat to Asia Pacific security, and during the WikiLeaks affair, confidential diplomatic cables were released which purported to show that Rudd had warned the US Secretary of State Hillary Clinton that the Communist Party was "paranoid" about Taiwan and that

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804-483: Is an expectation of ongoing work for a casual and the casual has been employed regularly and systematically for at least 12 months, they have extra entitlements from the NES. These are: The National Employment Standards apply in relation to employees and employers that are deemed part of the "national system". This means they must fall under the jurisdiction of the Fair Work Act 2009. Employers are not permitted to contravene

871-568: The Age newspaper reported that $ 11 million had been spent campaigning for the seat, and had added twenty-seven votes for Australia; the majority of the votes came from small island nations in the south Pacific and six African nations. The Rudd government lobbied for the G20 Forum to replace the G7 as the premier forum for global governance and economic management and secured a seat for Australia at

938-654: The MV Oceanic Viking was involved in an emergency operation rescuing 78 Sri Lankan asylum seekers in international waters within the Indonesian sea rescue zone. Those rescued were due to be landed in Indonesia, for transfer to an Australia-funded immigration detention centre on the Indonesian island of Bintan. However, the asylum seekers refused to disembark until 18 November, following assurances of fast-tracked processing of their cases for resettlement. In

1005-514: The 2007–2008 financial crisis , the Rudd government announced in October 2008 that it would guarantee all bank deposits. The government initially ignored Reserve Bank of Australia (RBA) advice to cap the guarantee. With the economy experiencing its biggest slowdown since the early 1990s and facing a recession, the government announced an economic stimulus package worth $ 10.4 billion. A second economic stimulus package worth $ 42 billion

1072-675: The G20 Forum was, the press reported that Rudd received a frosty welcome from Bush at the White House dinner that opened G20 summit in Washington in November 2008. Bush's successor, Barack Obama , had a warmer relationship with Rudd, telling the Australian media in April 2010 that Rudd was "smart but humble" and the political leader he was closest to on the world stage. Chris Evans served as Minister for Immigration and Citizenship in

1139-613: The Minister for Defence , Joel Fitzgibbon , ordered the Department of Defence to develop a new white paper to guide Australia's defense policy. While the white paper was originally due to be completed in December 2008, it was delayed until 2009 due to the volume of work required. The white paper, entitled Defending Australia in the Asia Pacific Century: Force 2030 , was released on 2 May 2009 and outlines

1206-670: The 'most radical neoliberal reform' at the federal level. With WorkChoices came the AFPCS , a set of five statutory minimum standards, to much criticism. Bray and Stewart describe the Fair Work Act as a 'rebalancing' of WorkChoices, and the NES formed part of this reform. There are eleven minimum conditions covered under the National Employment Standards: Maximum weekly hours: This standard provides that employers must not request or require an employee to work more than 38 hours for full-time employees or

1273-563: The 1990s came an increase in statutory minimum standards through the enactment of the Industrial Relations Reform Act 1993 (Cth), which implemented minimum standards on matters such as unfair dismissal , notice requirements for termination, and other matters. Inspired by what is considered to be 'neoliberal philosophies', this reform was also intended to displace awards in favour of enterprise bargaining. The Howard Government introduced WorkChoices, considered to be

1340-512: The Australian Parliament, Rudd described this assurance as "non-extraordinary". Opposition frontbencher Tony Abbott said that Rudd was inept and hypocritical in his handling of the issue during the affair. According to Geoff Kitney, a Fairfax journalist who has covered immigration since the 1980s, his explanation of the terms of the agreement left the impression that, at the very least, he knew it would be difficult to show that

1407-551: The Australian force in Afghanistan was expanded, with Rudd announcing in April 2009 an increase from 1,100 to 1,550 personnel. Fitzgibbon became the first Rudd government minister to resign, on 4 June 2009. He quit after admitting that meetings concerning business opportunities held between defence officials and his brother, the head of nib Health Funds , had breached the Ministerial Code of Conduct. John Faulkner

