Senate debates

Thursday, 7 December 2023

Bills

Fair Work Legislation Amendment (Closing Loopholes) Bill 2023; Second Reading

10:12 am

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Hansard source

The sausage factory has been in overdrive this morning. The old saying is that the making of laws is like the making of sausages and it's best not seen. I have seen many deals done in this place where governments have negotiated with crossbenchers or oppositions to ultimately get things done quickly. But I struggle to think of another circumstance where so much complexity has been undertaken in such a way, so lacking in transparency, as has occurred this morning and as is happening with the legislation before us. The sausage factory being run by the Labor Party is determined to take hundreds and hundreds of pages of proposed legislation and split it into two bills. At 9:28 this morning, as we started deliberation on these bills, I was finally handed the two bills. I didn't see them before we started this debate, and we're going to have to vote on them in less than two hours time. That's the way this is being treated. So we're voting on one of the bills, which runs for 133 pages, and the government is deferring until next year the contents of the other bill, which runs for 183 pages. Is anybody in this chamber going to have the time and capacity, before we have to vote, to properly read, properly absorb and properly understand exactly how the government has carved this up? No, they're not, because the sausage factory is operating, showing absolutely no respect to the processes of the Senate, no respect to those senators who were not part of whatever deal was struck and no regard to proper scrutiny, transparency or accountability—all of which the Labor Party had previously promised.

Time and time again this government is demonstrating that they have absolutely no interest in transparency, no interest in accountability and no interest in proper processes. When they get the numbers they will ruthlessly use them and ram through whatever it is they are doing. And that's what's happened here. One bill that was not scheduled to be voted on until next year after a Senate committee had concluded its work has, with absolutely no notice, been split into two bills this morning. And everybody is left scrambling to understand how the Labor Party sausage factory has determined which parts have gone into the bill we have to vote on today and which parts will be left to be determined next year.

Let's get clear some of the facts in this matter, because Labor likes to come in here and make a whole range of outrageous claims, particularly about where the coalition stands. The truth is we have, in the scrutiny of the large omnibus bill that's been before this Senate for some time, indicated for some time a willingness to pass provisions that we think are reasonable, that we recognise are appropriate and that should have consensus across the chamber. So we've passed provisions that relate to small business redundancy exemptions, we've passed provisions that relate to strengthening protections against discrimination, we've passed provisions that relate to asbestos safety and eradication and we've passed provisions that recognise the critical role of first responders and provide additional protections for them. So don't let anybody believe the lies that will be told from the other side and the claims that are being made to suggest that we don't support those elements. We do support those elements. We have voted for those elements. We have passed that legislation. We sent it to the House of Representatives weeks ago. We have sent multiple messages to the House of Representatives.

The Labor Party chose to hold up those provisions because they had other priorities. Their priority wasn't about asbestos safety, it wasn't about first responders, it wasn't about protections against discrimination and it wasn't about small business redundancy exemptions. No. Their priorities were, of course, about delivering for mates.

We are being asked to pass this bill under guillotine today. The government has forced this chamber to have to vote in just a couple of hours' time or less. Then it will be rushed over to the House of Reps, and no doubt they'll have even less time to debate it before the government ruthlessly uses its numbers to ram it through there. In the limited time I've had to have a look at this bill that is being rushed through today, I see that one of the things in here—in addition to the four elements that we have indicated we support—is part 7 of schedule 1, 'Workplace delegates' rights'. It's 'merry Christmas' to the trade union movement from the Labor Party. That's what this is all about.

They could have passed all of the other non-controversial elements quite happily weeks ago with bipartisan support. But, oh no. They held those elements hostage to greater rights for the trade union movement. That's what this is about—delivering a Christmas present to union delegates. And let's be clear, it is a Christmas present to union delegates, because what does the bill say underneath 'Part 7, Workplace delegates' rights'? It says, 'Amendments commencing day after Royal Assent'. So these increased rights for the trade union movement will take effect as soon as these bills have passed the parliament and got the rubber stamp from the Governor-General. They'll be in effect probably by next week, and union delegates will have additional powers across this country before Christmas.

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