Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I move an amendment to the motions as circulated in the chamber in my name:

At the end of the motion, add:

"and, in respect of the provisions of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, the Education and Employment Legislation Committee report by 1 February 2024".

What we are debating here today is fundamental to our democracy. It is also fundamental to the role of each and every one of us, we 76 people privileged in Australia to stand in the Australian Senate and have the ability to discharge our roles as senators. The Constitution places the Senate as the second chamber. We have extensive powers to review. We have extensive powers to approve or even to reject legislation as well as to judge and hold others—in particular, the government—to account. Now, part of the role that we have as senators—and, quite frankly, it's why we came to this place—is to be involved in the committee process. That is how we as senators get to interrogate the legislation that a government, whether it is a Labor government or a Liberal-National government, presents to the Australian Senate. We go through the committee process and we get an opportunity to interrogate.

You would think that Mr Albanese, the Prime Minister, who before the election told the Australian people that his government would be the most transparent government this nation had ever seen, would actually do the decent thing by the employers of this nation, in particular the small businesses who rely on us to do the right thing by them so they can keep their employees employed, in particular at a time when we have a cost-of-living crisis, and would not be rushing through this parliament almost 800 pages of the most complex legislation this nation has ever seen.

And what is worse: there is no reason for this to be done. Why do I say that? It is because the bulk of the legislation commences on 1 July next year. For the government—the government who stood there prior to the election and told the Australian people, 'Transparency: that's you'll get from us,' to actually today, shamefully, be saying not just to the Australian people—because, believe you me, this will impact the Australian people—but to the businesses out there, the people who employ employees. This government says it's the party of the workers, but they forget an employee needs an employer. If you don't have an employer, guess what. You're not an employee. And you are saying to the employers of this nation: 'We don't care. Cost? About $9 billion. We're happy for you to actually absorb that.'

Complexity—it is almost 800 pages. I ask anyone in the gallery: if you were given 800 pages of complex legislation that was going to affect your business, would you not ask the government to actually give this chamber the opportunity to properly scrutinise it on your behalf? Quite frankly, it's going to affect you, ultimately. If your kids are casuals, guess what. It's going to affect your kids. If your kids work for a labour-hire company, it's going to affect your kids. If your kids value being independent contractors because they like being their own bosses—they don't actually want to work for an employer, and that's why they chose to be independent contractors—well, guess what: it's also going to affect them.

Our fantastic small businesses in this country are currently saying to this government, 'Please.' I know the legislation will ultimately go through this place. I know that. The last lot of legislation did. But it doesn't start till 1 July. So please give an opportunity to this Senate, to the small businesses of this nation and to the employers who actually wake up every day and provide the employees with their jobs. If your kid doesn't have an employer, guess what: your kid doesn't have a job. That's what small businesses are saying: 'Yes, we're going to get more cost. Yes, we're going to get more complexity. Boy, are we confused. But can you at least give the Australian Senate the opportunity to ask questions on our behalf?' I would implore the Senate: please agree to the amendment and give us the time to properly understand and interrogate this legislation.