Milton Dick (Oxley, Australian Labor Party) Share this | Hansard source

I rise to speak on the Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017. Looking at the speakers list on this bill, despite the minister and the government claiming this is a critical and important issue, the fact is that no government members—not one—have the courage of their convictions to speak on this bill today. No member of the government wants to front up to this parliament and explain to working people right across this country why they are enforcing some of the most regressive working laws that we have seen in this country.

In my opinion, this is part of an ongoing, systematic campaign run by an ideologically extreme government—not a government focused on delivering outcomes, not a government focused on the people we are charged to represent, but a government more focused on political outcomes, on making political amendments to working conditions for men and women of Australia. We know that the bill contains five schedules over 80 pages. So, there is an amount of technical detail in the bill. It will amend the Fair Work Act, the Fair Work (Registered Organisations) Act, the Fringe Benefits Tax Assessment Act, the Income Tax Assessment Act and the Taxation Administration Act. Disappointingly, as we've heard from speakers on this side of the chamber, the Nick Xenophon Team once again have sold out their principles and sold out workers, in one of Senator Xenophon's last acts before he runs away from this parliament. They've blocked our attempt to have proper legislative scrutiny of this bill. And I've got to ask the question: if there is demonstrated need for this piece of legislation, if there is evidence to be provided, why not have proper process? Why not have proper scrutiny of this legislation?

The minister has rushed this legislation through without any real explanation, imposing a deadline for reporting that does not allow a reasonable period of time for stakeholders to make submissions. That not only shows contempt for the process but also shows contempt for the organisations and representatives that this bill will have an impact on. In my opinion, this bill shows no understanding of what worker entitlement funds do. Worker entitlement funds are established in most cases jointly between unions, employer bodies and employers. They provide services such as training, counselling support and suicide prevention, which I will address in some detail in my speech to the parliament tonight. This bill also makes clear whether funds can invest in safety initiatives or continue to subsidise insurance for accidents, ambulance, portable sick leave and income protection. Even the royal commissioner, Dyson Heydon, said that training funds, for example, provide an important public good. When it comes to legislation, in my short time in this parliament I have come to the conclusion that the government cannot be trusted to introduce legislation without consultation. When that happens, bad legislation is enacted. But, more importantly, bad outcomes occur.

This bill gives the power to the minister to, at the stroke of her pen, deem a fund a workers' entitlement fund under the new legislation. This creates significant uncertainty in the sector. If this bill is passed in its current form it will mean that organisations and charities such as MATES in Construction will see their funding drastically cut. Members who are present in the chamber today need to understand the full consequences of this legislation passing. It will mean that organisations who do outstanding work—like MATES in Construction, which I am a proud supporter of—will see funding drastically cut. And tonight I want to acknowledge Jorgen Gullestrup, who's in the chamber tonight, who is the CEO of MATES in Construction.

I want to explain exactly how this will occur. In the first instance, it will impact the way redundancy trusts are able to donate to charities. Secondly, proposed section 329LD(2) states:

A payment is a training or welfare payment covered by this subsection if:

(a) the payment is made for the sole purpose of providing training or welfare services to either or both of the following:

(i) participants or former participants in any industry in which fund members participate;

(ii) spouses or dependants of such participants or former participants; and

(b) if the services are not provided by the operator of the fund:

(i) the services are provided at market value and on commercial terms …

This will negatively impact on an organisation that provides services free of charge and in a manner that cannot calculate the market value. The government think only in black and white. The government think any legislation they put forward and hang their hat on to go back to their communities, to the Liberal Party branch members or to the Liberal Party preselectors and say, 'This week I got tough on unions,' is somehow good for them, for their own political, personal careers.

But let me be very clear: this is not good for the organisations that do outstanding work in areas like suicide prevention, like MATES in Construction. Not only is it hard to measure the work that MATES in Construction does to prevent suicide but also, since proving a suicide was prevented is incredibly hard, the value of saving a life and of saving that person's family and community from pain and hardship is equally incalculable. From talking to people involved with the industry and people who have benefitted from this training, I know exactly what it means. The suicide rate for construction workers is 71 per cent higher than the rate for other employed men in Australia. Every year 191 construction workers take their own lives—tragically, one every second day. A construction worker is six times more likely to die by suicide than by an accident at work. Around 5,500 construction workers will attempt suicide each year. Of those, around 970 will be permanently disabled after a suicide attempt.

