Paul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | Hansard source

I move:

That so much of standing and sessional orders be suspended as would prevent the Manager of Opposition Business from moving the following motion forthwith:

That this House:

(1) notes that:

(a) the Government introduced the 249 page Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 on 27 October and rushed it through the House forcing its passage on 10 November through the use of a gag motion which greatly curtailed debate;

(b) the process was so rushed and chaotic that on 9 November the Government moved a further 34 pages of amendments;

(c) the Bill would make radical changes to Australia's industrial relations system including:

(i) abolishing the Australian Building and Construction Commission and the Registered Organisations Commission;

(ii) introducing compulsory multi-employer bargaining;

(iii) expanding the supported bargaining stream enabling businesses to be covered without their actual agreement; and

(iv) giving unions new powers including:

(A) forcing an employer to bargain for a replacement agreement, even if the employer and the majority of its employees do not wish to bargain; and

(B) vetoing an agreement reached by an employer and a majority of its employees to remove themselves from coverage by an agreement;

(d) the measures in the Bill, and the chaotic and rushed process, have been criticised by a wide range of stakeholders; and

(e) this Bill puts the narrow sectional interests of union bosses ahead of the interests of all Australians in a prosperous and harmonious society in which businesses of all sizes can grow and prosper, working in alignment with their employees, their suppliers, their shareholders and the broader community; and

(2) therefore calls on the Government to lay aside this damaging and ill-considered Bill.

Standing orders must be suspended to debate this motion because if this bill is passed as the government proposes it will do real and immediate damage to our economy and in turn employment prospects all around Australia. Standing orders must be suspended so that this parliament can properly debate this important question, given that to date such proper debate and scrutiny has been repeatedly blocked by the government. The government gagged debate on the second reading, voting against the opposition's attempts to allow full and frank debate with support of the crossbench. The government gagged debate on amendments during the consideration-in-detail phase of the bill. The government voted against formation of a select committee inquiry into the bill. And the government rushed the Senate committee inquiry, which had just 22 days to conduct public hearings and report back to the Senate.

The government's efforts to ram through this bill without engaging in proper negotiation and consultation with the opposition and other parties and with the business sector are a portent of what is to come for businesses across the country should this bill become law. Only a few short months ago the Prime Minister was trying to suggest to the Australian people that he was all about building consensus between employers and employees, but the government has now abandoned the facade of promoting unity in the workplace and instead has rushed to make extreme changes to the industrial relations framework.

Standing orders must be suspended so that the House can debate this motion calling on the government to remove this damaging and ill-considered bill. This bill does nothing to increase productivity. The government has consistently said that the aim of this legislation is to get wages moving. Yet no evidence has been provided as to whether it will achieve that objective in relation to wages. What it will certainly do is drive up the cost of living to increased and industry-wide strike action. It will drive up the cost of construction, a very significant sector in our economy, through abolition of both the Australian Building and Construction Commission and the Registered Organisations Commission, handing building sites back into the hands of the militant and extremist CFMMEU.

It will impose damaging union-driven imposts on businesses, including compulsory multi-employer bargaining, enabling businesses to be covered through bargaining without their actual agreement. It will give unions new powers, including forcing an employer to bargain for a replacement agreement even if the employer and a majority of its employees do not wish to bargain. It will give unions new powers to veto an agreement reached by an employer and a majority of that employer's employees to remove themselves from coverage by an agreement. This bill invites the big unions into the premises and operations of small businesses all around Australia. This bill is a covert effort to increase trade union membership under the guise of sustainable wage growth.

Standing orders must be suspended because the chaotic process around this government's extreme industrial relations bill is making a bad situation worse. The minister has conspicuously failed to make himself available to explain publicly and in detail the very extensive changes he is making. He is not somebody who is normally shy, but he hasn't made himself available for detailed press conferences on this matter. And this bill, at 243 pages, was only introduced on 27 October—less than four weeks ago—and its passage through this House was forced just four sitting days later. Included within that was a further 34 pages of amendments, with the minister making no effort to explain them to the media at the time, let alone to members of this House.

This chaotic and rushed process has been criticised not just by the opposition but by virtually every business stakeholder group and employer organisation. Manufacturing Australia said: 'Opportunities for consultation and parliamentary scrutiny of this substantial change to employment law have been entirely insufficient.' The Law Council of Australia said:

The limited consultation period has constrained the Law Council's ability to engage at a detailed level with the legislative and explanatory materials.

The National Retail Association said:

… we hold grave concerns about the Government's attempts to rush these significant industrial relations reforms quickly through parliament without proper opportunity to scrutinise …

Disability Intermediaries Australia said:

… we are alarmed about the lack of consultation and potential unintended consequences of rushing reforms to Australia's workplace relations framework of this magnitude through …

The Chamber of Commerce and Industry Western Australia said:

The Government has not developed the policy and associated bill in good faith and has done so largely behind closed doors.

And, in a joint statement, the Australian Chamber of Commerce and Industry, the Australian Industry Group, the Business Council of Australia, the confederation of small business organisations of Australia, the Minerals Council and the National Farmers Federation said:

We jointly call on the Government to permit time for a thorough consideration of the content and implications of the Bill.

It is urgent that standing orders be suspended to debate this because it is very clear that there is widespread disquiet across the economy about not only the content of this bill but the rushed and chaotic process which this government is adopting to seek to force it through the parliament. Those who have spoken out about aspects of this bill, about the process which has occurred, include the Australian Chamber of Commerce and Industry, the Business Council of Australia, Manufacturing Australia, the National Retail Association, Master Builders Australia, the confederation of small business organisations of Australia, the Business Council of Australia, the Australian Industry Group, the Australian Hotels Association, the Minerals Council, the National Farmers Federation, the Chamber of Commerce and Industry Western Australia, the Master Grocers Association, the Australian Meat Industry Council, Laundry Association Australia, the Franchise Council of Australia, Print And Visual Communication Australia, the National Electrical And Communications Association, the Recruitment, Consulting and Staffing Association and leading businesses, including Qantas and Rio Tinto.

There are significant elements of this bill which were not taken to the Australian people before the election. In fact, we see in this bill yet another example of a broken promise from the Labor Party and the Albanese Labor government. In fact, quite to the contrary of what is being done in this bill the government is seeking to ram through both this House and the other place, senior figures in the then opposition reassured Australians that the extreme measures in this bill were not something the Labor Party were contemplating. In November last year the now Treasurer was asked specifically if industry-wide bargaining was on the agenda, and the now Treasurer had this to say: 'It's not part of our policy.'

This is a bill which has raised enormous disquiet across the economy all around Australia not just for its substance but for its shambolic and chaotic process. That is why it is urgent that standing orders be suspended. That is why it is urgent that we debate what this motion calls for: that the government should lay aside this damaging bill. The sentiments right across the economy go to the grave concerns that are held with this bill, and the government should abandon this effort. (Time expired)

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