Eric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

I start by recommending to Senator Fielding the submission of the Independent Contractors of Australia dated 9 January 2009 to the Senate Standing Committee on Education, Employment and Workplace Relations inquiry into the Fair Work Bill 2008. At the very end of their submission they have placed a number of suggested amendments—and we confess we engaged in a degree of plagiarism in relation to these amendments. So we are confident that the independent contractors actually want these amendments. Whilst I heard Senator Ludwig say that he is really out there to protect the independent contractors, when faced with a choice between accepting the word of a government that unfortunately has shown a predisposition to support increased union power in a number of areas and listening to the independent contractors as to what is best for them—guess what?—I am going to side with the independent contractors.

In their submission, the independent contractors say:

The reference to independent contractors is inappropriate because it suggests that independent contractors are within the scope of the legislation.

Further on they say that a definition is needed:

… to reflect the fact that independent contractors can operate through partnerships, trust or company structures.

The submission is very detailed and we believe that independent contractors should be subjected to commercial legislation. Even the ILO agrees. I honestly thought it would be a no-brainer, given the most recent determinations out of the ILO in 2003 and followed up in 2006, that the government would be supportive of this, especially given that, chances are, the independent contractors are a more representative voice as to the needs and aspirations of small businesses involved in contracting than the government is.