Senate debates

Friday, 1 December 2006

Independent Contractors Bill 2006; Workplace Relations Legislation Amendment (Independent Contractors) Bill 2006

In Committee

10:36 am

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

Very briefly in relation to Senator Wong’s comments about contract cleaners: she would be aware that any cleaner who feels aggrieved could go to the Office of Workplace Services. And the Office of Workplace Services, undoubtedly depending on its consideration, depending on the merits of the case, would take that case for free. Of course, that is what those opposite do not like. There is an independent body now that is willing to assist workers in times of difficulty, and of course those opposite are concerned that that deals the trade union movement out of the game to a certain extent. That is why they are so vociferously opposed. I can also understand some of the excitement opposite, and I will not take it personally because I understand they are confronting a ballot on Monday and I wish them all the best in that.

On Senator Sterle’s comments, and this is going to surprise him: I agree with him. If truck drivers are, to use his term, tricked or conned, I think most of us would say that if it is a trick or a con it is a sham, and part 22 of our legislation deals with sham contracts. If an employer is engaged in a sham contract, if they are listed as a company—and I assume most of them would be—they face a penalty of $33,000 per event and potentially, depending on the amounts involved, would be required to make back pay as well. So we as a government are quite clear on this. If people are being conned, if people are being tricked, then it stands to reason that they are sham contracts. That is why we have this increased penalty regime to protect people from those shams.

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