Franchising Laws Amendment (Fairness in Franchising) Bill 2020

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Small franchisees are often taken advantage of by large corporate franchisers. They are in a much less powerful position and their fights look like David vs. Goliath. I congratulate Senator O’Neill for her leadership on this bill and actually wanting to protect small business owners, unlike many of her “woke” colleagues in the Labor party.

Transcript

As a servant to the people of Queensland and Australia, I note that Senator O’Neill has taken on a real David and Goliath battle, and she’s taken it on well. I point to one corner, in which we have General Motors, one of the world’s largest corporations, which ruthlessly abandoned its franchisees in this country. It did it without any consideration, and the government stood by and watched. Families had put their businesses together over decades.

There had been blood, sweat and tears, and lots of hard work. Small to medium businesses had ploughed so much work into their businesses as well. And what did we see? General Motors just divested themselves of them. They were tossed aside on the scrap heap, and the government delayed. It promised to address this issue, but still it failed to do so.

No wonder people are feeling concerned, afraid, vulnerable and very worried at the hands of large multinational companies with huge imbalances of power. General Motors is treating their franchisees, the Holden dealers right across this country—small businesses, often with decades of history—like dirt.

Now we have Mercedes lining up to do the same, as are Honda and Renault. Honda, a company that has worked with its dealers so admirably around the world, is now looking to quit its dealer network as well. These companies are stealing databases that have been built up over decades.

I turn to the Queensland rural dealerships. Look at our state. It’s the most decentralised of any. It’s the only state with more people in the rural areas than in the capital city. Those dealer networks need support. But it’s not just car dealers; it’s also boat dealers, marine dealers, water sport dealers and motorbike dealers.

And it’s not just wheeled dealers; it’s people with small business franchises right across this country. What they need is support. They need fairness and they need support for locals. They need some security and some certainty. There are 60,000 workers in the auto sector alone, according to Senator O’Neill, and that includes many, many tradesmen and many apprentices. There are good people and local community businesses.

I want to commend Senator O’Neill, because Senator O’Neill came to us to explain her bill. She asked for our support. She did her research. She was willing to be on call at any time to answer questions and to put her staff on call. I acknowledge that—through you, Deputy President—to Senator O’Neill. I appreciate it and I endorse her work. She works. If other Labor senators had the same enthusiasm in general as Senator O’Neill then we’d be able to work much, much better with them. We commend Senator O’Neill for the way in which she came to us freely to offer her bill.

Senator O’Neill, sadly, is one of the very few real Labor senators in this parliament. I know that at least 20 per cent of Labor senators are upset with the way Labor has turned against workers, abandoned workers, in favour of woke policies supporting the globalists’ agenda. Look at things like taxation policy. Look at things like energy policy destroying manufacturing. The Liberals and Nationals are similar; they’re just a matter of grades apart.

The Labor Party’s policies and the Liberal-National coalition’s policies are abandoning manufacturing. They’re swallowing the UN dictates: the UN Kyoto protocol, the UN Paris Agreement—which is not really an agreement—and, going back to 1975, the UN’s Lima Declaration. They all sell out manufacturing. They sell out, to some extent, all industry, including agriculture. What about the so-called free trade agreements? We want, instead, fair trade agreements.

Labor’s support for free trade agreements means that they’re selling out workers and Australian employers, small and large. There are the tax policies, as I said, that let foreign multinationals off the hook. The Labor Party in the era of Prime Minister Bob Hawke let them off the hook with the petroleum resource rent tax. A few Labor senators stand up for workers, but, sadly, they’re in a very small minority.

Look at pay rates, which are stagnant because of the rising immigration we had until COVID. Rising costs and stagnant pay mean living standards are falling. Look at the oversupply of workers. We have an oversupply of workers, which is driving wage rates down. Look at the pressure on housing, driving housing prices up.

Look at the pressure on infrastructure in this country because the labour is tied to this large-country policy of letting in many, many immigrants, far more than we need. Look at the gender bending, the indoctrination in schools and the trendy virtue signalling that is taking over the Labor Party. We have good senators, like Senators Sterle, Farrell, Gallacher, Sheldon and others, who are great to work with. They support workers. They’re honest people. They are saddened that their Labor Party has abandoned them; that the Labor Party has swamped them in woke policies.

While Senator O’Neill supports real Australian businesses, her party has largely abandoned workers. Look at the energy sector. Coal has been tossed on the scrapheap by Labor’s virtue signallers. Look at industrial relations, where Mr Joel Fitzgibbon has abandoned and neglected the abused and exploited workers in the Hunter Valley—workers that I had to come in from Queensland to support, with Stuart Bonds, our candidate in the Hunter.

