Senate debates

Tuesday, 14 November 2023

Questions without Notice

Workplace Relations

2:41 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

My question is to the Minister representing the Minister for Employment and Workplace Relations. Yesterday, Minister Burke, while blocking the four closing loopholes bills that the Senate passed last week, accused the Senate, along with members in the other place, of playing 'delaying games'. Meanwhile, he has put the bills to the bottom of the business paper, giving them the lowest priority. The minister, instead of putting his big-boy pants on and taking ownership of these bills, has chosen to block the passage of bills that would give federal first responders easier access to PTSD diagnoses, stop discrimination in the workplace of victims of family and domestic violence, bring silica into line with asbestos and enable redundancy payments for workers of large businesses that are facing insolvency. Minister, why won't this government recognise that these bills were your bills, that they were good bills and that they had great capacity to help some of the most vulnerable Australians that we have out there?

2:42 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

As to the procedural steps that were taken in the House of Representatives yesterday, you might actually want to look at the opposition in terms of the tactics that were adopted, which may explain why certain bills were listed where they were listed.

Be that as it may, the point that we made last week, Senator Lambie—the point that we have continued to make and will continue to make—is that this government believes that it is important to do something about silicosis and asbestosis in the workplace. Of course, Labor governments have a very proud record in that regard. We also believe that it's important to deal with the issues around PTSD for first responders and all of the other things that were contained in those bills that you and Senator Pocock put forward last week. But do you know what? It's also pretty important to do something about labour hire workers getting ripped off. It's also pretty important to do something about industrial manslaughter, where workers are killed at work because of the negligence of their employers. It's also pretty important to do something about the safety of delivery drivers and other gig workers, and none of these matters are dealt with, as you well know, in the bills that you put forward to the Senate last week. We do think that it's important to deal with all of those issues that the two Independent senators cherrypicked from our legislation last week, but we also think it's important to deal with all those other matters.

Senator Lambie, I think one of the most important things that you said last week—I think it was in an interview with Radio National—was that the reason that you and Senator Pocock had put forward those items for those bills was that they were the only things that the opposition would agree to. What that means, Senator Lambie—and thank you for informing the Australian public—is that the opposition would not support provisions to deal with wage theft, to deal with industrial manslaughter, to deal with labour hire workers getting ripped off and to deal with delivery drivers getting bad safety. It's an absolute disgrace that the opposition won't back those matters. (Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Lambie, first supplementary?

2:44 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

Instead of passing these bills, its own changes to law, the government is choosing to lump them into very complex and very contentious legislation, laws that go to changes to casual employees, the gig economy and a right of entry for union delegates—all this in an economy that is tanking. Minister, do you recognise that, by passing the four bills, the Senate crossbench was helping the government to do its job—that is, to make legislation better, something this government struggled to do all last week?

2:45 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Well, Senator Lambie, I guess we have to respectfully disagree with you on this. I respectfully disagree that removing or leaving out legislative provisions that make it a criminal offence for employers to deliberately steal wages from their employees is making legislation better. I don't think that removing or not including provisions that hold employers responsible for their negligence which leads to the deaths of workers at work sites is making legislation better. I don't think that's helping the government, and I don't think it's helping workers either.

I don't think there is anything complex about making it a criminal offence for employers to deliberately steal wages from their workers. If a worker steals from their employers, they are rightfully charged with theft. But the law as it stands in Australia at the moment means that an employer can deliberately steal wages from their employee with no criminal punishment at all. I don't think that's a complex matter.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Lambie, second supplementary?

2:46 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

In the closing loopholes bill, right for entry for unions is set to begin on 1 January 2024, in six weeks. The rest of the changes are due to start no earlier than 1 July next year. Why does this government think it is more important to give unions right of entry than to grant first responders easier access to PTSD support, stop discrimination in the workplace for victims of family and domestic violence, and bring silica into line with asbestos, not to mention manslaughter charges and making redundancy payments available to workers of large businesses that have shrunk? (Time expired)

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Well, Senator Lambie, again I have to respectfully disagree with you.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Lambie! Senator McKenzie!

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

The result of your decision, along with Senator David Pocock's, last week to cherrypick aspects of this legislation means that none of those matters will be dealt with. They could have been legislated this year in combination with all of the other matters that the government put forward in our legislation, like criminalising wage theft, doing something about industrial manslaughter—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Lambie and Senator McKenzie!

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

protecting delivery drivers and other gig workers when they're at work, and supporting the rights of casual workers. I dare say, Senator Lambie, there are a few of those kinds of workers up in the north-west of Tasmania. I certainly know Senator Urquhart has been standing up for those workers, people who are getting ripped off at work.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator McKenzie!

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

 Unfortunately, with the approach that was taken by the crossbench last week, those rights are not going to be observed anymore. These issues could have been dealt with this year, in totality. We could have done all of the things included in your bills, along with protecting workers from all those other rorts. Unfortunately, you teamed up with the coalition, and now none of it will happen.

Honourable senators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Order across the chamber! Senator Davey, order! Senator McKenzie, I've called you about four times today. When I call you, I expect silence, and the same goes for you, Senator Lambie. I called you to order and you continued to shout out. Both of you were being disrespectful.