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

I will give it one last go in relation to Senator Xenophon and amendments (6) to (12), and I refer him to amendment (12). What Labor have snuck into this legislation under the definition of ‘workplace law’ is: ‘(c) the Independent Contractors Act 2006’. As I have said before, they are deliberately blurring the distinction between independent contractors being covered by commercial law—something the ILO acknowledges, and common law has recognised for a long time—and workplace law. They are now deliberately saying the law that applies to independent contractors will be part of the workplace law regime. Be under no misapprehension what Labor are trying to do with this regime. That is why the independent contractors, and we who unashamedly are on the side of independent contractors, are saying they should be disentangled—because it breaks a tradition of, I think, over 100 years of law in relation to independent contractors and is something that is now being recognised worldwide. I make that point as strongly as I can.

I will not delay the chamber further in relation to amendments (6) to (12). But if you needed proof positive as to what the Labor government are trying to achieve by putting ‘independent contractors’ throughout, it is shown at the very end in their legislation, which we are trying to amend. They are saying workplace law includes the Independent Contractors Act. The Labor Party have made their intention as clear as they possibly can. It is very blatant and it is something that will be to the detriment of small business and independent contractors, who at the end of the day are the engine room of employment and aspiration in this country. We on this side make no apology that we seek to champion their cause, as opposed to Labor’s agenda, which is in fact to bring them under an employee type relationship and arrangement, as witnessed by the other clauses in the legislation.

Having said that, I still commend amendment (13) on its own to Senator Xenophon, if that is all we can get him to support, and also amendments (14) and (15).