They are selling out our sovereignty to the UN globalists. These are the things that Labor now stand for.

As Senator O’Neill has shown leadership in working with all the parties on the crossbench and the Greens—Senator Whish-Wilson has complimented her, and rightly so—we would expect that Labor would have a reasonable accommodation in play. We would reasonably expect that the Labor Party would have a more favourable attitude to Senator Hanson’s bill to get foreign companies to pay tax on petroleum resources. Yet Labor denied support to our bill. When we asked them why, there was just a blank stare, no reason or justification.

I will finish talking about this bill by emphasising the two major benefits. It brings compulsory arbitration to rectify the imbalance between those who have enormous power, like General Motors, and the franchisees who have limited power. And there is the massive increase in penalties, all justified to restore some balance in power. However, the Australian Financial Review rightly said today that this is just plugging a hole in the dike.

Labor has lost its way in policy. Labor has lost its way in our Senate. One Nation reiterates again that we would support all parties, yet we expect parties to work with us and to give us a fair go. I support this bill. I thank Senator O’Neill, again, for her leadership in reaching out to me and my office.

We will work happily with Senator O’Neill. I remind the Labor Party that if they ever get back into power they will need to work with us. We will be happy to work with people like Senator O’Neill, Senator Farrell, Senator Sterle, Senator Gallacher and Senator Sheldon—these people, sadly, are in a minority. We will happily work with Senator O’Neill and her like.

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Government dodges corruption investigation

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The federal government showed its lack of commitment to addressing the misuse of federal funds today in voting down Senator Roberts’ motion to call for an inquiry into Queensland’s misuse of Commonwealth money.

Senator Roberts’ motion called for an inquiry into the gross misuse of Commonwealth disaster funds at a council level.

Senator Roberts said, “A Senate inquiry is essential to ensure an independent investigation, void of political interference, into these widely recognised corrupt practices.

“If we ever needed to validate the need for this inquiry, then the last week has done that given the number of council representatives who have lobbied in opposition to the inquiry going ahead.

“Their scrambling to shut this down confirms there is much to hide.”

Queensland councils received $5.339 billion in funding through the National Disaster Relief and Recovery Arrangements (NDRRA) from 2011-2019, of which 75% is Commonwealth funding.

Evidence shows that around 50% of the funded disaster money is siphoned into areas that currently avoid detection and is not used for the community’s benefit.

Senator Roberts stated, “Queensland communities need disaster funds to support infrastructure recovery.

“What they don’t need is their money going into the pockets of a few through massive profit taking, because of illegal and cost saving activities such as unlawful dredging of creeks for substandard road materials.”

The Federal government claims corruption is on their radar with their Commonwealth Integrity Commission, so it is disappointing to see them shy from an independent scrutiny of these funds.

Senator Roberts added, “Their actions today question the genuineness of their intentions to address federal corruption with their proposed Commonwealth Integrity Commission.” “The deliberate mis-use of public monies is never acceptable and be assured that this motion will be back on the agenda until these practices are independently investigated.”

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The detailed breakdown of the Industrial Relations Bill

https://youtu.be/lU4SFG_Uyl4

I was unable to give this speech in the Senate last night but it’s important you get these details. While the government has backed down on changing the BOOT test after One Nation pressure, there is still much to fix in the casual employment mess. There is a lot of chest beating about this bill but no real detail, only One Nation will give you this amount of detail and transparency about our analysis.

Transcript

In serving the people of Queensland & Australia I want to discuss our shared need for: 

  • Improving industrial relations to protect honest workers and employers, especially casual workers.
  • Our concerns for business, particularly small business.
  • The bigger picture and a vision for a secure future for Australia. Today the government took the first step in recognising One Nation’s legitimate concerns for employers and employees – it booted out the BOOT! 

We listened: We are listening to workers – casual and permanent – across Queensland and Australia. Listening to all stakeholders in employment including welfare organisations. Listening to UB’s and union bodies. Listening to small and medium sized businesses. Listening to employer and industry groups. Listening to the government.Listening reveals that across our country, people are hurting, feeling vulnerable. Afraid for their jobs, worried they won’t be able to pay the mortgage, afraid of the future. Everyday Australians are hurting from government COVID restrictions and lock-downs keeping people away from jobs, businesses and loved ones. 

The Problems with this Bill: There are many problems with this Bill that need to be resolved to make it safer for both employees and employers. There are many ‘hairs’ on this Bill that need to be trimmed to make it fit-for-purpose. Our concern is for the unintended consequences of this government’s so-called reforms that are really just tinkerings. We’re investing the time and effort to work with all parties to improve outcomes for employees and employers. 

