Senate debates

Monday, 24 August 2020

Bills

Fair Work Amendment (COVID-19) Bill 2020; Second Reading

10:20 am

Photo of Mehreen FaruqiMehreen Faruqi (NSW, Australian Greens) Share this | | Hansard source

I rise to speak to the Australian Greens Fair Work Amendment (COVID-19) Bill 2020 that I introduced in the Senate during the last sitting. This bill will protect all workers during the crisis of the COVID-19 pandemic. We are living through unprecedented times—I don't know how many people have said that or how many times, but it is true: COVID-19 is drastically changing our way of life. This is a global health crisis with no-one left untouched by its impacts. This is a difficult time for all of us, there's no doubt. This is a strange time. This is not a normal time. This is a crisis that touches every aspect of our lives: our wellbeing, our economy, our society and our day-to-day lives.

That's why what we do, how we make sure that we do everything possible so we can keep our parliament going, is absolutely important. People out there, Australians, are relying on their leaders to make sure that no-one is left behind. As our country responded to public health in this evolving situation, the unemployment rate hit 7.5 per cent in July—and that particular survey was completed before the stage 4 lockdown in Victoria. In its mini budget update, the government predicted the rate could hit nine per cent by the end of the year. What is clear is that too many people are being left behind during this crisis, and, whilst JobKeeper provides some support, many people in precarious work, casual employment or on a temporary working visa have been denied access to JobKeeper, and many do not have paid leave to rely on. This makes them some of the most vulnerable workers in Australia. We are on a cliff, and we need the government to make sure that no-one falls off.

This virus is going to be with us for a while. There is much uncertainty around when we will be able to relax restrictions or end shutdowns and reopen businesses. Amongst all this, we must make sure that we act to protect workers. This is our responsibility as elected members, and this is exactly what this bill that is in front of us will do. This bill will provide 14 days of paid COVID-19 leave to all workers, including permanent, part-time, casual and gig economy workers. This leave will be available in full for each 12-month period from the start of their employment, and the leave will not accrue year to year. Paid COVID-19 leave will be available for workers in any of the following scenarios: the employee has been diagnosed with COVID-19; the employee is unable to attend work because the employee's workplace has been shut down because of COVID-19; the employee is subject to self-isolation or quarantine measures in accordance with Commonwealth, state or territory policy relating to COVID-19; or the employee is caring for another person who has been diagnosed with COVID-19 or is subject to self-isolation or quarantine measures in accordance with Commonwealth, state or territory policy relating to COVID-19. Paid COVID-19 leave is extended to gig economy workers and contractors via a COVID-19 leave order. Workers, unions and corporations can apply for a COVID-19 leave order. In circumstances where the Fair Work Commission is issuing a COVID-19 leave order, the Fair Work Commission must make a determination within two days of the application being made, and the Fair Work Commission must make the order unless there are compelling reasons not to do so. For employees other than casual workers, payment will be made at the best rate of pay for the employee's ordinary hours of work in the period. For other workers, such as casuals and those in the gig economy, payment will be calculated at the daily rate of pay equal to the average of the daily rates of pay paid to the employee over the previous 12-month period.

In addition to the above, I will be moving an amendment to this bill so that paid COVID-19 leave is funded by the government by amending the Coronavirus Economic Response Package (Payments and Benefits) Act 2020. Employees would be able to receive payments from the federal government for COVID-19 leave payments to their employees.

And it's not just us saying this. The ACTU and Business Council, on 3 August, urged the government to implement a national paid pandemic leave scheme funded by the federal government and, where necessary, state governments. Their letter to the Attorney-General states:

Regrettably, recent events in Victoria have demonstrated that there are insufficient measures in place to enable workers who should not be attending their workplaces to stay home.

They go on to say, 'Paid pandemic leave is now an essential public health measure.' With unions, businesses and public health experts all backing paid pandemic leave, it's time for the government to show that they are ready to treat workers' health and public health with the utmost seriousness that it deserves and vote for this bill.

