Debate resumed from 17 August, on motion by Mr Andrews:

That this bill be now read a second time.

upon which Mr Stephen Smith moved by way of amendment:

That all words after “That” be omitted with a view to substituting the following words: “whilst not declining to give the bill a second reading, the House notes that this bill:

(1)

follows on from the Government’s extreme industrial relations changes which are a massive attack on living standards and living conditions, by removing rights, entitlements and conditions of Australian employees;

(2)

also removes rights, entitlements, conditions and protections afforded to Australians in the workplace, whether employees or independent contractors;

(3)

does this by allowing employees to be treated as “independent contractors”, thereby removing employee protections and entitlements and placing superannuation, tax, and workers’ compensation burdens on them;

(4)

does this by removing protections from independent contractors who are in a dependent contract position and as a consequence in an unequal bargaining position;

(5)

effects this by:

(a)

continuing to use the common law definition of independent contractor as the basis of law without the guidance of statutory criteria;

(b)

allowing employees to be treated as independent contractors in a sham way by ineffective anti-sham provisions;

(c)

overriding State laws with employee deeming provisions;

(d)

overriding State unfair contracts provisions which provide protection to employees, contractors and small business;

(e)

overriding any future State and Territory owner-driver transport laws and putting existing State owner-driver transport laws at risk; and

(f)

failing to provide any genuine protections for outworkers through ineffective outworker provisions, significantly weakening outworker entitlements; and

(6)

introduces even more complexity and confusion into Australia’s workplace laws;

(7)

treats the Senate Employment and Workplace Relations Committee reporting on these matters with contempt by dealing with the legislation prior to consideration of its report”.

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