The first problem is with the definition of “casual”, The proposed casual definition at Section 15A is lengthy and complex, it suggests that the employer’s intention expressed at the time of commencement of employment is the only important factor, determining employment status. It’s not.  Hunter Valley casual coal miners we’ve championed were clearly permanent and not casual as the dishonest labour hire company, Chandler MacLeod designated. 

This must be clarified in the Bill or Explanatory Memorandum. The definition also refers to “no firm advance commitment” yet many casuals have a firm advance commitment. Because it suits both them and the business as in single parents working during school hours and in takeaway shop. The definition of casuals in S.15(A)(2) is a loose compromise because the term ”as required” is confusing and must be removed. Last week, Mr Bukarica, Legal Director for the CFMEU Mining Division and his team agreed that their union had ignored casuals for many years. The same can be said of this government. The CFMEU in the Hunter Valley and the government have contributed to the exploitation and confusion in the permanent casual rort. 

The second concern we have is with the proposed ‘right to conversion’ Many casuals have a regular pattern of hours, yet Sections 66A and B suggests that this means casuals are actually permanent. This section as it stands throws many burdens on small business and puts the casual loading at risk for workers who enjoy the benefit of a casual loading. 

The proscriptive nature of required record keeping and timeframes for offers of conversion, as in the proposed Section 66B, represent a burden for small business who cannot afford the time off the tools.The answer is to take this unnecessary burden away from small business and likewise to review the silly ‘windows of opportunity’ workers have to apply for conversion.

Even more record keeping. Yet sadly this change will do nothing to change how companies like BHP exploit and abuse casuals through labour hire arrangements. BHP and big business can randomise rosters and extend casual arrangements to suit themselves. Some already are and that disrupts workers needlessly. 

The third concern is the new Section 545A for offsetting claims This introduces a statutory rule for offsetting claims for unpaid entitlements from permanent casuals.  Calling this double dipping in many instances is a lie. Let’s be clear I do not support double dipping on entitlements. Yet employees have a right to entitlements under circumstances where they have been treated differently to a true casual. 

We will fight for retaining and protecting these workers’ entitlements just as we have done for 18 months in the Hunter Valley. The Full Court in the Rossato case clearly stated that the casual loading paid to a casual worker did not offset their entitlement to paid leave as guaranteed to all permanent workers under the Fair Work Act.

The government seems to think it has to change this because the decision could impact big business profits. Section 545A (1) (b) takes this even further and states that it protects employers where they pay a flat hourly rate even when it’s not clear whether a loading is being paid. What’s going on here? How is this fair or making things simple? 

In the Hunter Valley, casual mine workers were put on permanent rosters and in permanent roles beside the permanent workforce. It could not be more clear, yet the IR laws created ambiguity and injured workers are still waiting for their just entitlements nearly six years later. As it stands, this provision could deny workers their lawful entitlements where they were not given a casual loading or when the EA resulted from a flawed process. 

I commend the CFMEU Mining Division’s Legal Director Mr Bukarica for the courage and integrity he showed when in answer to my questions he acknowledged the Hunter Valley CFMEU’s role in colluding with employers to deprive casuals of basic employment entitlements and rights. 

We will work with the government to create a workable solution to ensure workers are treated fairly. This is crucial and not negotiable. Small Business: Small business needs clarity and simplicity. It deserves a fair go and cannot afford the days or weeks away from work to defend a case when the big end of town can dig into deep pockets to pay lawyers and consultants. 

While the overwhelming majority of claims against small business settle before arbitration, small business owners have suggested this is because they have learned to pay ‘go away’ money. Thousands of dollars. We have received representations suggesting that the increases in fines (Schedule 5, Parts 1, 4, and 5) and new criminal penalties (Schedule 5, Part 7) be suspended for 2 years for small businesses to soften the blow for an already damaged part of Australia’s economy. 

We believe this is worthy of support. Small business deserves and needs a tailor-made solution for them. Small business spans multiple awards and cannot afford enterprise agreements. They cannot submit to the inflexible rules that the IR Club creates for its benefit and for lawyers’ financial benefit. 

The IR Omnibus Bill so far: The Prime Minister describes the IR system as, quote: “not fit-for-purpose, especially given the scale of the jobs challenge that we now face as a nation.” Who can forget the Dyson Heydon’s (Royal Commission) diabolical findings on union bosses? The whole nation saw the need for changes to protect workers from lawbreaking union bosses. 