For example, the fund MATES in Construction is a multimodal program, establishing a local care program on construction sites where mates look out for mates. The program has trained more than 120,000 workers, and we know that there is a network of around 10,000 volunteer connection points on sites across Australia. The organisation also provides case management services, being the missing middle link between a worker in crisis and the right level of care. More importantly, the service provides a 24/7 helpline. I'm proud that MATES in Construction was established in my home state of Queensland. It was established in March 2008 in response to a report, commissioned and funded in part by the Building Employees Redundancy Trust, establishing suicide to be a significant problem in the industry.

Research has shown MATES in Construction to have a return on investment, particularly to the Commonwealth government, of $4.60 per dollar invested. Suicide rates in the Queensland construction industry fell by 7.9 per cent over the first five years of the program against an increasing trend amongst Queensland men generally. The risk ratio has decreased continually in Queensland since the introduction of the program, from an almost 100 per cent elevated risk to 'only' a 22 per cent elevated risk. A conservative estimate is that up to 30 lives have been saved so far. Being industry led has allowed MATES in Construction to further develop the mental health agenda for the industry. We know that MATES in Construction has broad industry support and has worked hard at getting a broad funding base. The funding from worker entitlement funds is important to the stability and sustainability of MATES in Construction.

I want to be very clear about the impact of the bill that this government, under Minister Michaelia Cash, is asking this parliament to approve. Putting it very clearly: if the government expects that we, as representatives of this parliament, are going to vote for a bill that will dramatically decrease the funding for MATES in Construction and make it harder for them to operate, they have another think coming. If they think we are going to put up with their continual attacks on the rights of people to be members of unions, they have another think coming. The cynic in me says that the government are in deep, deep trouble. For 21 Newspolls in a row, they have been slipping further and further behind. The government are bereft of ideas and a narrative.

In my time in the parliament, I've noticed a couple of things. First of all, there is no area of union bashing this government won't go. There is no area where this government, when it comes to people on low incomes and fixed incomes, won't try and dismantle safety nets. From speaking to residents involved in the construction sector, and people in hospitality or retail or people working in the service industry, I know what they have seen over the last 12 month—since I've been elected. They've seen a couple of things. They've seen a government not really interested in helping people get ahead. They've seen a government not really focused on wanting people to get ahead. They haven't seen policy development which would allow middle- and low-income earners to come forward and say, 'This is great news for our family. We are better off.'

Time and time again we stand up in this parliament—as I stand up in this parliament just about every day and every week—to ask the government to rethink its strategy around dealing with people on low and fixed incomes. I listened to my friend the member for Moreton, who has been an outstanding advocate in this space for almost 10 years in this parliament, and I want to publicly acknowledge that tonight for the first time. He is a true champion of people who need a hand and who have slipped through the cracks. I know that from witnessing his work during my time as a Brisbane city councillor, and from admiring the work he does as a champion for the south side of Brisbane. In particular, when it comes to people who rely on services from government, he speaks the truth, just as he did when speaking about the mobile offices, the street corners and the consultations that he does week in, week out. What I've learnt from following that fine example is that people expect this government, or any government, no matter its political persuasion, to make sure that, first of all, it is listening to them; and, second, it is shaping and creating a nation where, if you need assistance, that assistance is there for you. That's exactly what MATES in Construction does.

This may be a great headline for Minister Cash to do one of her sound bites, or perhaps to go on to a shock-jock radio program and talk about how he she's tough on unions. I get that. That's the government's narrative. They've run out of ideas and they've run out of puff. When in doubt, attack people on social welfare or people who choose to be members of trade unions. It has consequences. It has impacts. When laws like this are passed, it impacts on people. This law in particular will negatively impact on wonderful organisations like MATES in Construction.

I'll finish on this point. I want someone from the government, now, tonight, before this bill is passed, to get up on their feet and say that what I'm saying is incorrect. I want someone to get up and provide evidence and data and show cause that what I'm saying here in this chamber tonight is somehow inaccurate. If they do, I'll come back into this place and acknowledge that someone has done the time and done the work. If they don't, I'll continue to highlight the fact that, when it comes to workers' rights, workers' protection and workers' entitlements, this government cannot be trusted. For as long as I am the member for Oxley, I will come to this place to serve and make sure that working men and women in my community are looked after.

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