Dai Le (Fowler, Independent) Share this | Hansard source

by leave—I move:

(1) Clause 2, page 5 (table item 32), omit "Part 25", substitute "Parts 25 and 25AA".

(2) Schedule 1, page 228 (after line 26), after Part 25, insert:

Part 25AA — Having regard to certain additional matters in performing functions

Fair Work Act 2009

659AA Section 577

Before "The FWC", insert "(1)".

659AB At the end of section 577

Add:

(2) In performing its functions under paragraph 576(2)(b), the FWC must have regard to:

(a) the need for guidelines and other materials to be available in multiple languages; and

(b) the need for community outreach in multiple languages.

659AC After subsection 682(1)

Insert:

(1A) In performing functions under paragraph (1)(a), the Fair Work Ombudsman must have regard to:

(a) the need for guidelines and other materials to be available in multiple languages; and

(b) the need for community outreach in multiple languages.

It's great that we're seeing a debate about the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 here in the House. As a first-term MP, it's great to see that the debate is robust and that it's done in a safe and respectful manner in the 47th Parliament—so far!

Let me be clear: I'm not opposed to wage increases for hardworking Australians. As a matter of fact, many in my electorate of Fowler who work in child care, teaching, nursing and low-paid jobs will benefit tremendously. They need this, as we're facing a cost-of-living crisis. However, any wage increase must be done fairly, equitably and in a way that does not have unintended consequences for lower-socioeconomic communities and for multicultural communities that are built on small, family-run business. In my Fowler electorate, there are currently over 18,000 trading small businesses, with the majority owned and managed by migrants and refugees. In fact, one in three small businesses are run by migrants and refugees, who are the most entrepreneurial of all small business owners and who are most likely to start their own business.

What plans are in place to communicate the IR changes and reforms to the non-English-speaking communities? My amendments seek to ensure that the Fair Work Commission takes into consideration the need to provide guidelines and community outreach programs in other languages, to support our culturally diverse communities in order to run their businesses. Are we going to have to face another situation like the Western Sydney COVID lockdowns, when no-one in Fowler was given access to information in the appropriate language until it was too late?

Let me remind the House again that my electorate of Fowler has one of the lowest median income rates in the country. The median wage of people in my electorate is 20 per cent less than the national average. When it comes to reforms like this one, we have often been ignored, neglected and forgotten. If we are to be a truly inclusive and diverse society, we need to ensure that reforms like this are meaningful to the 52 per cent of my electorate who are born overseas.

I cannot stand by while my diverse and multicultural community is ignored yet again. We must create a pathway that clears confusion and prevents language barriers from misleading people on any political reforms. I don't need to remind the people in this House that small business is the backbone of the Australian economy.

My community was built on the shoulders of migrants and refugees who came to this country seeking better opportunities for themselves and their families. We have more than 130 nationalities, with many of these people running some type of business—from a banh mi bakery to a pho noodle restaurant or a pearl milk tea store. They're hardworking small-business owners. However, as it currently stands, small business is defined as having 15 employees—including casuals—under the Fair Work Act. That means if my local Vietnamese pho restaurant employs 16 people, they could be forced to enter multi-employer bargaining situations when they lack the time, resources and funds to do so.

We should resolve this issue by amending the definition of a 'small business'. Instead of capping the total at 15 people, I would propose that any business that employs less than 20 full-time employees is a small business. But first and foremost, we must address the issue of interpretation, language translation and community outreach within diverse communities. It's true that Australia is one, and it is many. We are a country of many people, many languages and many backgrounds. Acknowledging this is critical to any further discussions on the bill.

I, like many of my crossbench colleagues, have raised that a bill this complex requires more consultation, more time and more collaboration. Once again, while I acknowledge the government wants to keep its election promise to deliver wage increases by the end of the year—there's about six weeks to go—then they should push the most agreeable part of the bill through first and give us the opportunity to consult with our local businesses in respect of the multi-employer bargaining section of the bill. I think that's only fair. We are, after all, a fair, democratic country. Thank you.

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