Senate debates

Wednesday, 7 February 2024

Bills

Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023; Second Reading

9:44 pm

Photo of Jana StewartJana Stewart (Victoria, Australian Labor Party) Share this | Hansard source

We always knew that those opposite were the party of low wages, so I'm entirely unsurprised that they are disappointed about the 25 per cent pay increase that unions have secured for their workers in WA. It's excellent work by the CFMMEU. Workers should absolutely be getting a pay rise. I'm entirely unsurprised that that rhetoric has come from the party of low wages. What I'm gobsmacked about is that they're blocking legislation that will save lives. Shame on you! There's no evidence, apparently. Well, the mighty Transport Workers Union are in town. If those opposite have the guts to sit down with the Transport Workers Union and hear directly from businesses and workers alike, you will hear all the evidence that you need to support this bill. The rubbish that has come from the other side is exactly that—nothing but rubbish. This legislation has support from workers and businesses, big and small. All you have to do is sit with the workers and businesses that have been at parliament over the last couple of days, and you will hear exactly that. I had the privilege of sitting in a room today and hearing from workers, and I will get to that in a second.

I just want to say that this bill is a real chance to make a difference in some of Australia's deadliest workplaces. Safety, security and fair pay are crucial to every worker, no matter what job you do, no matter what industry you are employed in. This is something Labor has always believed. And how could you not? It is something that we will always fight for, and I am proud to be on this side of the chamber fighting for it. We will always fight for the hardworking people of Australia. We're proud of our roots in the union movement and we're proud to bring this bill before the chamber today.

This bill, as it says in its name, is about closing the loopholes that undercut pay and conditions for workers. It is absolutely amazing that those opposite aren't supporting that—then again, maybe I shouldn't be surprised. It will implement the necessary steps to protect and strengthen hard-fought industrial rights and protections. This bill comes out of decades of research and advocacy from the TWU, including two national truck convoys in all capital cities across Australia last year. It was so powerful to see the convoy of passionate and committed transport workers and industry organisations embark from Docklands in Melbourne and travel across the West Gate Bridge, their trucks plastered in orange 'Transport reform now' signs from the TWU members, joined by hundreds of trucks nationwide, uniting behind the opportunity that is currently before this the chamber.

There's no denying that transport is the most crucial industry for Australia. We know that, without transport workers, Australia stops. We saw that so plainly through the pandemic. Despite how critical these workers are to every Australian, our current laws simply do not do transport workers justice. We know that there is a direct link between road transport standards and the risk of accidents and serious road related injuries. Senator Reynolds should maybe do a little bit of homework. The absence of minimum standards means employee drivers often feel pressured to speed to meet unrealistic tight deadlines, drive past legal hours and skip mandated rest breaks. As a result, transport remains the deadliest industry in Australia. Last year 231 Australians, including 54 truck drivers, were killed in truck crashes, leaving behind devastated families and communities—incredibly heartbreaking. And already, in the first two weeks of 2024, five Australians had been killed in truck related fatalities. It's a race to the bottom, and it's costing lives. We've got to do better. This is an opportunity to do just that.

This bill seeks to allow the Fair Work Commission to set minimum standards to ensure the road transport industry is safe, sustainable, and viable. These minimum standards can be made by a Fair Work Commission expert panel for the road transport industry, informed by advice from a road transport advisory group and its subcommittees, once established. I've heard from countless truckies that this legislative reform is vital for the protection of decent jobs and decent employers. It is brilliant to see the road transport industry uniting behind transport reform and the need to improve safety and security across the industry because, when that happens, everybody wins. The Albanese Labor government is serious about improving the conditions of transport workers. We must act on a decade-long fight for safe rates for road transport drivers, because every worker deserves to go home safe, especially those who are on our roads every day, delivering the essential goods that our nation needs.

In recent years, digital ride share and food delivery platforms like Uber, also known as the gig economy, have became commonplace across Australia. But the cost of flexibility and convenience is too high when it comes at the expense of gig workers' basic rights and protections. By employing drivers and food delivery riders as independent contractors and not as employees, big gig platforms can subject these workers to low pay, job insecurity, and unsafe and unsustainable standards. This bill will put an end to this by extending the powers of the Fair Work Commission to set and enforce minimum for employee-like workers. When setting minimum standards, the commission will be required to consult with key stakeholders and consider a range of factors, such as the type of work, the preferences of gig workers and the impacts of standards on consumers or business viability. Further to this, the bill will ensure that gig workers have the same industrial rights as any other worker in Australia, including the right to make collective agreements with digital Labor platforms and dispute unfair deactivation.

I want to acknowledge the many brave gig workers and their families who have courageously shared their experiences in their pursuit of lifting standards across the entire transport industry. I know how traumatic it can be to share your trauma over and over again, and they've done that to get help progress, and get support for, this bill in this parliament. In my home state of Victoria, Mughda was a Foodara delivery rider before the gig company left Australia, owing millions in backpay to their workers. On her first shift, Mughda was hit by a car and left unconscious on the road. She suffered injuries to most of her body and lower back, and continues to experience chronic pain today. But, cruelly, Foodara denied Mughda workers compensation because current laws fail to consider her an employee of the gig platform. As a result, she has been forced to stop both work and study. I heard today about the long-term impact that has had on both her physical and mental health as well as the aspirations that she had for where she wanted to be in her life now. Stories like Mughda's are far too common. Every year an average of 150 delivery riders are seriously injured in the unregulated gig economy.

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