Christian Porter (Pearce, Liberal Party, Minister for Social Services) Share this | Hansard source

I thank members opposite for their contributions. I understand that, by agreement, I now have an opportunity to make a few closing remarks representing the minister on behalf of the government. The government is pleased to be delivering on its election commitment to protect vulnerable workers. While we recognise that the vast majority of employers in Australia do the right thing by their workers, the bill will more effectively deter those employers who do underpay workers and impose significant penalties for deliberate and systemic breaches and the underpayment of workers. There are too many cases of widespread exploitation of vulnerable workers in Australia. They have shown the extent of a problem within some businesses, and this cannot continue.

The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 includes higher penalties to deter would-be wrongdoers. Stronger powers for the Fair Work Ombudsman mean the workplace regulator will be more effective in uncovering and investigating exploitation, with powers similar to those held by corporate regulators such as ASIC and the ACCC. The bill also provides that a person who gives the Fair Work Ombudsman false or misleading information will be penalised. The bill includes new responsibilities for franchisors and holding companies with significant influence or control over companies in their network who knew or should reasonably have known of breaches of workplace laws in their network and failed to take reasonable steps to prevent them. These businesses will no longer be able to be complicit or turn a blind eye to exploitation of workers in their business networks with any impunity. It was clear from the events at 7-Eleven and elsewhere that the community expected the government to take action to strengthen workplace protections for vulnerable workers. We presented a comprehensive policy for the protection of workers to the Australian people prior to the 2016 election, and this bill implements our commitments to strengthen workplace laws.

I thank the Senate Education and Employment Legislation Committee for its inquiry into this bill and all those individuals and organisations who contributed by preparing written submissions and giving evidence at the public hearings. I recognise the committee's longstanding interest in protecting vulnerable workers in Australia. The government is pleased that the committee has recommended that the bill be passed. There are areas of the bill, such as the proposed new responsibilities for franchisors and holding companies, where a range of views were expressed about the proposed scope and application of the provisions.

The committee has recommended the government consider a clarifying amendment to ensure the provisions operate as intended. The government will consider this recommendation carefully. The committee also recommended that, as part of the Migrant Workers' Taskforce, the government consider whether any further reforms are necessary to address issues of exploitation and liability in the context of labour hire. I am pleased to inform the House that it is clearly stated in the terms of reference that the taskforce is examining labour hire practices for companies that employ migrant workers, with consideration of particular industries or groups of vulnerable workers where there are systemic problems with exploitation and underpayment. The taskforce will continue to consult broadly with key stakeholders to better understand the issues and develop solutions. The government will be considering the views of the taskforce carefully in determining whether changes in this particular form of work are needed to address the broader issue of worker exploitation.

The committee also wants to encourage the Fair Work Ombudsman to take an appropriately targeted and measured approach to oversighting the measures within the bill once passed. The government supports this recommendation and is confident the proposed statutory safeguards set appropriate parameters for the use of the ombudsman's powers. The government also notes the Fair Work Ombudsman will play a critical role in educating business and employees about the new requirements and helping them to comply or seek assistance.

The committee's report shows that the government got the balance right with its election policy. These changes represent a balanced and proportionate response to worker exploitation. It is the reason the Australian people supported our policy at the last election and the reason that these laws should now be passed. I commend the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 to the House.

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