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1474-588: The Liberal government. These changes are yet to pass the Senate. In opposition, Rudd had called climate change "the greatest moral, economic and social challenge of our time" and called for a cut to greenhouse gas emissions by 60% before 2050. In October 2007, John Howard, Prime Minister at the time, said that Labor's policy on climate change negotiations had no significant differences to the Liberals' policy. At

1541-451: The National Employment Standards. Not all commentators agreed that the Rudd government had struck the right balance between simplification and appropriate protection. Baird and Williamson, for example, argued that the new minimum standards were detrimental to certain groups, particularly women, because the new awards failed to adequately cover women working in social services, call centres and

1608-745: The Prime Minister's decision. The government articulated its stance on energy management in October 2009. Writing in The Australian Financial Review , the resources minister, Martin Ferguson , acknowledged that withholding resources such as coal (either black or brown ) is unlikely to do much to assist in reducing emissions or alter demand. The government instead hoped to become a world-leading investor in carbon capture and storage technologies, and expand Australia's natural gas production, while continuing to support

1675-559: The Relocation Scholarship. These scholarships were developed as part of the Rudd government's response to the Bradley Review of Higher Education , and its recommendation to tighten eligibility for Youth Allowance by reforming the 'work test' coupled with a loosening of the parental income test. The government abolished the old scholarship system, which helped about 21,000 students per year, due to concerns that it

1742-596: The Rudd government, which maintained Australia's bipartisan policy in support of the multi-ethnic annual intake of immigrants. Rudd said that he believed in a "Big Australia" and projected a population of 35–36 million by 2050. The Rudd government moved in its early months to dismantle several components of the Howard government 's approach to unauthorized arrival immigration policy – it abandoned offshore processing of asylum seekers and temporary protection visa arrangements. The Coalition said that these practices had halted

1809-571: The US should be prepared to use force against China "...if everything goes wrong". Responding to the New South Wales coroner's late November 2007 finding that the Balibo Five had been deliberately murdered by the Indonesian military in 1975, Rudd commented that "those responsible should be held to account. ... You can't just sweep this to one side". As opposition leader he had argued for

1876-522: The Youth Allowance and Austudy system , stating they were unfair to rural and regional students and would leave 26,000 students worse off. The bill would have tightened regulations around the work requirements these students needed to fulfill to be considered independent of their parents. However, the two country independents in the House of Representatives, Tony Windsor and Rob Oakeshott, supported

1943-457: The cash bonuses in the package to fund investment in the environment and water supply. National accounts released on 4 March 2009 showed that Australia's non-farm sector shrunk for the September and December 2008 quarters. The 2009 Australian federal budget was released on the evening of 12 May 2009. Labor decided not to extend the investment allowance, and it was phased out by the end of

2010-479: The cessation of the detention of children and the provision of legal advice to unauthorized arrivals. In April 2009, following the relaxation of border protection policies, there was an increase in asylum seeker vessels which culminated in a fatal explosion due to sabotage on one of these vessels . In response, the government announced a new strategy of offering financial support to Indonesia to assist in their efforts to reduce people smuggling to Australia. After

2077-410: The changes to rural arrangements. This allowed students from remote areas to access the workforce test with the additional requirement that their parents earned less than $ 150,000. The Student Start-Up Scholarship was cut (by about $ 200) to just above $ 2000 to pay for these changes. However, the impasse meant that, in mid-February, an estimated 150,000 students were waiting for the bill to pass in time for

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2144-459: The changes. The Bradley Review had found that the old system had been accessed disproportionally by students from high-income families despite being intended to support those from disadvantaged backgrounds. To win the support of the Greens and Senator Nick Xenophon and to mitigate the opposition of the Liberals and secure passage of the bill, Education Minister Julia Gillard loosened some aspects of

2211-450: The country without visas. While it remained committed to the policy of mandatory detention as an "essential component of strong border control", the Rudd government announced that detention would be restricted to unlawful non-citizens who posed a threat to the community, those who refuse to comply with visa conditions, or those who need to be detained for the period of conducting health, identity and security checks. The government announced

