Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for the Arts) | Hansard source

I'm pleased to give Labor's support to the Parliamentary Workplace Reform (Set the Standard Measures No. 1) Bill 2022. In making these remarks, I'm very mindful of the comments made by the Speaker about the conduct of this debate, and I urge all members, if they missed those comments, to go back and have a look at them. There's a lot at stake in making sure that we conduct this debate correctly.

Last Wednesday, the parliament and party leaders made clear that a new standard is required. That statement of acknowledgment was in response to the first recommendation of Sex Discrimination Commissioner Kate Jenkins from her review into the Commonwealth parliamentary workplaces, Set the standard. This bill aims to implement further recommendations from the review in relation to the employment of members of parliament staff. The review's findings were shocking but, unfortunately, for many not surprising.

Labor has sought to take meaningful action on the issues raised not only by the Jenkins review but also by the Foster review and by people who have shared their stories. Rather than playing politics with these serious issues, we need to be committed to addressing them in a consultative way, to make this workplace a safe one. Last year, the Labor caucus resolved to work towards implementation of each and every recommendation of Commissioner Jenkins. We've sought to engage with the government constructively on implementation, and we are genuinely committed to the process, because we want a better outcome for our staff. Making this workplace safe is an issue that's too important to play politics with.

There's a commonly held view that the unfair dismissal provisions in the Fair Work Act don't apply to MOP(S) Act staff—a view that is not correct but has developed over many years based on the lived experience of staff. So this bill seeks to implement recommendation 17 of the Jenkins review: that the Members of Parliament (Staff) Act be amended to make clear that the Fair Work Act applies and that staff are covered by unfair dismissal laws.

We know the lack of job security for parliamentarians' staff is a major barrier to staff raising complaints. This lack of job security results in a power imbalance which itself makes it easier for bullying, sexual harassment and sexual assault to occur and harder for complainants to speak up. Not only can staff lose their jobs because of an election, a reshuffle or a leadership change, but it was a common concern of participants in the Jenkins review that staff could be sacked because their parliamentarian had 'lost trust or confidence' in them, which may well have a whole context behind it, based on these other issues.

In Set the standard, the Human Rights Commission noted that the ability of parliamentarians to dismiss their staff if they have lost trust or confidence in them is not an express legal right that arises either under the MOP(S) Act, in the enterprise agreement or in employment contracts, yet this is one of the reasons for dismissal given on the Department of Finance's termination-of-employment form. That box on that form makes it seem as though an employee has no recourse even if that is the reason provided for termination. So the review also recommended:

Labor had concerns that it was not clear from the bill or from the original explanatory memorandum that the written notice of termination provided for in the bill is anything more than the ticking of a box on a form. As the review noted, while loss of confidence or trust may be a valid reason for termination, the Fair Work Commission has held

… merely advising an employee that they are being dismissed for 'loss of trust or confidence', or asserting such loss is not, of itself, enough to show a valid reason for dismissal. Rather, there must be 'sufficient evidence and reasoning to support this loss of trust and confidence'.

Labor has committed to implementing the recommendations from the Jenkins review. To do so properly, this legislation needs to be clear that making an unsubstantiated claim of a loss of trust or confidence is not enough to justify a termination. If that isn't clear, it can't be said this bill is fully implementing Commissioner Jenkins's recommendation.

We're pleased that the government has agreed to amend the explanatory memorandum to provide the necessary clarification and that this could be done without us moving amendments to the bill that would have delayed the implementation. It's incumbent now on the Department of Finance to update its guidance and its termination-of-employment form to reflect the findings of the review and this legislation. Labor has always supported the principle that you shouldn't lose your job without a proper reason. In fact, the first unfair dismissal laws were introduced by Labor governments. The changes in this bill will help provide some comfort to staff that they're protected by legislation if they have been unfairly dismissed.

The bill also implements paragraph (c) of recommendation 17 of the review, to clarify that the Work Health and Safety Act applies to parliamentarians in their capacity—our capacity—as employers. Finally, the bill implements recommendation 24, to amend the Disability Discrimination Act and Age Discrimination Act to clarify that those acts apply to staff of members of parliament.

These are simple fixes which will help provide greater security for staff and highlight to parliamentarians their obligations—our obligations—as employers. We still have a long way to go to implement all the recommendations and the measures necessary to make this workplace safer not just for parliamentarians' staff but for everyone who works here. Labor is committed to this process and to working collaboratively with all parties to make sure that change does indeed happen. I commend the bill to the House.

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