Meryl Swanson (Paterson, Australian Labor Party, Shadow Assistant Minister for Defence) Share this | Hansard source

Getting back to where we were earlier, under the cover of COVID this coalition government—that is, these Liberals and Nationals, aided and abetted by their friends One Nation—wants to cut your wages. That is as simple as it gets. That is what is happening here. Again, this government can't even sort out a reasonable award for its own staff. The members of parliament pay agreement is now a year overdue. That's right: this government that wants to overturn the IR system in this country wants to do over our own employees without whom this place wouldn't be able to run. The bill will cut bargaining rights and protections for workers whose pay and conditions are covered by agreements. So let's get it straight: this government can't even get the staffing agreements right here in Parliament House and yet it's saying: 'Nothing to see here; it will all be fine. Just trust us with your wages and conditions. Just trust us with the Fair Work Commission, the umpire. Everything's fine. There's nothing to see here. We don't want to cause any problems for you.' It is bunkum! It will undermine the critical function of the independent umpire, the Fair Work Commission, to ensure agreements are fair and leave workers better off. That is what we're talking about here. All this talk of a BOOT, it stands for the better off overall test. It means that, if people are earning wages in Australia, they shouldn't be cut. The bill retrospectively strips misclassified casuals of their right to leave entitlements as well. It is ridiculous that under this bill an employer can classify an employee as casual even if the job is not casual, stripping them of their entitlements, such as sick leave and maternity leave.

One of the most sinister intentions within this bill is to allow for unreasonable, flexible—and therein lies the difficulty—work directives. This bill would provide a two-year extension of JobKeeper-style flexible work directions. Remember, what I said about the cover of COVID, well, my goodness, this is right under the deep doona of corona. They want to continue to be able to give directives to people for duties and locations of work without JobKeeper payments and without the key protections that came with JobKeeper, which the parliament supported in 2020. They want you to still be able to do this work under these 'flexible' work directions. Be very wary of these flexible work directions. Unlike JobKeeper, the employer will not need to satisfy a turnover test; the employer simply needs to believe it's necessary to give a directive to assist in the revival of an enterprise. I think that that's called giving an inch and literally stretching it well and truly over the mile marker.

We on this side do understand that Australians deserve a government that's on their side, and we know businesses want a government that's on their side, but it needs to be fair. The workers of Australia deserve the backing of their government. It's core to the ideal of the Liberal government that a worker should be stripped of rights to stop employers issuing unreasonable directions. This bill works to strip the powers of the Fair Work Commission when it comes to arbitrating disputes, and therein lies the problem—again, ripping the whistle out of the umpire's mouth. Why is the government using its time in this place to declare war on workers, rather than putting its energy into issues that really affect them? For goodness sake! Why don't we see this government move legislation to stop wage theft or maybe pursue the multinational corporations that are offshoring profits for their fair share of tax? There are a couple of ideas for free, Treasurer! Get on with those things. These are the things that people in Australia really want to see you pursuing. They don't want you putting your hand in their pay packet; they can't afford it. Instead, this bill will work to override the strong wage theft laws of the Andrews government in Victoria and the Palaszczuk government in Queensland. The vested interests of this government clearly take issue with Labor states protecting workers against exploitation.

The government ended 2020 standing firm in its blatant denialism that this bill would hurt workers. Today, we again hear the Attorney-General flatly denying that it's going to harm workers when we know it will. It's not a trust issue. It's not: 'Just trust us.' We need only look into very recent history to Work Choices to know that trust is not there; they don't deserve our trust. Then suddenly, as if he has been scared into reality by whispers of backbench colleagues revolting, the Attorney-General removed the most extreme part of the bill. Good on him! It would seem that the good minister's vision has become clearer, thankfully. But, even with the removal of the better off overall test, this bill represents a fundamental attack on the rights of workers.

This is the Prime Minister's very own attempt at a Howard-style assault on workers. The bill will not generate jobs, it will not make them more secure and it will lead to more pay cuts. Business will already be on shaky ground if this government does not sort out tailored solutions for key industries before the end of JobKeeper. We will see insolvency rates absolutely skyrocket and continue to put more and more people out of work. This bill makes it easier for employers to casualise jobs that would have otherwise been permanent. It works to undermine the bargaining process at a time when better pay and conditions are more difficult than ever to negotiate. It weakens wage theft punishments in jurisdictions where wage theft was already deemed a criminal act. Overall, it wants to make our workforce less secure, and that is the take-home message. We need a good, secure workforce, people who feel secure in their job and who want to go and give of their best every day for a fair day's pay.

Together, Australians survived a pandemic, and our broad congratulations to the Australian people that that happened. The impact of that is still being felt. Why now, when people are trying to pick up the pieces of their lives and livelihoods, does this government wants to undermine them? Is it because the Australian people are vulnerable? Is it because they're distracted? What happened to Team Australia? In its briefing note, prepared following the introduction of the legislation, the ACTU said:

The Bill fails the Government's own test: workers will be worse off.

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The Government's changes will make jobs less secure; they will make it easier for employers to casualise permanent jobs and allow employers to pay workers less than the award safety net. This is the opposite of what the country needs.

As indicated in these comments from the ACTU, it is clear that the bill does not represent a consensus outcome from the working group process. Many people may not fully understand the consequences of the BOOT and how it would affect them directly. So I want to clarify: the Morrison government confirmed it wants to cut workers' take-home pay. This has been made clear by the Prime Minister and the Attorney-General, who acknowledged they are only ditching their plan to scrap the better off overall test because they cannot get it through the parliament, not because they think it's unfair. They know that MPs in some of the Liberals' most marginal seats are concerned and have called for a retreat for the sake of political expediency. It remains clear that the frontbench of this government wants to cut workers' take-home pay—and if they get another chance they'll try it again. In his statement, the Attorney-General said he still believes the change, which would remove the safety net for workers and give employers vastly expanded powers to cut pay and entitlements, is 'sensible and proportionate'. Those are the words of the Attorney-General. You can take that to the bank, can't you! This government thinks aspirational workers across Australia should be cut down, hardworking families pushed aside. A typical worker in my region is paying 40 per cent of their weekly wage on rent. Land is expensive, and working families across my area are working tirelessly just to try and stay ahead. It isn't fair.

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