2278-1049: The deal was not a cave-in. The Sri Lankan Government said that the deal would encourage more people to risk the ocean journey to Australia. A UNHCR representative told The Australian that the deal was bad practice and would encourage similar behaviour. By March 2010, 100 asylum seeker boats had been intercepted within Australian waters under the Rudd government. In April, the Rudd government suspended processing new claims by Sri Lankan and Afghan asylum seekers, who comprised 80 percent of all boat arrivals, for three and six months, respectively. A boatload of refugees arrived daily in May 2010, causing overcrowding on Christmas Island. West Australian Premier Colin Barnett has been told by Evans that up to 90 asylum seekers would move to an unused mining camp near Leonora , more than 800 kilometres (500 mi) north-east of Perth. Government policy towards unauthorised boat arrivals remained controversial for

2345-573: The detention centre there was becoming crowded. In 2010, as the Christmas Island facility reached its official capacity, the United Nations High Commissioner for Refugees (UNHCR) noted in its annual report that despite global refugee numbers remaining steady, there was a 29% increase in asylum claims for 2009. This supported claims that the government's policy changes had led to the increase. In October 2009,

2412-633: The establishment of offshore processing centres on Manus Island in Papua New Guinea (closed 2004) and at Nauru . In announcing the demise of the policy, Evans described it as "a cynical, costly and ultimately unsuccessful exercise", and the 21 people housed at the Nauru detention center were transferred to Brisbane. In May 2008, the Asylum Seeker Resource Centre said that the Department of Immigration and Citizenship

2479-525: The expensive election promises for " working families ". The projected surplus of 1.8% of GDP, or $ 21.7 billion, exceeded the 1.5% target set by the government in January. Labor supported improving the federal–state funding process through a reform of the Council of Australian Governments . Three nation-building investment funds were established – the infrastructure fund, "Building Australia",

2546-636: The explosion, Rudd said: "People smugglers are the vilest form of human life." Unauthorised boat arrivals in Australia increased from 161 people in 2008 to nearly 3,000 people in 2009. The opposition said that this was due to the government's policy adjustments, while the government said that it was due to "push factors". Rudd had a conversation with Susilo Bambang Yudhoyono , the President of Indonesia , on 20 October to intercept vessels bound for Australia. The government had made provisions to house refugees in spare demountable housing on Christmas Island , as

2613-415: The federal government's climate change advisor, Professor Ross Garnaut . Garnaut said that the government's conditional 2020 emission targets were too low, and that the planned assistance measures for emissions-intensive industries pose "profound" financial risk for the government. In May 2009, Rudd announced an increase of the scheme target to a 25% reduction from levels of 2000, but that the introduction of

2680-523: The first six months of 2009. They were quietly resettled in northern Brisbane , in spite of a nationalist backlash against refugees that was developing in Queensland. WorkChoices , the industrial relations regime introduced by the Howard government, was overhauled. Rudd's 2007 policy included the phasing out of Australian Workplace Agreements over a period of up to five years, the establishment of

2747-624: The forum. The Rudd government sought to improve relations with China. Trade developments including the Gorgon gas project saw major deals between Australia and China. In an April 2008 visit to China, Rudd addressed an audience in Mandarin at Beijing University , in which he told students that Australia had concerns over human rights issues in Tibet and later repeated the comments to Premier Wen Jiabao . The Chinese Communist Party reacted angrily to

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2814-591: The health sector. Pittard observed the NES are not perceptively wider than the Australian Fair Pay and Conditions Standard and other minimum entitlements provided for under the WorkChoices legislation the Fair Work Act was designed to replace. It has also been argued the NES may also be seen as an 'expansion of direct statutory regulation, because even if they simply recognise standards that already existed, their embodiment in legislation represented

2881-532: The industrial relation systems of most modern economies, establishing a floor of workplace rights and entitlements. Such standards promote fair treatment of workers by protecting job security and working conditions. Despite the significance of legislated minimum standards internationally, prior to the NES these were confined to basic entitlements at the state level and included public holidays and long service leave. General standards were developed through regulation and judicial bodies such Fair Work Australia . Early in

2948-452: The international community". After a year of accounting of " emissions " and " sinks ", the government published its climate change policies in a white paper released on 15 December 2008. This defined a plan to introduce an emissions trading scheme in 2010 and recommended a target range for Australia's greenhouse gas emissions in 2020, which would be a 5% to 15% reduction from levels in 2000. It drew criticism from environmental groups and

