Breaking news: The Albanese government has finally bowed to common sense and split the Loophole (IR) Bill into two sections. Today (7 Dec 2023), independent Senators David Pocock and Jacqui Lambie secured a deal to pass some parts of the Loophole Bill.
Senator Pocock’s media release states that the agreed changes are as follows:
- Make it easier for First Responders to access workers’ compensation for Post Traumatic Stress Disorder from 1 January 2024 …
- Enhance protections for people experiencing family and domestic violence …
- Expand the functions of the Asbestos Safety and Eradication Agency to include silica …
- Ensure employees of large companies don’t miss out on redundancy entitlements as a business downsizes due to insolvency …
- Close labour hire loopholes consistent with amendments to the legislation that passed the House of Representatives …
- Criminalise intentional wage theft and the non-payment of superannuation, …
- Ensure industrial manslaughter becomes a criminal offence …
- Ensure health and safety representatives can access workplaces …
The issues in this (now) Part One of the Loophole Bill are essentially the ones which the Senate had agreed to in November but were rejected by the government who insisted that the entire Loophole Bill be passed. The Albanese government has now flipped. The only section not agreed to in November and now included is the labour hire bit!
Big business organisations have heavily criticised the passing of the labour hire provisions. We haven’t studied these clauses and therefore make no comment.
But putting labour hire issues to one side, congratulations must go to the independents in both the Senate and House who have argued to pass some of the Bill, as is now the case.
It’s also fair to recognise the constructive role of the Coalition. It could have taken the attitude of allowing the entire Loophole Bill to pass and letting the economy tank as a result. Some political strategists would argue that such an approach is good politics. In other words, letting the government make a real mess of the Bill would be a pathway to electoral success for the opposition. To its credit, the Coalition hasn’t done this and has put its assessment of policy above crude politics.
The rest of the Bill will now be debated/negotiated next year when Parliament resumes in February. This includes the key issues we have asked the independent Senators to reject.
These issues are in the remaining part of the Loophole Bill and include the following (with links to our position papers):
- Overturning common law—High Court rejection.
- Turning self-employed people into employees.
- Trashing casuals’ incomes.
- Attacking owner-drivers.
These parts of the Loophole Bill are small business destruction items that deny Australians the right to be their own boss.
Further, they are a direct attack upon the fundamentals of competition that underpin our economy. When you destroy small business, you destroy competition. We put our view on this in response to Senator Pocock’s Questions—Competition/Big Business.
The next phase will be the ‘battle’ early next year over the issues that concern us—namely, will small business people be allowed to exist? Will the right to be self-employed be respected? Will the common law and common sense of the High Court be respected? These are the things we seek to defend.