This bill is a vital piece of legislation that will protect workers, and it will protect our community. Every worker should be able to self-isolate when required without losing their income or their job. But, right now, over 3.3 million Australians cannot access paid sick leave. This bill is about fairness. The public health crisis has only further highlighted the precarious nature of casual employment and the plight of those who work in casual employment and the gig economy. They work largely without benefits such as paid leave, sick leave and other entitlements that are simply fundamental, basic, to work rights. People should not be forced to choose between caring for their health and coming to work.

Recent events in Victoria have shown the public health and economic crisis posed by precarity. Over 1,100 Victorian aged-care workers have contracted coronavirus. One in four Melbourne nursing homes have had a coronavirus outbreak. Outbreaks in aged-care homes have resulted in complete staff shutdowns at aged-care facilities in Victoria, resulting in the national cabinet last week announcing an aged-care preparedness plan with incentives for interstate workers to travel interstate to work in facilities experiencing staff shortages. It is telling that aged-care workers were the first to be given paid pandemic leave during the second lockdown in Victoria. This highlights their exposure to the virus and the need to protect workers across Australia, no matter which sector they work in.

The Victorian and federal governments' responses in guaranteeing paid pandemic leave to workers in Victoria during the lockdown was an admission that granting workers access to this type of leave is vital to tackle the crisis. The federal government now needs to commit to giving all workers—permanent, part time, casual or in the gig economy—timely access to this essential support to avoid more outbreaks in the future and to take care of the people who live here.

The government will say that the purpose of this bill has been fulfilled by their pandemic leave disaster payment. This is not enough. This payment is only available to states and territories who have declared a state of disaster. Every worker, no matter where they live and work, should have access to paid pandemic leave. This will protect their health and their income. The government needs to support Australia's most vulnerable workers and provide a safety net to ensure that everyone has access to at least 14 days of paid pandemic leave, regardless of whether a state of disaster has been declared. We should be acting to prevent disasters now before we see a repeat of the terrible events in Melbourne. The idea that we would wait until a disaster to support workers in crisis is really perverse. Workers are needing to self-isolate during testing and while they're infected, now. The virus doesn't care whether a government has declared a state of disaster or not.

In these difficult times—or really ever—it simply isn't fair that so many Australians are missing out on vital paid leave, left to fend for themselves in this once-in-a-century crisis. We must pass this bill today and look after all workers. This government must step in and support workers and their rights to fair conditions. When wages have been stagnant and the cost of living is rising—literally, going through the roof—it is absurd that this government denies support to workers who are facing weeks, if not months, of under- or unemployment brought on by a global pandemic that few could have predicted.

This bill not only protects workers; it also protects the wellbeing of our community and our economy and advances public health. It's simple: when a worker has no access to paid leave, they are more likely to continue to work when they are unwell or experiencing symptoms of the virus. We must not push workers to the brink, many of whom have been and will continue to be on the front line and in some of the most precarious working conditions. Deputy Chief Medical Officer Paul Kelly agreed with this logic back in May, stating:

… there are a number of workplaces around Australia where there are disincentives for people to stay at home when they are sick.

That can be financial or it can be a workplace culture. I just want to make this very clear: people coming to work when they are sick puts others at risk.

We need to ensure that we're not forcing workers into a situation where, by self-isolating, they cannot afford to keep a roof over their head and food on the table. The widespread downturn and shutdown of Australian businesses has caused millions of casual and gig economy workers to be pushed towards the poverty line. We must not stand by and let this continue to happen. The Prime Minister is abandoning casual workers, gig economy workers, university workers and childcare workers. This bill is the government's chance to redeem themselves somewhat—to stand up for working Australians and to protect some of the most vulnerable during this very difficult time. We must emerge from these exceptionally hard times as a society which has shown, without doubt, that we care for each other, that we care for fairness, that we care for equality. The government must lead, support and reassure workers and their employers. Too many have been left behind, and these pressures felt by people with reduced or no access to leave to go to work when the public health advice is to stay home will only continue. We need the government to step in and guarantee 14 days of paid COVID-19 leave to every worker, regardless of their visa status or whether they are a member of the permanent part-time, casual or gig economy workforce.

