Murray Watt (Queensland, Australian Labor Party, Minister for the Environment and Water) Share this | Hansard source

I'll just make a short contribution to put the government's position on the record, and I'll ignore the irony of a Greens senator spending most of her speech criticising Labor and then saying that we're trying to take political advantage, be that as it may.

The government recognises the importance of flexible work for many workers, including work from home. Our priority is to deliver on our clear election commitment to protect penalty and overtime rates in modern awards, and this bill will implement that commitment. The government will be opposing these amendments because this bill is about protecting penalty and overtime rates. This government supports flexible working arrangements. Anyone watching the last election campaign can be in no doubt that the Albanese Labor government is very strongly supportive of work-from-home arrangements.

The Fair Work Act now permits access to flexible work arrangements in circumstances where the employee is pregnant; the employee is a parent or has responsibility for the care of a child who is of school age or younger; the employee is a carer; the employee has a disability; the employee is 55 or older; the employee is experiencing family and domestic violence; or the employee provides care or support to a member of the employee's immediate family, or a member of the employee's household who requires care or support, because the member is experiencing family and domestic violence. Our secure jobs, better pay amendments require an employer to discuss a request with a worker, consider other changes in working arrangements that could be made and provide reasons in writing for any refusal. Our amendments have also strengthened the commission's powers, including allowing arbitration in a dispute about flexible work.

The Fair Work Act also enables other groups of workers to negotiate outcomes on an industry workplace or individual level. The government supports employers, workers and their unions agreeing to flexible working arrangements that suit them—including through enterprise bargaining, where employees and employers can negotiate and agree on flexible working arrangements that suit their particular workplace. The Fair Work Commission is also currently considering work-from-home arrangements for those covered by the clerks award, which may become a model term for other awards and sectors.

In summary, the actions of the Albanese Labor government have already secured the flexible work rights that these amendments seek to replicate. On that basis we'll oppose these amendments while supporting the bill's intent, which is to protect penalty rates.