Nick Xenophon (SA, Independent) Share this | Hansard source

I am grateful to Senator Abetz for that explanation; it is as I thought. Perhaps we could deal with amendments (6) to (12) initially. My training is as a suburban lawyer—I did not specialise in IR—but in my reading of the amendments I do not see the sinister connotations that the opposition does in respect of amendments (6) to (12). My reading of those is that they relate to rights of standing with respect to national system employees and national system employers, organisations and others such as independent contractors and industrial associations. You may have an association of independent contractors, for instance. As distinct from any commercial relationship that they have with another entity, independent contractors can be employers in their own right, and I do not see that as sinister in any way. More importantly, I cannot see how the various clauses in which the opposition seeks to delete reference to independent contractors in any way regulate terms and conditions of contractors. I do not think that by any interpretation they would do that.

The issue of amendment (13) is another matter altogether, and perhaps that is something that could be dealt with separately. Is Senator Abetz prepared to consider the comments made—that the bill itself does not regulate terms and conditions of contractors in respect of the clauses from which the opposition is seeking to delete the reference to independent contractors and that it cannot by any reasonable construction be seen to regulate the terms and conditions of contractors in respect of amendments (6) to (12)? The issue of amendment (13) is another matter, which I invite Senator Abetz to deal with separately. I would be grateful if Senator Abetz could indicate whether he is prepared to have amendments (6) to (12) dealt with separately. I would also be grateful if Senator Abetz could enlighten me: I cannot see how this in any reasonable construction would regulate the terms and conditions of contractors or affect their rights by virtue of the clauses in which the opposition is seeking to delete the term ‘independent contractors’.