Jamie Briggs (Mayo, Liberal Party, Chairman of the Scrutiny of Government Waste Committee) Share this | Hansard source

We know that the member for McEwen has been so strong in his outrage about the treatment of those poor workers and their hard-earned money by people whose behaviour is undoubtedly the most questionable in the history of the trade union movement—and there is a fair bit more to come on this one. Ultimately, what we see with this legislation is an admission of failure by a government that does not know what it is doing. The commander at the table, the Parliamentary Secretary to the Treasurer, knows it. He has been brought in to try and add some heavyweight gravitas to the ministry. I do not think the commander at the table actually comes from a union official background. I think he was a Labor mayor. So I am not sure that he will be 'bucketed up' with those who should be defending the HSU workers. In any event, what we see here is a bill that will ultimately put this industry at risk. That is the problem with this bill, and it is not just us but people in the industry who are saying that.

I draw the attention of the House to some concerns that have been expressed by people who work in this industry, who run these small businesses and who are trying to make their way. I will quote, with the indulgence of the House, from a letter by one of these people:

I am an emerging Australian Fashion Designer starting a label from home.

And good on her for being an entrepreneur. She continues:

I would like to draw to your attention the Fair Work Act and the Textile, Clothing, Footwear and Associated Industries 2010 (the TCFAI Award), Modern Award regime which defines me as an outworker, despite my 4 year degree in fashion from Ultimo TAFE. The current TCFAI Modern Award definition has a "catch all" definition where anyone working from home in the fashion industry is an OUTWORKER … yes, I can be considered an OUTWORKER if I sell to a boutique or a department store, because of the deeming provisions of the award.

This legislation is about ensuring that entrepreneurs do not exist, that independent contractors do not exist. They are all workers. They are all employees as defined by the law so they can, of course, be targeted by and brought into the union movement. That is what this legislation is about. We saw the same with the TWU bill that was debated in the House last week. This legislation is being brought in under the guise of safety and protection but it is really about getting rid of the definition of 'independent contractor', because the Labor Party has always hated it. They have always hated the independent contractor. They voted against the specific legislation in 2005. They have moved bill after bill in this place to continue to get rid of the definition of independent contractor in this place and in our country. We know that because this bill, putting aside that it is admitting that there is failure in the Fair Work Act, is designed to do exactly that.

I will continue with the letter from this hardworking entrepreneur, who is working from home trying to make her way in this industry. She says—

See this speech in context