This bill will save lives. I call upon the government, upon Labor and upon crossbenchers to urgently make this bill law, for the sake of workers and for the sake of our communities. I commend the bill to the Senate.

10:33 am

Photo of James McGrathJames McGrath (Queensland, Liberal National Party) Share this | | Hansard source

The government does not support this one-size-fits-all bill amending the Fair Work Act. As proposed, it won't be effective, it won't be scalable and it won't be quick, and so the government will be opposing the Greens' bill, the Fair Work Amendment (COVID-19) Bill 2020.

I would like to start off my contribution to this debate by talking a bit about how businesses and how Queenslanders have been working and coping with COVID-19 over these past few months. One of the things that I've found as I've travelled around Queensland—and I've been everywhere from out to Eromanga in the south-west corner, up to Windorah, and up to the Far North quite a few times—driving around my home state, is that when I speak to and listen to Queenslanders, they are very much relieved that Scott Morrison is the Prime Minister and that the national cabinet, under his leadership, has worked together and has worked to save lives and protect livelihoods. In particular, businesses, and those who work in the businesses, are so appreciative of what the government has done through the JobKeeper program. The positive impact that JobKeeper has had on protecting businesses and saving livelihoods in Queensland should not be underestimated. It is making sure that, when we get through coronavirus and when there is a vaccine and when Australia is safe, there will be businesses standing up and there will be millions of people working in those businesses. I don't know who can take credit for the JobKeeper program. I don't know whether Mr Morrison or Mr Frydenberg can take credit for it or whether it was a collective effort of the Expenditure Review Committee of cabinet, but I'm grateful for what it has done to protect the economy of Australia and I know many businesses and employees in Queensland are grateful for it.

Of course, we mustn't forget that the money that is being used to fund these programs is money that is being spent on behalf of the taxpayers of Australia. It is money that has been earned by those working, whether as pay-as-you-go taxpayers or those working in businesses. Their blood, sweat and tears goes towards these taxes, and any government, whether at a territory, state or Commonwealth level, needs to make sure that the money we expend on behalf of the taxpayers of Australia is spent appropriately and soberly. We should not forget that the money that is being spent at the moment to save the Australian economy is not money that is sitting in a vault of the Reserve Bank. It's not sitting hidden in the Treasurer's office. It is money that we are borrowing. It is money that we are borrowing to ensure that we have a today, but it is money that will have to be repaid by the taxpayers of tomorrow, of next year and of decades time. That's why, to someone who sits on the Right of politics, it is sometimes concerning when you really listen to what the Left say. They're very, very good at spending other people's money. They're very, very good at wanting to spend money—

Hon. Senators:

Honourable senators interjecting

Photo of James McGrathJames McGrath (Queensland, Liberal National Party) Share this | | Hansard source

without recourse to what the achievement of those taxpayers has been in working to save that money—and I will take those interjections. This government has made sure that the money that we have spent—and it is an eye-watering amount—is money that has been spent to ensure that there will be businesses and employees standing up once we get through this pandemic. However, I do fear that those on the Left might sometimes think that this is a perfect opportunity in which to just spend and spend and spend and borrow and borrow and borrow. The line sometimes does have to be drawn because we do have to stand up for the taxpayers of Australia. We do have to stand up for those who are going to come after us and who will have to pay off this quite large debt. We've got to look at what has been the strategic objective of the Prime Minister and the national cabinet since the coronavirus pandemic began. It is all about saving lives and protecting livelihoods and ensuring that, when we deal with coronavirus, we suppress it as much as possible, so we can ensure that the economy keeps going until a vaccine is found and Australians are vaccinated against the coronavirus.

We're all aware that this pandemic is taking a heavy toll on Australia, on individuals, on families and on communities. We are all aware of the impact, especially in my home state of Queensland, where we have a Labor government that has not just one eye on the upcoming state election in 68 days time, but two eyes on it. Everything that our Premier does is in the context of how she's positioning herself for this upcoming state election, and that is disappointing, especially how she is using the politics of border wars to divide people.

