Adam Bandt (Melbourne, Australian Greens) Share this | Hansard source

I move:

That this bill be now read a second time.

Something is wrong with the laws in this country if some of our lowest paid and youngest workers can have their pay cut. The Greens have been saying for some time there is a problem with the legislation in this country if it allows young and low-paid workers to have their pay cut. That is why I am delighted to give effect to an election commitment of the Greens and rise to introduce the Australian Greens' bill, the Fair Work Amendment (Protecting Weekend Pay and Penalty Rates) Bill 2017, to protect the weekend, public holidays and nightshifts.

This bill, if passed by the parliament in this sitting fortnight, will prevent the unfair Far Work Commission decision from coming into effect. It will maintain the independence of the Fair Work Commission but put stronger rules in place so that when the Fair Work Commission makes its decision it is not allowed to take young people and vulnerable workers backwards. Many people, especially young workers, rely on penalty rates to earn a living wage. Before the last election the Greens were the only party that committed to legislating to protect weekend rates of pay. We did so because we know that weekend rates are an integral part of people's rights at work, with hundreds of thousands of Australians depending on weekend rates to make ends meet. Young people in particular depend on weekend rates to support themselves while they study. Young people are already facing unaffordable housing, insecure work, low levels of student assistance, and immense debt, so cutting weekend rates of pay, which are often the only thing that allow them to pay the rent and keep going while they study or do the other things that they need to do to get by, would place them under immense pressure. It is time that people have certainty about the future of their weekend rates. It is time to ensure that the law protects people's weekend rates, and that is what the Greens are doing today.

No doubt some people will ask why there are two bills on penalty rates being introduced into the House today. To understand that, we need to look at the situation before the last election. Before the last election it was clear that the employers' push to cut weekend rates had some chance of bearing fruit, because of the holes in the Fair Work Act that would have allowed the Fair Work Commission to cut penalty rates. We made it crystal clear at the time that there was a hole, that there was a prospect that young people and shiftworkers and people relying on other penalty rates could go backwards, and so we not only strongly opposed cuts to any penalty rates but also made it clear that we would introduce legislation that would prevent any Fair Work Commission decision to cut penalty rates from coming into effect, or to reverse it if we were not there in time. This was a call that unions and many young workers were also making on others.

Despite this, the Liberal and Labor parties went to the election on a unity ticket, saying that they would accept the decision of Fair Work Commission and not legislate, saying that to do so would be unsustainable, as it would open the door, apparently, for conservatives to cut workers' rights. But as we said at the time, that is silly logic, because on that logic we should not have legislation specifying four weeks of annual leave in case the Liberals at some stage later cut it down to three. It was wrong logic at the time, and the excuse for inaction never made sense. It got worse, because when we brought this position to the election, the Leader of the Opposition criticised us and said, 'You don't need to do that, because, yes, there is a theoretical prospect that the commission may cut penalty rates, but what if alien life makes contact with earth?' Maybe it is time to brush off some old copies of The War of the Worlds or E.T., because it has happened, as we predicted.

We went to the election calling out the tough talk from others for what it was: tough talk without action. Today is a reminder about why you need third voices in parliament, why you need third parties and Independents to hold the others to account, because often it will be the case that it is only those who do not have vested interests with big corporations that are prepared to stand up for young workers and vulnerable workers, and that is what we did. I am genuinely pleased that our efforts before the election, combined with very strong campaigning from community and from young workers, have seen the Labor Party change their tune. Because of the Greens in parliament, because of the strong campaign by the union movement and because of the strong public outcry, there has been a very welcome change of heart from the Labor Party, and the Greens are now no longer the only ones wanting to legislate to protect penalty rates.

Both the bill that I am introducing today and the bill that the Labor Party circulated as an exposure draft have merit and address different aspects of the Fair Work Commission decision in different ways. We have concern that there might be some holes in the opposition's bill, which we have raised with them. They have concerns about what they say is the scope of our bill. What would make most sense is if, as this parliament has done on issues like marriage equality, we were able to come together to find an agreed path through parliament. If we were able to come together to find an agreed path through parliament, there is every chance that before this sitting fortnight is out at least one house of this parliament could vote to protect people's take home pay and stop the decision of the Fair Work Commission from coming into effect. If we can get a bill through one of the houses of parliament over the next couple of weeks, that will place enormous pressure on this Prime Minister to act, because this Prime Minister knows that this parliament can stop the unfair decision of the Fair Work Commission from coming into effect.

The government might like to say the most important thing to do in this next sitting fortnight is to amend legislation so that it is easier to prosecute hate speech in this country. The government might say the most important thing to do over the next sitting fortnight is to pass a bill to give the big four banks $7 billion worth of tax cuts, because that is what the government is proposing—a $50 billion tax cut handout to the big corporations in this country, including the big banks, who, frankly, do not need it. The Greens say the most important thing that this parliament can do over the next couple of weeks is to stand up for young people's pay, to stand up for those workers who rely on penalty rates to make ends meet, and so this bill lays down a challenge not only for the government but also for those members of the Senate who sit as conservative crossbenchers. Now the test is on senators Hinch, Xenophon and Hanson. 'Whose side are you on?' is the test for them. They talk a big game in their home states about standing up for the little person, and then when they come to Canberra, they vote with the Liberals every time and they attack people's rights at work. We saw that they did that on previous industrial relations legislation. The question is now: will this parliament, and in particular will the Senate, over the next fortnight, stand up to protect people's rights at work? We know that the Greens will. We now know that Labor has had a change of heart and that they will, and we know some Independents and some crossbenchers will. But what will Senator Xenophon do? What will Senator Hinch do? What will Senator Hanson and her party do?

They have a chance now to stop this unfair decision from coming into effect. That is why we need to debate this bill and do so over the next sitting fortnight, because after that it may be too late.

Over the coming weeks the Fair Work Commission will consider what orders, if any, to put in place to give effect to its decision. So the clock is running and it is now a test as to whether the members of this parliament want to take this window of opportunity to pass this bill. I would like to see them pass the Greens' bill, because I think it is the simplest and easiest way to protect people's penalty rates. This bill will stop the commission from cutting penalty rates below where they were at the start of this year—a very simple solution.

I am sure Labor would like to see people support Labor's bill. No matter which bill you get behind, one of these two or a combined bill, support a bill: stand up and take a stand. This is the opportunity for everyone in this parliament to be counted. This is the chance to stand up for low paid and young workers. This parliament far too often acts in the interests of a very wealthy and very powerful few and ignores those who have trouble standing up for themselves. When we have the situation that young people who are working at night, or working on weekends or working on public holidays now might go backwards, it is incumbent upon us to stand up not in the interests of corporations but in the public interest. I commend the bill to the house.

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