Senate debates

Tuesday, 17 March 2009

Fair Work Bill 2008

In Committee

10:16 pm

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

Yes, I am coming to appreciate that Senator Abetz does love the ILO! He quotes the ILO provisions as a reason for undermining with his amendments a key element of the ILO conventions, and that is freedom of association. It is interesting to note that he has been selectively quoting what the ILO have said about independent contractors. Yes, the ILO does recognise genuine—the important word here is ‘genuine’—independent contractors. There is nothing special about that; it is a statement of principle. He uses that to undermine key elements of the ILO conventions: freedom of association and the right to collectively bargain. What he was actually quoting from was an ILO decision from, as I understand it, 2003 to refuse to develop a separate instrument for independent contractors. When he is using ILO conventions, he probably needs to put them in context.

The point here is that amendments (6) to (12) are about undermining freedom of association and amendment (13) goes back to Work Choices when we are supposed to be ripping up Work Choices. I thought they had finished with their addiction to Work Choices, but apparently they have not overcome it yet—they may need to do a little bit of rehab.

Even if you split amendments (6) to (12) and (13), we will be opposing them because they seek to make unlawful contract provisions or terms regulating independent contractors. We will not be supporting them because amendments (6) to (12) undermine freedom of association and amendment (13) is definitely a step back to Work Choices and, again, undermines ILO conventions.

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