Chris Hayes (Werriwa, Australian Labor Party) Share this | Hansard source

Despite the multitudes of Australians that gathered only last week to protest against this government’s extreme industrial relations laws and its relentless push to expand these laws and integrate them into every aspect of their working life, this government wants to persist in winding back conditions. There is no doubt that there is a place in the economy for independent contractors. That is something I made pretty clear when I made a contribution in this place when the Independent Contractors Bill 2006 was first before us. I acknowledge there is certainly a growth in independent contractors. It is a fact of life and something that needs to be taken into account. But in taking it into account we must ensure that the terms and conditions are fair and appropriate in respect of contracting needs.

I know that members on that side of the House perpetuate the myth that everyone can negotiate on their own behalf, everyone is entitled to be their own boss and everyone can take it upon themselves to negotiate their terms and conditions of employment. I would like to put a question to those on the other side of the House who have sons or daughters around the age of 18 or 19 who are entering the workforce, who are applying for jobs and who are being asked whether or not they have an Australian Business Number. I happen to have a couple of sons who are tradesmen, so I have been through a bit of this. I ask members to look at the Sydney Morning Herald on the weekend and look at the advertisements for an occupation such as painter. A painter is a person who performs quite a valuable task, but a manual task. Find a position in the Sydney Morning Herald for a painter that does not require an ABN. There simply are not any. People that apply for painting positions, particularly in the construction industry and other industries at the moment, will be put on as independent contractors. So before they get a job, that 18- or 19-year-old kid who wants to get a job needs to go and get an ABN. That is the way the system is working, and that is what this government is trying to perpetuate.

If members opposite really think that what they are putting forward at the moment is going to help avoid the pitfalls of independent contracting, they should take a second look at the legislation they are bringing before us. The amendments that have been made in the Senate are minor. They do not make this legislation any better at all. The only way this legislation could be made better would be to rip it up and start again and have due regard for the plight of genuine independent contractors.

Having said that, an important thing about this legislation is that it has made an exemption for owner-drivers in New South Wales and Victoria. That is a good thing. In my original contribution to the debate, I acknowledged that and I went to the point of how that occurred. That only occurred because of the uproar from the Transport Workers Union. They did a sterling job for their members, for owner-drivers, in the states of New South Wales and Victoria.

I note that, at the moment, the governments in Western Australia and in the ACT are contemplating similar provisions for owner-drivers in those jurisdictions. As a consequence, I would be looking for a guarantee from this government to ensure that owner-drivers in Western Australia or the ACT, should that legislation be passed, have the same exemptions that are provided to the owner-drivers of New South Wales and Victoria. That would be fair. That would have complete regard to the position of owner-drivers. These people are doing it pretty tough at the moment and they need all the assistance they can get. The protections that are afforded to owner-drivers in New South Wales and Victoria should be extended to those in the other states to ensure that they similarly can benefit from the exemption flowing from this legislation.

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