3015-531: The leadership of the ALP and was succeeded by his deputy, Julia Gillard . Rudd was re-elected leader of the Labor Party in 2013 and served a second term as prime minister . The Rudd government issued its first budget in May 2008, which was initiated to fight inflation . The total expenditure, as a share of gross domestic product (GDP) , was lower than any of the previous governments, despite including many of

3082-664: The life of the Rudd government. During the 2010 Labor leadership spill that resulted in Gillard replacing Rudd as prime minister, Rudd told media on 23 June: "This party and government will not be lurching to the right on the question of asylum seekers, as some have counseled us to do." The Gillard government made a further series of adjustments to Labor policy and moved to restore offshore processing of asylum seekers in 2011. Despite an election promise to process 90 percent of claims for protection visas within 90 days, Immigration Department figures in October 2009 showed no improvement in

3149-462: The manufacturing sector, the Australian economy avoided a technical recession. RBA economists endorsed the first two phases of stimulus a year later, saying that it was "undeniable" that government spending had supported the economy. RBA governor Glenn Stevens remained cautious of American-style fiscal policy, casting doubt on the idea that Australia should have a higher inflation target to repair its public accounts. The Rudd government established

3216-588: The number of Australian troops deployed to Afghanistan and Iraq. The 550 combat troops deployed on an overwatch mission in central-southern Iraq were withdrawn in mid-June 2008, fulfilling an election promise. This reduced the Australian Defence Force presence in the region to 800–900 support personnel, including 440 either on the ground in Iraq or patrolling the coastline. As of early 2009, around 150 support personnel remained in Iraq. In contrast,

3283-497: The ordinary hours of work for a part-time employee. Requests for flexible working arrangements: This standard allows for employees to request a change to their working arrangements where such change relates to any of the circumstances listed in the Act, which includes caring for children or family, disability, age, or family violence. Unpaid parental leave: Parents who complete 12 months service with an employer become entitled to take

3350-500: The remarks, describing Tibet as "purely an internal affair". The Rudd government's relations with the Communist Party were further strained by the Stern Hu Affair , in which, following a failure by China to secure the purchase of Australian mining assets, Australian businessman Stern Hu was accused of "stealing state secrets" during trade negotiations on behalf of Australian mining company Rio Tinto , and subsequently received

3417-533: The repatriation of their remains. However, no meaningful action was taken when Rudd became PM, and he refused the requests of relatives of the slain journalists to visit their graves while in Indonesia. Rudd's term in office coincided with the final months of the Bush administration in the United States. After reports in domestic media that Rudd had joked with journalists that George W. Bush did not know what

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3484-526: The rights of employees which must be given to any new employee on commencement. Casual conversion ad casual employment information statement Casual employees must be provided with a statement similar to the fair work information statement, but for casuals on their entitlements including the right to convert to permanent employment. Casual employees are entitled to a limited number of NES entitlements relating to: In some states and territories long serving casuals are eligible for long service leave. Where there

3551-399: The scheme would be delayed until July 2011. In June 2010, the environment minister, Peter Garrett , revealed in an interview with Sky News that he first learned of the change in policy when he read it in a newspaper after being leaked by a government source. This followed damaging comments by Professor Tim Flannery , a strong supporter of Labor's scheme, that he felt "betrayed" by

3618-628: The speed of processing claims since the change of government. As a proportion of the immigration intake, Australia accepted fewer refugees in 2009 than it did at any time under the Howard government. The government had accepted more refugees from regional conflicts as the number of Africans fleeing to Australia declined. There had been a notable spike in Chin Burmese and Rohingya Burmese refugees being accepted from camps in Thailand and Bangladesh . Almost 1,400 Burmese refugees were accepted in

3685-679: The start of the Australian academic year. Ultimately, the government secured passage as a result of the changes and the new scholarship was provided in the first semester of this year. In 2013, the Labor government proposed a cut to the value of the Student Start-Up Scholarship, to turn it into a loan which would fund the Gonski Reforms. However, after losing the election and forming the opposition, Labor changed its position and opposed these cuts which became supported by