We have a situation in Queensland where those who live in border communities are facing immense stress. I speak as someone who lives broadly in a border community. I live on the Southern Downs. We have seen situations in Queensland where a mum has given birth in northern New South Wales but has been unable to visit her newborn baby who had to be transported to hospital in Queensland. We've seen a situation in Queensland where children were unable to go and see their dying father. My mum texted me over the weekend that one of her friends was unable to go to her own brother's funeral. This is the situation we're facing in Queensland, where we have a government who are quite happy to use coronavirus as an alibi to cover up their failed record on the economy and their failed record in Queensland. We have a state government who had, before coronavirus came along, the highest levels of business bankruptcies and the lowest levels of business confidence. The only thing that has been saving Queensland has been the actions taken by this federal government in relation to the JobKeeper payments and the other payments that have been put out by the government and also through the JobSeeker supplement.

It is somewhat ironic that there are parts of Queensland calling out for workers to come and work on farms, to go and pick the fruit. It is something that I've picked up in my travels around Queensland—that there are jobs going in Queensland, but they are in regional Queensland. I would encourage people to move to regional Queensland. I live there. My office is in a different region. I love all of Queensland. But, for some reason, sometimes people don't want to shift. I'd say to them: There is work there. Go west. Go north. It may not be work that you like, but it is work.

We are supporting people through JobKeeper and JobSeeker, and the government's pandemic leave disaster payment is another such support measure. We have put it in place to support those who don't have paid leave entitlements remaining yet have been directed to isolate for 14 days when they otherwise would have been working. We've put this program in place quickly. It was announced on 3 August. Services Australia started accepting claims on 5 August, and payments started flowing a day later, on 6 August. Already almost 7,000 claims from residents and nonresidents have been received and over $8 million has been paid to those in need. We are doing everything we possibly can to support those who have been told to self-isolate or quarantine. Workers with no paid leave entitlements, such as casuals and contractors, may for financial reasons decide to continue working.

What we have also done is allow people to access their super early. What has been interesting have been the howls of outrage from those on the Left that it is outrageous that this Liberal-National government has allowed workers to access super early. And there have been howls of outrage from Paul Keating, that failed Prime Minister of this country, that Prime Minister who deliberately pushed this country into recession, that Prime Minister who tells the workers of Australia: 'You can't access your own money. I, Paul Keating, know better than you.' This is the arrogance of the Left when it comes to dealing with other people's money. The super contributions that have been put into these super accounts belong to the workers. If people wish to access that, to assist themselves throughout this pandemic, throughout this crisis that is facing Australia, I say they should be allowed to do that. They should be allowed to access their own money to help themselves through this crisis. But oh no—those on the Left don't want that to happen. Those on the Left want the funds to stay in these huge super funds.

Here is a fun fact: my understanding is that about $30 billion has been withdrawn from super funds over the last few months, capped out at $10,000 per financial year. That's about the same amount as administration fees that are charged by these super funds! We've got these multibillion-dollar super funds in a trillion-dollar industry. They are in the pockets of big unions, in the pockets of Labor and big business, but it's Labor and the unions who do not want the workers to have access to their own funds.

The government is doing everything possible, supporting those who wish to employ people and those who wish to continue employing people and supporting through the JobSeeker supplement those who have found themselves, sadly, without work. But this bill and the amendment as proposed by the Greens will not assist the situation, will not help people as the Greens do think. So the government will not be supporting the amendments.

It is welcome to see that employers' ability to bear additional costs during an unprecedented pandemic is acknowledged by the amendment, so they get a tick for that. However, the amendment as proposed by the Greens creates a new obligation on employers and employees. The additional burden of administering payments and seeking reimbursement is not what businesses and individuals need at the moment, particularly those in Victoria but also any around the country that are struggling. It will exacerbate cash flow issues for many businesses.

This is what it comes down to: on this side of the chamber and in my own party in Queensland we have so many people who come from the business world or who speak to the business world on such a regular basis that we understand the issues that are facing businesses in Australia. As importantly, we understand the issues that are facing workers in Australia and we understand what we need to do to make sure that Australia gets through this pandemic. That's why the government's priority since day one has been about saving lives. It's been about protecting livelihoods. It's been about embarking on a strategy of suppressing coronavirus so that our hospitals can cope with any clusters that may erupt. It is all about making sure that Australia is fighting fit for when we get through this, whether it's at the end of this year or into the New Year, having fought and beaten coronavirus.

