Senate debates

Thursday, 19 March 2009

Fair Work Bill 2008

In Committee

11:41 pm

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

I knew this debate was going to be long and tempers were going to be tried, and I can tell you that my temper right now is being very seriously tried. I can understand the coalition not accepting these amendments, but, I am sorry, I cannot understand Senator Fielding not getting this. These are so important to deliver fair outcomes for TCF workers—they really are very important. TCF workers are our most vulnerable workers. In the past there have been some differences of opinion, but, as I said when I first addressed these amendments, there has genuinely been really strong cross-party support for strong and fair TCF amendments. During the Senate inquiry the submissions contained story after story of abuses of outworkers. Progressively in Australia we have tightened our laws to offer protections to our most vulnerable workers.

As I also said earlier, these amendments do not go as far as we think they should go to protect TCF outworkers, but at least they put in place some protections. These are the workers that are most easily exploited because, as Senator Xenophon, Senator Ludwig and I have articulated, the sweatshops in particular are so easy to move. It is very hard to pin them down. During the inquiry process we heard stories that they do not even keep proper records of their employees or of the work that is done, so it is very hard to tell if the workers are being paid properly. The experience of a number of years has shown that, as a Senator Ludwig said, we need special protection for these workers. These provisions and this type of approach have developed over the years to ensure that we do give the best protection possible to these our most vulnerable workers.

As we heard during the committee inquiry, these people are often non-English speakers and they do not actually know what the laws are. They do not know what protections they have under Australian laws. They are easily exploited. Often, they have families to support and they are new arrivals in Australia. As I said, they do not necessarily understand the provisions or protections in our laws, and often they do not know who to go to for help. The committee heard incredible stories about some of the treatment they receive from their bosses. Senator Marshall will confirm the stories we were told about how some of these workers are treated. It is simply outrageous. As I said, they are the easiest to exploit. They are our most vulnerable workers. It is essential that we protect them.

I have said that the Greens do not think these amendments go far enough, but we are strongly supportive of them as far as they go. I seriously urge Senator Fielding to have another think about these amendments. They are the least that we can do to offer protections to these most vulnerable workers. If we do not pass them we will be condemning TCF workers and outworkers to exploitation, and of course that means their families are also affected. It is essential that we protect these workers and their families.

I remember one lady who came with the Asian Women at Work organisation to tell the committee her story. She was a clothing worker and told us how she and her daughter suffered because she was not getting adequate pay and was being required to make up pieces in totally unrealistic time frames. When she could not make those time frames she was being penalised. She and her daughter were essentially living in one room while she was trying to meet that totally unacceptable workload and was being unfairly treated. I cannot believe that in 2009 we do not think these amendments are absolutely essential to provide protection for TCF workers and for outworkers. I urge the coalition and Senator Fielding to please reconsider and support these amendments.

Progress reported.

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