Lidia Thorpe (Victoria, Independent) Share this | Hansard source

Maybe the coalition need to speak to the workers! I rise to speak to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023. As I said when the first part of this package passed late last year, this bill is good news for workers in this country. It doesn't go far enough and a lot remains to be done, but it is a decent and much overdue start.

I wish to thank Minister Burke for his ongoing constructive engagement around this bill, and I'm happy to share that I will be moving two amendments later which I have successfully negotiated with the government. The first one is the inclusion of the new employee choice pathway to change to permanent employment in the workplace rights for employees. This means that, if casuals request conversion to full-time or part-time employment, all steps of this process are covered under the general protections provisions, which prohibit adverse action, coercion, undue influence or pressure and misrepresentations because of a workplace right of an employee.

The second amendment ensures timing for employers giving a casual employee the casual employment information statement, the CEIS, which outlines the right to convert to full-time or part-time employment. It aligns with employee eligibility in that the statement will not just be handed to the employee at the start of employment, and after 12 months, but also at the six-month mark, when casuals—besides those of small businesses—become eligible to convert. It also includes a provision to provide the CEIS every 12 months ongoingly to remind casual employees of their rights, as their work circumstances might have changed in that time frame.

There has been much panic from business, especially major business, about this new employee pathway, crying that it will basically eliminate the category of casual employment and would force even those that specifically benefit from the flexibility of casual working arrangements into other forms of employment. It is all nonsense. The whole pathway of conversion is completely voluntary and employee driven, and no-one will be forced into it. It is important to provide this pathway to permanent employment and the rights and benefits that come with it. All it does is this: a casual employee who believes that they are no longer a casual employee can give a written notification to their employer to request changing their employment status to full-time or part-time employment.

This bill also grants various powers to the Fair Work Commission, including making minimum standard orders, which are similar in many aspects to modern awards, setting minimum terms and conditions for the gig economy of digital labour platforms. This is to improve the job security and income of gig workers—some of the most undervalued and underpaid workers in our society. All too often, gig workers have low bargaining power to improve their working conditions, and they receive pay well below the minimum standards. While I'm sure many of you here like me are regularly using food or other delivery services, rideshares and care or home services through these platforms to entertain our privileged, convenient lives, I have heard the most outrageous statements of why regulation of these platforms is not needed. Some of you seriously argue that those working through these platforms chose to do so and are therefore clearly happy with the pay rates and working conditions they receive. I met with someone yesterday who worked over 100 hours and was paid only 80 bucks—100 hours for 80 bucks for your Uber Eats! Do you really think any of these workers would not rather be paid decently for their hard work and work in safe conditions, being afforded sick or carers leave when needed rather than pushing through as they can't forgo even the meagre pay?

When it comes to the care sector, government rates for care packages, which usually pay for the services booked through the digital platforms, are actually designed to cover employment related costs like superannuation, leave provisions and workers compensation. Most platforms, however, do not employ their workers but engage them as contractors, which means workers never see the benefits of these provisions. So, instead of our taxpayer money for these care packages covering decent worker entitlements, we finance the profits of the platforms. These are the people looking after your loved ones, and yet they face a complete disrespect for their hard work and their human rights.

Those of you voting down these provisions should not be able to access digital platform services again. Delete your apps. If you don't support the workers, delete your apps. To conclude: I will support this bill, as it is an important step to ensuring better workplace conditions for so many people. Much of the detail of what this will look like in the future remains to be seen, and I look forward to the agenda the Fair Work Commission will set up for determining minimum standards for digital platform work. I will keep watching this process closely and I will stand with workers always. Don't forget, those that oppose this bill: don't ever call Uber Eats; don't ever call an Uber; delete your apps right now.