Meryl Swanson (Paterson, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister for Workplace Relations and Employment. How does the Albanese Labor government's 'closing the loopholes' bill help deliver the pay and conditions that working Australians are entitled to? Has there been any misinformation in response to this bill?

Mr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I want to thank the member for Paterson for the question—someone who, in particular, in her whole time here, has been calling on this parliament to close the labour hire loophole that effects so many of the miners in her electorate.

When we were announcing the closing loopholes legislation, a few months ago, an ad campaign started. I said right from the start that the ad campaign was incorrect and that the legislation was never going to do what the ads were claiming—that somehow you'd lose the capacity to pay someone who has a lot of experience a different rate to that for someone who was brand new. Now that the legislation is here, I'm pleased to tell the parliament that they've stopped that ad of misinformation. They've now replaced it with two ads with different forms of misinformation. I just want to explain one of those too. It's an ad authorised by the National Farmers Federation. I've been dealing with the National Farmers Federation for a long time, right back to when I was agriculture minister. As an organisation, they often provide very good advice on policy, but they've never been that good when it comes to the rights of workers, historically. They just haven't been.

Hon. Members:

Honourable members interjecting—

Mr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

No, it's about the National Farmers Federation. In the ad that they've launched, they've said—

Honourable members interjecting—

Milton Dick (Speaker) Share this | Link to this | Hansard source

Order! Members on my right, I can't hear what the minister is saying, because there is far too much noise in the chamber. I want to hear from the member for Wannon on a point of order.

Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

The NFF aren't here to defend themselves, and I think—

Milton Dick (Speaker) Share this | Link to this | Hansard source

Resume your seat.

Honourable members interjecting—

Order. Member for Wannon, you're asking for a withdrawal on behalf of an organisation outside the parliament. Is that the point of order?

Honourable members interjecting—

Resume your seat.

Mr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

To the point of order, I think the standing orders apply the same to employer organisations as they do to worker organisations—exactly the same.

Honourable members interjecting—

Milton Dick (Speaker) Share this | Link to this | Hansard source

Order! The minister will just pause a moment. The minister for the environment will cease interjecting. Member for Wannon, I just need you to state the point of order, not give a statement. The member for Wannon has the call.

Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

I said it would assist the House if the minister withdrew that.

Milton Dick (Speaker) Share this | Link to this | Hansard source

Resume your seat.

Honourable members interjecting—

Rob Mitchell (McEwen, Australian Labor Party) Share this | Link to this | Hansard source

Never get between a Liberal and money!

Milton Dick (Speaker) Share this | Link to this | Hansard source

The member for McEwen will leave the chamber under standing order 94(a). Before the member for McEwen leaves, I just want to see if he can withdraw the statement that he just said. I didn't hear what he said, but I'm going to ask him to come back and withdraw.

Rob Mitchell (McEwen, Australian Labor Party) Share this | Link to this | Hansard source

Let the grown-ups talk! I withdraw.

Honourable members interjecting—

Milton Dick (Speaker) Share this | Link to this | Hansard source

Order. The member for McEwen will leave the chamber. The member for Casey is on thin ice—very thin ice. I'm going to continue with the minister's answer.

Mr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

It might help if I explain what's in the ad. The ad claims that the labour hire loophole is going to affect farms and therefore is going to affect prices at supermarkets. That's the argument in the ad. I thought, 'Well, hang on; the labour hire loophole only applies if you have an enterprise agreement.' How many farms in Australia have an enterprise agreement where this loophole could possibly be used? Certainly there are some, but, to work it out as a percentage of the industry, I went to the regulatory impact statement that was prepared independently for the bill. I'll admit here that there are rounding errors, but, for the sector, where they say 'proportion of employees on enterprise agreements'—so there'll be a rounding error here; it's only to the nearest one-tenth of one per cent—the figure is 0.0 per cent.

So I thought, 'What could it be that they're opposed to in the bill, if they're not affected by the one that's in the ad?' It's not exactly gig economy work. So many of the casuals are itinerant; they'd never qualify for the casuals exemption. But there is one part the bill closes down that is a real problem in agriculture, and it is wage theft. That is the measure most relevant. Take cases of people like Kate, who was paid $4 an hour to pick oranges and who went dumpster diving to get food at the back of a Coles because she wasn't earning enough money.

David Littleproud (Maranoa, National Party, Shadow Minister for Agriculture) Share this | Link to this | Hansard source

You've opened up union thugs going to farms!

Milton Dick (Speaker) Share this | Link to this | Hansard source

The Leader of the Nationals will cease interjecting immediately.

Mr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Talk to the ombudsman who found the mango farm, where, out of 12 workers, four were paid nothing and the others were paid as little as $2.68 an hour. They are affected, but the ads are dishonest. (Time expired)

Michael McCormack (Riverina, National Party, Shadow Minister for International Development and the Pacific) Share this | Link to this | Hansard source

And they preach it three times a day, every day!

Milton Dick (Speaker) Share this | Link to this | Hansard source

The member for Riverina, I want you to be quiet. The Leader of the Opposition has the call.