10:48 am

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Shadow Special Minister of State) Share this | | Hansard source

I rise to speak in respect of the Fair Work Amendment (COVID-19) Bill 2020 and make the point that Australia needs a universal paid pandemic leave scheme to protect workers, public health and the national economy, and we need it quickly. Labor and the unions have been calling for paid pandemic leave since the start of this health and economic crisis nearly six months ago. It was evident to Labor and the unions from the very beginning that, with one in every three workers in the country not having access to paid sick leave, there could be and is a big problem.

The problem is the public health risk of people having to choose between forgoing their income and not being able to pay their bills, and turning up to work sick. We know that an estimated 3.7 million Australians don't have any access to paid sick leave or the other protections of permanent employment. These include casuals, contractors, freelancers, sole traders and gig economy workers. Many permanent workers have exhausted their sick leave entitlements already. The obvious risk Labor foresaw from the beginning of this crisis was that, without pandemic leave, many would continue to turn up to work when they were sick or should have been isolating, thereby potentially spreading the virus to their work colleagues and the broader community. But, just as they did with our early calls for a wage subsidy, the government rejected our calls for universal paid pandemic leave for workers, such as casuals, unable to access such arrangements. Despite being warned, the government stubbornly refused even to anticipate the problem, let alone act on the problem, even when it was clear that Labor and the unions had predicted what indeed has happened.

There is still a very real risk of the second wave extending beyond Victoria, although the good news today, of course, is that the numbers continue to fall in that state and are getting close to 100. Given that what was originally feared has become reality, the government needs to act now and introduce a universal paid pandemic leave scheme to ensure that every Australian worker who needs to stay home knows that they will not be financially penalised for doing so. Not addressing this issue will only lead to the continuation of the community spread of the virus and its devastating impact on our community. Universal paid pandemic leave will help stop the spread of the virus and reduce the chances of a full second wave. If Mr Morrison had listened six months ago, the second wave experienced by Victoria might have been far less severe. Paid pandemic leave is meant to prevent an outbreak. We need a national scheme now to prevent a repeat of the Victorian outbreak in other states. Workers cannot be forced to choose between paying their bills and protecting their colleagues, customers and patients.

That being said, while Labor support the bill we cannot support the amendments. We take this position on the basis of previous advice that, should this bill pass this house amended in this way, the other house would likely rule it out of order. Labor want the government to introduce universal paid pandemic leave now. We also believe the government should contribute to the cost of such a scheme. We believe payments should be wage-like—that is, paid by the employer as they normally would pay any other kind of leave. Unless we get a universal scheme, we will have more community transmission, leading to more outbreaks and an economy-smashing lockdown. We cannot afford not to do this.

Madam Acting Deputy President, the bill before you isn't perfect—nothing that the Greens ever do is. It isn't necessarily the way Labor would do it. Fourteen days does not properly provide for the circumstances in which a worker may have to isolate several times. Given the economic circumstances in which businesses find themselves, we believe the Commonwealth should contribute to the cost of the paid pandemic leave, but, as we say all too frequently these days, we shouldn't let the perfect be the enemy of the good.

10:53 am

Photo of Matt O'SullivanMatt O'Sullivan (WA, Liberal Party) Share this | | Hansard source

I rise to speak on the Fair Work Amendment (COVID-19) Bill 2020, brought before this chamber by the Greens. As I do, I acknowledge the contribution of the previous speakers and the passion that they have for this issue. Like those of many in this place, through the course of this challenge my office has assisted countless numbers of individuals and organisations who have been hit with the full force of the economic shock from this pandemic—those who, through no fault of their own, found themselves in a tough position; individuals who were suddenly without work and business owners who had tough decisions to make about their future and that of their employees.