3752-521: The time, econometric research suggested that providers of carbon credits under the voluntary Australian Greenhouse Office trading scheme were capable of stabilising emissions, due to the demand from households for carbon-neutral products. On 3 December 2007, hours after being sworn in, Rudd signed the Kyoto Protocol . Rudd described this action as a "significant step forward in our country's efforts to fight climate change domestically – and with

3819-402: The trade in people smuggling from Indonesia to Australia, but the Labor Party said these were ineffective and inhumane. The issue of asylum seeker policy remained controversial through the term of the Rudd government. The number of asylum seeker boat arrivals increased throughout the period and the handling of the issue was identified by supporters of Julia Gillard's challenge to Kevin Rudd as

3886-635: The vessels approach Australian waters on the high seas. Chris Evans was appointed Minister for Immigration and Citizenship in the First Rudd ministry and retained this portfolio in the First Gillard Ministry . The newly elected Rudd government announced a series of measures aimed at achieving what it described as a more "compassionate policy". Howard's policy, called the Pacific Solution , had involved offshore processing,

3953-434: The year. Other measures to support employment – augmenting a first-home buyer's scheme  – were initiated. During the March quarter, the Australian economy grew by 0.4%, a number not foreseen by many until the positive balance of trade statistics released the day before. The main contributors to this result were the large fall in the current account deficit and increasing household consumption. Apart from

4020-496: Was a massive extension of the system of support, provided as an entitlement, based on parental income and administered by Centrelink . Criticism of the new system centred on claims that it would disadvantage regional students. One university in Queensland topped up its food bank, anticipating that the number of students regularly going without food would increase. In 2009, the Coalition and Senator Fielding had blocked changes to

4087-552: Was announced in February 2009, consisting of an infrastructure program worth $ 26 billion, $ 2.7 billion in small-business tax breaks, and $ 12.7 billion for cash bonuses, including $ 950 for every Australian taxpayer who earned less than $ 80,000 during the 2007–08 financial year. At the same time, the RBA cut official interest rates by a percentage point, lowering them to 3.25%, the lowest since 1964 (a 43-year low). The package

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4154-461: Was appointed to succeed in the Defence portfolio. One of the Rudd government's key proposals in the 2007 election campaign was the implementation of an "education revolution". This was to include the provision of computers for every school student in years 9–12 and the implementation of a national curriculum. In 2010, a new suite of scholarships was developed; the Student Start-Up Scholarship and

4221-543: Was designated $ 20 billion of federal funding. Education received $ 10 billion as part of Rudd's "education revolution", while health also received $ 10 billion. In the 2008–09 budget, the Rudd government cut $ 63.4 million over four years from the CSIRO , forcing the closure of two laboratories and the loss of 100 jobs. It also cut $ 20 million from the Australian Bureau of Statistics . In response to

4288-515: Was not adequately means tested and that many scholarships were not allocated as a result of being administered by the universities. However, the new system was stalled in the Senate as a result of opposition by the Liberal-National Opposition and Senator Fielding. This left an estimated 150,000 students waiting for the changes to pass parliament two weeks before the start of the academic year in March. The new scholarship system

4355-412: Was rejecting asylum-seeker applications at a higher rate than under the previous government, noting 41 of 42 applications had been rejected. Evans claimed a denial rate of 77 percent, based on his acknowledgment that of a caseload of 730 appeals, he has intervened in 170. In July 2008, the Australian government announced that it was ending its policy of automatic detention for asylum seekers who arrive in

4422-558: Was the executive Government of Australia formed by the Australian Labor Party (ALP) and led by Prime Minister Kevin Rudd . The Rudd government commenced on 3 December 2007, when Rudd was sworn in along with his ministry . This took place just nine days after the defeat of the Howard government , which was a Coalition of members of the Liberal and National parties, at the 2007 federal election . The Rudd government concluded on 24 June 2010 when Rudd, under pressure from an impending leadership caucus ballot , stepped down from

4489-426: Was welcomed by state governments and many economists, as well as the OECD . The Malcolm Turnbull -led coalition opposed the package, stating that they believed additional tax cuts to those which had been planned the next few years was a better way to prevent a recession. The package was passed in the Senate on the 13 February with support from minor parties and independents, following amendments that reduced

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