One Nation supported govt legislation to implement the Royal Commission’s findings. We supported the ABCC, ROC and the first Ensuring Integrity bill. Yet we could not support the govt’s ill-considered second Ensuring Integrity bill. Nor can we support this Bill as it stands.

I’ve spoken often about Hunter Valley coal miners being exploited, abused and discarded as a result of the collusion between BHP, Chandler Macleod, the labour-hire firm and the Hunter Valley CFMMEU. And while the government knew about the “casuals” problem for years it did nothing until Rosatto threatened big business profits.

One Nation is standing up to protect workers’ and employers’ rights. One Nation knows that only employers, entrepreneurs, small businesses and workers create jobs. Government COVID restrictions have done enormous damage. Yet the govt-induced recession is not an excuse to cut pay or job security.

Instead, for our country’s sake, let’s make a genuine attempt at IR Reform together. 

We’re ready to work with the government and stakeholders to improve outcomes for employers and for employees. For businesses, especially small businesses and for honest workers.

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What we need to fix Industrial Relations

The biggest problem with the current Industrial Relations system is that it is too complex for most employees or Mum and Dad businesses to understand.

Complexity only helps fill IR lawyers’ pockets and make union bosses look busy. We need to simplify the entire IR system to restore the country’s productive capacity.

Transcript

Good news, Pauline and I have had a victory already in the industrial relations negotiations. Good industrial relations legislation is fundamental to rebuilding the productive capacity of Australian business. And for that we need to restore productive workplace relations between employees and employers.

That’s fundamental. The government claims its legislation, which will be before the Senate in March, will bring reform to create jobs and stimulate economic recovery after government-imposed COVID restrictions. I’m consulting with union bosses, industry groups, small business and many other groups on the government’s proposed bill.

My initial summary is that there is a long way to go yet, to get our support on the legislation. The stakeholders that I’ve listened to so far do not believe the legislation, as is, will deliver on reform, job creation, or economic recovery. For any chance to stimulate recovery and protect jobs, we need real improvement.

First and foremost, I’m passionate about positive employer-employee relationships and a fit-for-purpose IR system. From my experience my aims for real industrial relations reform include:

  • Firstly, protecting honest workers.
  • Secondly, protecting small business.
  • Thirdly, restoring our country’s productive capacity.

In summary, my view of the proposed legislation is that I do not support:

  • Firstly, complex legislation that is beyond the average small to medium business to understand and manage.
  • Secondly, more money being diverted to the IR club, the lawyers, the IR consultants, the union bosses, and industry associations, who profit from complicated legislation.
  • Thirdly, any change to the better off overall test, or the BOOT test, it needs to be left as it is to protect workers.

When we told the government we could not accept changes to the BOOT test, they backed down and agreed to leave it as it is. One Nation does support: Scaled back simple fit-for-purpose IR legislation. A better deal for small business.

IR legislation needs to be made more accessible for this vital sector of our economy, the biggest employer in Australia. Thirdly, a clearer definition of casual and the right to remain as a casual with appropriate casual loadings. And fourthly, protection of casuals’ back pay entitlements without double-dipping.

As I’ve already said, one of the most important elements of IR should be the employer and employee relationship, without the interference of the IR club. I’ve made a submission to the inquiry on the industrial relation legislation, and I’ve contributed to questions at the hearing in Townsville.

And it was pleasing to hear that even the union bosses are fed up with the excessive complexities in industrial relations and the need for lawyers. They wanna get rid of lawyers. There must be a better way and it’s time for a change. We know that small to medium sized businesses have suffered the most under government-imposed COVID restrictions.

And One Nation is committed to a better deal for small business and honest workers. While IR is a key piece of the bigger picture Australia needs for lasting economic recovery, of more importance are energy security and energy affordability, investment in skills development and a fair, honest and transparent tax system for individuals and businesses, and eliminating overregulation.

One Nation continues to listen to stakeholders to ensure we can bring about the improvements that are needed to make the legislation more useful for Australia’s economic recovery. Better for business, better for jobs, and better for honest workers.

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Each-Way Albo at it again

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This morning I talked to Marcus Paul about coal-fired power, the mess our Industrial Relations are in and the fact that the corrupt World Health Organisation actually said Australia could be where COVID originated.

Transcript

[Marcus Paul]

Malcolm, good morning, mate.

[Malcolm Roberts]

Good morning, Marcus, how are you?

[Marcus Paul]

I’m okay. I’m very well. Listen, I just wanted to ask you first off the bat, a question without notice because I know you’re very good on your feet. New research has found Australia’s coal fired power stations are routinely breaching their licence conditions putting our community’s health and the environment at risk.