In my first speech in this place I remarked that I wanted to ensure that all Western Australians had equitable access to our democracy through the course of this challenge, and that is what I've endeavoured to do. I've taken this opportunity to travel around my home state, to find out how this pandemic has impacted people on the ground. Only the week before last, my team and I hopped in the car and embarked on a 6,500 kilometre listening tour from Perth to Western Australia's far north. I've spoken with business owners, not-for-profits, charitable organisations, chambers of commerce and countless individuals, including those in the gig-sharing economies, in some of the most diverse and remote parts of WA.

There were some tough stories from some of the people hit by the full force of this economic shock. There are also some really inspiring stories of ingenuity, reinvention and adaptation. But the message which consistently underpinned each conversation was that the Commonwealth government backed them when they needed it most. JobKeeper was and continues to be a game-changer for so many. It makes sure employees are able to maintain that connection with their employer, something that is an incredibly important factor for those in regional and remote WA, where, if you lose someone, it really is a challenge to rehire for that position. For those not able to get the JobKeeper payment, JobSeeker has been there for them. It's available. This means that people can continue to provide for their families, pay their bills, and prepare to re-enter the workforce, as conditions allow.

I know many of my colleagues in this place have taken the opportunity to do the same in their own home states. They have listened to the stories and those stories will have helped them inform their position on this issue. I know Senator McGrath did a very similar trip. He spent a lot of time travelling around Queensland speaking to people about these very issues and hearing firsthand accounts of the impact of the federal government's response to the coronavirus pandemic. As a government we continue to provide the required support to Australians as they need it. To reflect the economic challenges, both the JobKeeper and JobSeeker payments will be extended as has been announced.

In addition to this, there is a range of other support measures, such as allowing people to access their own money through their super fund, and the pandemic leave disaster payment for those in Victoria who are unable to earn an income if they must quarantine or self-isolate. The programs the Commonwealth government have put in place are designed to be simple. They are able to be implemented. They are scalable and they are delivered through existing mechanisms. Services Australia is able to have that relationship with so many Australians through their existing systems. This was incredibly important. If we started this process by trying to create our own unique, bespoke implementation, we would probably still be in the process of designing it and there would no doubt be flaws involved. But we used existing systems to ensure that the support got to people where they needed it at the right time. The Australian Taxation Office already has mechanisms in place to deliver payments to businesses. The pandemic leave disaster payment follows a well-established process already in place for the worst natural disasters our nation has faced, like the bushfires and floods.

This bill does not meet any of these principles. It seeks to work outside of what is achievable and what is workable. As such, the government does not support this bill. Amending the Fair Work Australia Act as proposed will not be effective. We know all too well that the impacts of coronavirus vary widely across borders, regions, sectors, businesses and individuals. That means we need a targeted approach. That is why the pandemic leave disaster payment has been put in place. This payment is available to support all Victorian workers, including casual workers, who are required to self-isolate and quarantine and cannot take personal leave.

These $1,500 payments could not be any easier to access. They're available through Services Australia by simply picking up the phone and dialling 1802266. Payments can be claimed on multiple occasions as needed. In addition to this, the Prime Minister has written to each of the states and territories offering similar commitments where a jurisdiction declares a state of disaster.

The Greens bill, by contrast, doesn't adopt the measured approach commensurate with the need within each jurisdiction. No matter whether an employer operates in Western Australia or in Victoria, the bill will impose significant additional costs on those who are already dealing with the most significant economic impact in generations. The proposal to ask the Fair Work Commission to make COVID-19 leave orders on application will create tremendous complexity and ambiguity for everyone involved as they have to navigate the new application process and understand when an order might apply.

Some businesses and individuals are more exposed to the risk of coronavirus than others and are affected on more occasions than others. The government's payment is available on multiple occasions if a worker needs to self-isolate under a health order or gets sick. But the bill provides only 14 days of leave, which may mean that, in fact, some workers could even miss out. The best the Greens can do—while slamming those of us on this side and while claiming to have a monopoly on compassion—is to come into this place with a bill that might actually provide less support for those who need it.

