Senate debates

Tuesday, 17 March 2009

Fair Work Bill 2008

In Committee

9:46 pm

Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | Hansard source

Senator Ludwig has touched on one of the issues that I wanted to raise in this debate. The Greens will not be supporting these amendments. We believe this is basically an attempt to remove independent contractors from the bill, which is what Senator Abetz has in fact said. We do not think there is enough regulation for independent contractors in the bill as it is. The provisions removing independent contractors from the definition of industrial association is a breach of freedom of association. While Senator Abetz has selectively quoted from ILO conventions, he in fact has not addressed the issue—the fact that this is trying to exempt them from the issues around breach of freedom of association.

Amendment (13) makes terms regulating independent contractors unlawful. We see that as a return to Work Choices, by further expanding what can and cannot be agreed to and included in agreements. This is contrary to the freedom of contract and contrary to the Greens’ position that employers and employees should be free to negotiate any matters in their agreements. We support the provisions of the bill, including adverse action against independent contractors by principal contractors. In fact, we would like to have seen unfair contracts jurisdiction in this bill. We do not believe that these amendments improve the bill and will not be supporting them.

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