House debates

Wednesday, 24 May 2023

Bills

Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023; Second Reading

4:01 pm

Photo of Andrew LeighAndrew Leigh (Fenner, Australian Labor Party, Assistant Minister for Competition, Charities and Treasury) Share this | Hansard source

I thank all members for their contributions to the debate. In particular I acknowledge the contributions of the members for Bradfield, Chisholm, Sturt, Fowler and North Sydney. I also make mention of the Senate committee for their tabled report and recommendations from their inquiry. The committee recommended that the bill be passed.

This bill delivers on the government's commitment to protect migrant workers from exploitation. It provides stronger access to unpaid parental leave so families can share work and caring responsibilities. It implements the government's election commitment to insert a right to superannuation in the National Employment Standards. It clarifies the operation of the Fair Work Commission workplace determinations and enterprise agreements. It streamlines employee-authorised deductions, to reduce the administrative burden on employers and employees. It ensures casual employees working in the black coal mining industry are treated no less favourably than permanent employees for the purposes of accrual, reporting and payment of long service leave entitlements within the coalmining long service leave scheme.

I note that a number of issues were raised in the debate. The member for North Sydney discussed the issue of notice periods for unpaid parental leave. The government gave serious consideration to what appropriate notice periods should be in developing the bill. We heard submissions from stakeholders who wanted to lengthen notice periods and from others who wished to shorten them. The government considers that the existing notice requirements that are preserved by this measure strike the right balance between stability and certainty for employers and flexibility for employees. The member for North Sydney also noted some concerns about how the entitlement to superannuation and the National Employment Standards would interact with the functions of the Australian Taxation Office. The government carefully consulted a wide range of stakeholders when drafting these provisions. The government considers that these provisions strike the right balance between empowering workers to pursue their own unpaid superannuation and ensuring that they do not interfere with the Australian Taxation Office's important regulatory functions.

I note the important contribution of the member for Fowler about the rights of migrant workers. The government agrees that it is essential to put in place appropriate protections for migrant workers. This bill is an important step in ensuring worker protections apply to migrant workers. Further tranches of reform throughout 2023 and 2024 will further strengthen protections for migrant workers. I note the member for Sturt's contribution regarding amendments allowing variable deductions. The member for North Sydney expressed similar concerns. I can reassure both members that this measure is intended to allow employers and employees to flexibly agree arrangements that suit each and will have appropriate safeguards in place to protect employees.

This bill builds on the strong foundation of the reforms in Secure Jobs, Better Pay to help deliver a fairer and more equitable workplace relations system. Once again, the government thanks all members for their engagement on the important reforms in this bill.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.

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