Let's contrast this with what the government has already done and made available to other jurisdictions as they need it. Workers with no paid leave entitlements, such as casuals and contractors, may for financial reasons decide to continue working. The federal government's pandemic leave disaster payment provides a lump sum payment to limit the financial hardship for eligible individuals who are directed to self-isolate or quarantine. We put this program in place quickly, in rapid time—record time, possibly. It was announced on 3 August. Services Australia started accepting claims on 5 August, and payments started to flow the following day, on 6 August. Already more than 6,800 claims from residents and nonresidents have been received. Over $8 million has already been paid to those who need it. This is what's possible when you use an established process and the systems that are already in place. If we'd tried to do this through new systems, we'd still be designing them and still be testing them, and, importantly, the impact would not be where it's needed. The support would not be going to where it's needed. We'd still have IT people in back rooms designing a system and robustly testing it, and it would just take forever. We had to use existing systems to make it work.

The Greens cannot be trusted with the simplest of ideas. They cannot be trusted with managing a pandemic. They cannot be trusted with informing an economic response. They cannot even be trusted with supporting those who are actually most in need and hit by the worst effects of this economic shock. The government will not be supporting this bill, because we believe that the appropriate measures have been put in place, and they encourage individuals who are in that position of need, who are desperate or who need support that they've got a system that is there to support them and that's responsive, is timely and is right where it's needed. I encourage the chamber to vote against this bill.

11:03 am

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

I'd like to make a short statement about my position on this proposed legislation from the Greens, the Fair Work Amendment (COVID-19) Bill 2020. We can't ask people to take leave if it means that they're going to lose everything. A global pandemic is forcing people to not turn up to shifts. People who want to work aren't able to do it, out of a commitment to public safety. We're asking them to go broke so the rest of us don't get sick. If you've been in contact with someone with COVID-19 and you are required to self-isolate, you're losing money by not turning up for your shifts. If you've got leave saved up, that's what it is there for. What if you don't have any leave? You're on your own. You have to hope you have some savings put away for a rainy day, because I can tell you now that it is pouring and it's not going to stop for two straight weeks.

The Fair Work Amendment (COVID-19) Bill 2020 starts from the same place I do. It is all about helping people who are going broke to keep strangers safe from harm. If you're asked to self-isolate, it's not for your own benefit; it's to keep people safe—people you may never meet but whose lives depend on what you are doing and what decisions you are making. Those who are doing the right thing are going broke for our benefit and to keep us safe. If there's something we can do to help them out, then I want to be able to help them. My problem is that, in order to help them, this bill throws a blank cheque at everybody.

In its current form this bill pays too much to the wrong people. We have no idea how much more it's going to cost our grandchildren to repay in the future. There are better ways to stop people from going to work sick. This bill will force the government to cover the cost of a person's wages when they have time off work because of COVID. People who earn more would get more. People with a steady job, annual leave and sick days would actually get more. The Commonwealth would end up paying thousands and thousands of dollars to already well-off people just so they don't have to dip into their leave or sick days when they take time off because of COVID. That doesn't make any sense to me. Why should we pay the wages of a wealthy banker just so they can use their annual leave on a few days at their beach house? Why should we chip in so that a management consultant can still afford to chuck a sickie now and then? Why should we be paying for that? I reckon those people can look after themselves.

The PM keeps saying that we're all in this together. The lucky people in Australia who have a steady job right now can afford to do their bit. They're going to have to do some heavy lifting—we all are—because we're going to have to cover the others. They have the choice to do the right thing. They should give up a little on their end when it's good for the community and their country. Sometimes you just have to do that. I know it sucks, but guess what? That's life and that's just how it is right now under the circumstances we're all living in.

The other thing that scares me about this bill in its current form is that the Greens don't know how much it will cost. They're asking me to sign a blank cheque. I can't do that in good conscience. I will never, ever do that. We could run up some big numbers pretty quickly. In Australia about 12 million people have a job at the moment. It would cost the Commonwealth over $16 billion if half of them took two weeks off at the average wage. There are a lot of people out there who could use that kind of support from the government.

