Fatima Payman (WA, Australia's Voice) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Employment and Workplace Relations, Senator Watt. Last year, it became a criminal offence to intentionally underpay workers. A review of these laws began in December and is expected to be completed in June. In the 15 months since wage theft was criminalised, a section of the Fair Work Ombudsman with a team of 16.7 full-time-equivalent workers has been investigating allegations of wage theft. This team was allocated $49 million over four years, but it was revealed at estimates hearings in February that this team has not referred a single matter to the Federal Police or Commonwealth DPP. Minister, is it still the case that not one referral has been made?

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

Thanks, Senator Payman, for the question. I will attempt to come back to you as soon as I can with any specific information on the number of referrals to the police that have occurred, but what I would point out is that it took a federal Labor government to make wage theft a crime. We have known for many—as long as anyone could remember, quite rightly, employees who stole from their employer could be subject to criminal sanction, but what was the case until this Labor government came along was that employers who deliberately stole wages from their employees could not be subject to criminal penalties as they should have been. That was unfair. It was double standards and different standards between employers and employees, so the Albanese Labor government are very proud of the fact that we did change the law to make sure that employers who deliberately steal the wages of their employees can be subject to criminal punishments.

It's also worth remembering that, when we did that—when we passed those laws—they were not supported by all members of this chamber. What I remember is that members of the Liberal Party, members of the National Party and—wait for it!—the so-called battlers' party One Nation voted against laws to make it a criminal offence for employers to steal wages from their employees. Senator Bell might be smirking up there because, understandably, he wasn't a senator for New South Wales—is it? Is it New South Wales he's a senator for, or is it Queensland? A senator of New South Wales, sorry! I forget which state you're from. Senator Bell may not have been here, but we remember that One Nation voted with the Liberals and Nationals, as they almost always do, to punish workers rather than to stand up for them, and you will never get that from a Labor government.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Payman, first supplementary?

Fatima Payman (WA, Australia's Voice) Share this | Link to this | Hansard source

Minister, between 2020 and 2025, $1.76 billion worth of wages stolen from workers was paid back. In tertiary education, as well as sectors like retail and hospitality, wage theft remains rife. Workers in these sectors are often casually employed and have limited job security. Besides criminalising wage theft, what else is the government doing to ensure that these workers are being paid what they have earned?

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

(—) (): What this Labor government is doing is putting in place the most worker- and union-friendly laws that Australia has ever seen, because we proudly stand on the side of workers and their rights in the workplace—something you will never get from the Liberal Party, the National Party or the One Nation party, who will always take the side of employers. Senator Cash has come into this chamber and said that they proudly stand on the side of employers, and we know that's what One Nation do, as well as the National Party. We make no apologies whatsoever for passing laws that protect the rights of workers. Senator Payman is correct to say that there are some sectors of our economy where we do see shocking rates of wage theft and other forms of exploitation, in particular hospitality and retail. That's why we changed the law. I've already said that I'll come back to the senator with any information that I can about referrals. But our laws are completely focused on restoring the balance in the workplace relations system and making sure that workers get a fair go. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Payman, second supplementary?

Fatima Payman (WA, Australia's Voice) Share this | Link to this | Hansard source

Minister, workers and taxpayers are paying millions of dollars to fund an office of 16 full-time workers who've not referred a single case, as we know it, since Senate estimates in February. That's not a single case of wage theft to police, while workers are losing millions more in wage theft that goes unpunished. Minister, was criminalising wage theft a performative reform, given it is costing workers more than it has returned to them?

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

Senator Payman, with the greatest of respect, I'm not sure you want to talk about performative acts in this chamber. What this government is serious about is action to support working Australians. Again, that's why we've not only passed laws to tackle and criminalise wage theft by employers but also actively supported increases to the minimum wage for the lowest-paid Australians, something the former government never did. It's why we've introduced the same job, same pay laws, something that, again, One Nation opposed, along with their friends in the Liberal and National parties. This government, a Labor government, will always proudly stand up for the rights of working Australians, and that will never change.