Mary Doyle (Aston, Australian Labor Party) Share this | Hansard source

I rise to speak on the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. As my colleagues have said in support of this bill, it was Labor that introduced enterprise bargaining, outlawed sex discrimination in the workplace, passed the Fair Work Act and removed the WorkChoices program. Labor passed the secure jobs better pay legislation. Labor governments continue to enshrine safe and fair working conditions in industrial relations policy, and that's what this legislation will continue to build on.

The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 is primarily focused on delivering fairer and safer workplaces. It provides employers with clarity about the government's expectations. When it comes to business practice and relationships with workers and contractors, it may well be the most meaningful piece of industrial relations legislation in a generation. It is landmark legislation that encourages an ethical and moral workplace culture which has the people at its heart whilst also protecting the economic interests of the business. We are properly defining 'casual employment' so casual workers aren't being exploited. We are helping casual employees that want to become permanent employees, want to make that transition. This will give financial security and leave entitlements to those who work regular hours. There is also no net cost to the business. The business either pays the casual loading for casual workers or pays the leave entitlements to permanent employees. It is one or the other, not both.

The new definition of 'casual employment' will clarify what was always intended as casual employment—that is, if you are working regular and predictable hours and you want to be permanent, you'll have that pathway available to you. On that: when I was working on a call centre 30-odd years ago, every one of us telephone operators were casual employees. Some of the workers had been there for 15 to 20 years at the time. For some, the casual work suited them, but others of us would have preferred permanent jobs. There were young people there—like me—trying to save for their first home, for example, but they couldn't get a home loan due to the nature of this casual work, despite the fact that we'd been at this workplace for years with regular and predictable hours. At this time during the nineties, it was a bit difficult to get a permanent job elsewhere, because unemployment was at an all-time high. I remember it well because I tried to get a permanent job myself at the time but there wasn't much out there. So I stayed at this casual job because it was better than nothing at all, and I had to pay rent and bills. I would have loved to have had the choice to go permanent, though, and I wasn't the only one in that workplace.

These laws are going to strengthen the current workplace relations framework to provide certainty and fairness and level the playing field for both businesses and workers. This legislation improves the rights of gig economy workers. A lot of gig economy workers like flexible arrangements, and we're not going to them into employees. What we're doing is protecting them from exploitation by setting minimum standards for employee-like workers. We're cracking down on the labour hire loopholes that are used to undercut pay and conditions. That's right: just because someone is in the gig economy, it does not mean that they should receive less pay than they would if they were an employee.

This bill criminalises wage theft—and it is theft. It amends the Fair Work Act 2009 to introduce a criminal offence for unintentional underpayment of employees' wages and increases civil penalties for underpayment breaches. For years, the Liberals and Nationals have sat in this parliament and done absolutely nothing to stop vulnerable workers from being exploited. We on this side are making sure that workers aren't being ripped off, and this is so important right now. We are in the middle of a cost-of-living crisis and we need to protect people from exploitation. A large proportion of workers in my electorate of Aston work in healthcare services, light industry, chemical production, food manufacturing and retail. These industries, like many others, stand only to benefit from this legislation. Those opposite do not support this legislation. For years, the Liberals and Nationals have been in denial that wage theft even exists. When they finally introduced legislation as the previous government, they failed miserably as they voted against their own legislation in the Senate. They tore up their own drafts because they don't understand what workers want. They don't understand what it feels like when a single mum working casual shifts is told not to return to work the next day.

Those opposite do not understand what exploitation is, but we do. Some of us have even lived it. We know that the vast majority of employers in Australia do not want to do the wrong thing. We know that the majority of Australians are honest and value hard work. But there are some powerful businesses who knowingly exploit workers, and they should face the harshest penalties. that is what this legislation is about. It breaks my heart that even today we hear about airline workers getting sacked and their work outsourced during COVID and in the middle of a cost-of-living crisis. Those opposite know very well that it is their inaction over a decade that has allowed this exploitation to continue to fester in Australian workplaces, and we will not stand by any longer. This legislation will stop the rotten apples in the sector who are doing the wrong thing. Employers want an even playing field, and that's what these reforms will do because we know that a rotten apple quickly infects its neighbour.

This bill will also expand the functions of the Asbestos Safety and Eradication Agency to include matters relating to respirable crystalline silica and silica related diseases. This would allow the agency to play a central role in coordinating, monitoring and reporting on national efforts to eliminate asbestos and silica related diseases in Australia and to support those affected by these diseases.

Let's be very clear about the impact of this legislation on small businesses. We understand very well the pressures faced by small businesses, and they will not be punished for honest mistakes. There will be pathways to safe haven for small businesses who have tried to correct their mistakes by paying back their employees. In addition, this legislation will allow small franchisees to negotiate fairer and consistent agreements with franchisors. Even in my own electorate of Aston, a large number of franchisees would greatly benefit from this change, and I will continue to fight for the small businesses in my electorate.

We have always been very transparent and firm in our commitment to crack down on labour hire loopholes, to protect vulnerable workers. As the minister has outlined, there has been extensive consultation on the precise design of these measures, including with various business groups. But, most importantly, these measures were part of our election commitments. We went to the Australian people with these commitments at the election in May last year and received overwhelming support, and we are now delivering on our promises.

Labour hire has a legitimate use in providing surge and specialist workforces, and that will continue to be the case. We're concerned about a loophole where companies deliberately undercut the agreements they've already made with their workers. They've agreed on a fair rate of pay with their workers, they've negotiated an enterprise agreement and then they bring in another group of workers, undercutting that agreement by paying those labour hire workers less. That's a loophole. This is delivering on our commitment to same job, same pay. The way it will work is that employees, unions and hosts can apply to the commission for an order that labour hire employees be paid, as a minimum, the same wages in an enterprise agreement. Again, this is something we promised we would do, and we are now delivering.

Those in the union movement and my colleagues on this side of the House come from a proud tradition, stretching back hundreds of years, of building a fairer workplace, fighting for the eight-hour day, providing people with decent pay that can support them and their families, and ensuring safe, secure workplaces.

The Albanese Labor government and the minister for workplace relations understand the unfortunate but growing problem of domestic violence in Australia. Violence doesn't discriminate, and neither should the law. We are providing stronger protections against discrimination and providing workers with access to 10 days of family violence leave. This will actually save lives.

For transport industry and food delivery drivers, we must modernise our industrial laws to recognise the changing nature of work. People like to have delivery to their doors. I know I do. Uber Eats, particularly during COVID, has become a huge thing. I don't think there's anybody here—unless they live in an area where there isn't Uber Eats or something similar—who hasn't often used it. Those drivers are workers, and they should be paid properly. If they had a minimum standard, we could get more of them in Far North Queensland, in places like Yorkeys Knob, in Elmore in regional Victoria, or Winnaleah in north-eastern Tassie because it could be a job that guaranteed a minimum rate of pay. That is what we're talking about—a group of workers who rely on an app for their work. It's a new form of lining up and waiting to be picked: do you have work today? Those workers deserve minimum standards. That is the role of the parliament and what this bill does. It's modernising our laws to reflect the changing nature of work and saying to a predominantly migrant workforce—

Debate interrupted.

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