People on JobSeeker are facing a cut to their payments next month. People on JobKeeper will get that too. We're running into the Christmas period. I don't want that to happen. It is not right. Victoria right now is in the middle of the second wave and is still in lockdown. We don't know how long that's going to continue. Why would we cut hundreds of dollars out of JobSeeker when right now some states are in a worse position than they have ever been in? Why would we cut JobKeeper when small businesses are on their knees? Things have changed since the government announced those cuts.

There is not a soul in this parliament that thinks we're all going to be hunky-dory four weeks from now. If you do, you are delusional and you probably shouldn't be sitting in parliament. Those support payments have to be extended till after Christmas. We can't be cutting people off from $1,500 a fortnight when everybody is saying that we're yet to break the back of the economic depression we are in. That's where my priorities are right now. That's where we should be spending our money. We shouldn't be paying billions of dollars just to take away the inconvenience of COVID restrictions for people who have a job and earn good money. They're going to have to start doing the heavy lifting. Someone warn them. This is the problem. I don't think we've thought this through enough and I don't think we've weighed the trade-offs.

I am on board with the idea that casual workers without leave entitlements or a high income need more help. I agree that there should be government support in place for people who could lose their job or have to skip rent payments because they need to self-isolate. That's why I suggested to the Greens that we cap the payments at a sensible level. If you want something done in this place, you've got to compromise. The way I see it, we should set the cap at $1,500 a fortnight—that's the same amount as the current rate of JobKeeper—and maybe we can negotiate with the government at the same time to keep jobseeker and JobKeeper at the rates they are now until after Christmas. Wouldn't that be a better way to do politics in this place? That way, it's a win-win for everybody.

A rate of $1,500 has been broadly accepted as enough to get people through when their income has taken a hit because of this virus. The beauty of it is that people on lower incomes would still get their whole wage. We know they're the ones that will have the most trouble staying home if they're sick because they can't afford to go without a penny. That's where we're at. They would get the help that they need to stop that from happening. People earning more than that could top up their payments with their annual leave, sick leave or savings. Like I said, we're all having to do the heavy lifting—tough, suck it up; these are unprecedented times. It's a much fairer model. It's better targeted to people who need the most help. It also happens to be very similar to the model brought in by the Victorian government at the height of the second wave. It's working there, and it should be expanded to other states before any new outbreaks get out of hand. We need to get one step ahead. We need to start telling people what's coming down if the second or third waves hit, and you should be up to that by now as a coalition. You've now had the second wave in Victoria. There are no excuses anymore for having things in place when outbreaks happen in other states.

I want to give money out to the Australians who need it most. I want to stop people from having to choose between going to work sick or paying their rent. I know how hard that choice would be. Unfortunately, this bill in its current form gives more to people who need less help, and it isn't fair or sensible. So I propose a compromise. The Greens don't want to set the rate of COVID leave at any amount. They think it should be whatever you were earning before what you get now. I think it should be set at the rate of JobKeeper for everybody—except those on jobseeker, for obvious reasons. One of the biggest problems is that it's all getting cut off way too soon, and we need to balance fixing that against fixing this. So I've proposed to the Greens an amendment that I think strikes a reasonable balance.

The Greens don't want it set at JobKeeper, but I don't want it set at an infinite amount where people like Clive Palmer and Twiggy Forrest can be forced to self-isolate—and you think Western Australia is having problems right now—and be given 15 million bucks for the fortnight. Come on! This bill is not being done very well. So let's say that it should be capped at something reasonable, and let's say that that cap should be set by the only ones in this debate able to say what the cost of each level of the cap should be. My proposal is that the government be required to set a cap on the amount a person can receive for COVID paid leave. My amendment doesn't say what the cap should be, it just says, 'You've got to draw the line somewhere, so let's draw a line.'

What I'm proposing is fairer, goes further, is more affordable and should be supported by the Senate. If it's more reasonable and supported then maybe you could look at extending jobseeker and JobKeeper at the current arrangement until after Christmas. That would be a win-win for everybody. This is not something that we saw going on when you set that amount two or three months ago when you decided you were going to change it. Things have not got better, and things will not get better tomorrow. We need to think forward, and we need to think on our feet a little bit quicker than what we've been doing. I seek leave to continue my remarks later.

Leave granted; debate adjourned.