Senate debates

Monday, 24 August 2020

Bills

Fair Work Amendment (COVID-19) Bill 2020; Second Reading

10:53 am

Photo of Matt O'SullivanMatt O'Sullivan (WA, Liberal Party) Share this | Hansard source

I rise to speak on the Fair Work Amendment (COVID-19) Bill 2020, brought before this chamber by the Greens. As I do, I acknowledge the contribution of the previous speakers and the passion that they have for this issue. Like those of many in this place, through the course of this challenge my office has assisted countless numbers of individuals and organisations who have been hit with the full force of the economic shock from this pandemic—those who, through no fault of their own, found themselves in a tough position; individuals who were suddenly without work and business owners who had tough decisions to make about their future and that of their employees.

In my first speech in this place I remarked that I wanted to ensure that all Western Australians had equitable access to our democracy through the course of this challenge, and that is what I've endeavoured to do. I've taken this opportunity to travel around my home state, to find out how this pandemic has impacted people on the ground. Only the week before last, my team and I hopped in the car and embarked on a 6,500 kilometre listening tour from Perth to Western Australia's far north. I've spoken with business owners, not-for-profits, charitable organisations, chambers of commerce and countless individuals, including those in the gig-sharing economies, in some of the most diverse and remote parts of WA.

There were some tough stories from some of the people hit by the full force of this economic shock. There are also some really inspiring stories of ingenuity, reinvention and adaptation. But the message which consistently underpinned each conversation was that the Commonwealth government backed them when they needed it most. JobKeeper was and continues to be a game-changer for so many. It makes sure employees are able to maintain that connection with their employer, something that is an incredibly important factor for those in regional and remote WA, where, if you lose someone, it really is a challenge to rehire for that position. For those not able to get the JobKeeper payment, JobSeeker has been there for them. It's available. This means that people can continue to provide for their families, pay their bills, and prepare to re-enter the workforce, as conditions allow.

I know many of my colleagues in this place have taken the opportunity to do the same in their own home states. They have listened to the stories and those stories will have helped them inform their position on this issue. I know Senator McGrath did a very similar trip. He spent a lot of time travelling around Queensland speaking to people about these very issues and hearing firsthand accounts of the impact of the federal government's response to the coronavirus pandemic. As a government we continue to provide the required support to Australians as they need it. To reflect the economic challenges, both the JobKeeper and JobSeeker payments will be extended as has been announced.

In addition to this, there is a range of other support measures, such as allowing people to access their own money through their super fund, and the pandemic leave disaster payment for those in Victoria who are unable to earn an income if they must quarantine or self-isolate. The programs the Commonwealth government have put in place are designed to be simple. They are able to be implemented. They are scalable and they are delivered through existing mechanisms. Services Australia is able to have that relationship with so many Australians through their existing systems. This was incredibly important. If we started this process by trying to create our own unique, bespoke implementation, we would probably still be in the process of designing it and there would no doubt be flaws involved. But we used existing systems to ensure that the support got to people where they needed it at the right time. The Australian Taxation Office already has mechanisms in place to deliver payments to businesses. The pandemic leave disaster payment follows a well-established process already in place for the worst natural disasters our nation has faced, like the bushfires and floods.

This bill does not meet any of these principles. It seeks to work outside of what is achievable and what is workable. As such, the government does not support this bill. Amending the Fair Work Australia Act as proposed will not be effective. We know all too well that the impacts of coronavirus vary widely across borders, regions, sectors, businesses and individuals. That means we need a targeted approach. That is why the pandemic leave disaster payment has been put in place. This payment is available to support all Victorian workers, including casual workers, who are required to self-isolate and quarantine and cannot take personal leave.

These $1,500 payments could not be any easier to access. They're available through Services Australia by simply picking up the phone and dialling 1802266. Payments can be claimed on multiple occasions as needed. In addition to this, the Prime Minister has written to each of the states and territories offering similar commitments where a jurisdiction declares a state of disaster.

The Greens bill, by contrast, doesn't adopt the measured approach commensurate with the need within each jurisdiction. No matter whether an employer operates in Western Australia or in Victoria, the bill will impose significant additional costs on those who are already dealing with the most significant economic impact in generations. The proposal to ask the Fair Work Commission to make COVID-19 leave orders on application will create tremendous complexity and ambiguity for everyone involved as they have to navigate the new application process and understand when an order might apply.

Some businesses and individuals are more exposed to the risk of coronavirus than others and are affected on more occasions than others. The government's payment is available on multiple occasions if a worker needs to self-isolate under a health order or gets sick. But the bill provides only 14 days of leave, which may mean that, in fact, some workers could even miss out. The best the Greens can do—while slamming those of us on this side and while claiming to have a monopoly on compassion—is to come into this place with a bill that might actually provide less support for those who need it.

Let's contrast this with what the government has already done and made available to other jurisdictions as they need it. Workers with no paid leave entitlements, such as casuals and contractors, may for financial reasons decide to continue working. The federal government's pandemic leave disaster payment provides a lump sum payment to limit the financial hardship for eligible individuals who are directed to self-isolate or quarantine. We put this program in place quickly, in rapid time—record time, possibly. It was announced on 3 August. Services Australia started accepting claims on 5 August, and payments started to flow the following day, on 6 August. Already more than 6,800 claims from residents and nonresidents have been received. Over $8 million has already been paid to those who need it. This is what's possible when you use an established process and the systems that are already in place. If we'd tried to do this through new systems, we'd still be designing them and still be testing them, and, importantly, the impact would not be where it's needed. The support would not be going to where it's needed. We'd still have IT people in back rooms designing a system and robustly testing it, and it would just take forever. We had to use existing systems to make it work.

The Greens cannot be trusted with the simplest of ideas. They cannot be trusted with managing a pandemic. They cannot be trusted with informing an economic response. They cannot even be trusted with supporting those who are actually most in need and hit by the worst effects of this economic shock. The government will not be supporting this bill, because we believe that the appropriate measures have been put in place, and they encourage individuals who are in that position of need, who are desperate or who need support that they've got a system that is there to support them and that's responsive, is timely and is right where it's needed. I encourage the chamber to vote against this bill.

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