The newly released coal impacts index reveals there have been more than 150 publicly reported environmental breaches since 2015. However, the spokes person for Australia Beyond Coal, David Ridditz says only a fraction of these, 16, have resulted in penalties or enforceable undertakings. Now, if coal’s to be a part of our reliable energy future, we need to clean up our backyard I think.

[Malcolm Roberts]

Well, if that’s true then certainly we need to. No one should be exempt from those regulations, Marcus. The environment is very important. It’s also important to understand that solar power destroys the environment as well because they’re leaking cadmium and selenium and lead into the soil and into the water.

In fact, it’s monstrous what’s going on north of Brisbane. A proposed Chinese development of a solar panel farm. They’re not farms, they’re industrial complexes, directly affecting Brisbane’s water supply for two million people. So, I mean, we’ve got to protect the environment. That’s the number one thing. The environment can’t exist without civilization being productive and civilization can’t be productive without the environment being protected. So, the future of our civilization, the future of our environment are interdependent and rely on each other.

[Marcus Paul]

All right. Anthony Albanese, the federal opposition leader yesterday, talked policy. He’ll be on the programme a little later this morning, but by the way, he’s promising workers a better deal with a suite of reforms to improve job security and provide minimum pay and entitlements to those in insecure work. What’s your take on this?

[Malcolm Roberts]

I think he’s talking out of both sides of his mouth. For a start, his policies on energy, his policies on lack of taxation reform, are cruelling job security. Secondly, his policies on energies just mentioned, don’t take into account the fact that Australian workers need to be productive and we can’t be productive when we’ve got energy costs that are now amongst the highest in the world due to labour policies under Kevin Rudd and Julia Gillard and due to liberal national policies under John Howard and every prime minister since. So, what we need to do is look at the big picture.

But also, it’s very hypocritical and I believe dishonest of Anthony Abanese to talk what he’s talking about casual because Joe Fitzgibbon had plenty of opportunity to address the casual issues in the Hunter Valley. Instead, what he did was he tried to misrepresent me going after it and now, what we’re seeing is I was absolutely right, with Simon Turner and other’s in the Hunter Valley, loss of worker’s compensation, loss of their leave entitlements, loss of their long service leave, accruals being accurate, loss of their accident pay, being suppressed when they had an accident or injury and being told to cover it up.

Anthony Abanese has got to come clean on this. Joe Fitzgibbon had six years to fix this. So did the liberal party. They’ve done nothing until their big corporate mates get into trouble and now they’re wanting to take on the little guy again.

[Marcus Paul]

Well, all right, let’s move onto the World Health Organisation and that dopey, ridiculous, so called investigation into Covid.

[Malcolm Roberts]

Yeah, can you believe it? That they think it might have come from our beef. I mean, this is absolutely monstrous. We know that the Chinese Communist Party and the UN, through the World Health Organisation, have colluded closely to suppress the news of Covid virus in China early last year. We know that.

That enabled the virus to get a march on around the world. I mean, the Chinese came out and the World Health Organisation echoed them saying, there is no human to human virus transmission, none at all. And then they suppressed news of that, they suppressed their own doctors of it and the World Health Organization’s chief has been beholden to China. So, this is not an investigation, it’s a cover up, it’s a complete cover up and can we really have confidence that this is a transparent and thorough investigation?

No, we can’t. What we need to do is get the hell out of the World Health Organisation and get out of the UN. That’s why I called for an Aus Exit from the UN back in 2016 and I keep calling for that. The UN is a corrupt, dishonest, incompetent, lazy organisation that is hurting our country.

[Marcus Paul]

Well, they say the likely scenario is that the virus passed from original animal host to intermediary animals including frozen and chilled animal products, including Australian beef to humans.

[Malcolm Roberts]

Yes. I mean, it’s ludicrous. They wouldn’t allow an investigation for 12 months basically. They covered everything up, they weren’t allowed to go to the lab. I mean, this is not an investigation, it’s a stitch up.

[Marcus Paul]

All right. What about the Nationals, are they backing away from manufacturing policy? They’ve collapsed on coal, they’re backing net-zero 2050. It means they’re, in your opinion, opposing jobs.

[Malcolm Roberts]

Yes. We talked last week about the fact that the Nationals came up with a lovely glossy booklet and the core of that booklet… Sorry, on their managing policy, but on the manufacturing policy, but the core of that booklet was a solid page on their support for coal.

Then we put a motion into the senate one week ago and we said we need to build a coal fired power station in Hunter Valley, which is exactly what the Nationals were proposing. In the face of the motion, in the senate, the Nationals ran away and voted with the Liberals against a coal fired power station in the Hunter, after they said just a week before, that they were supporting it. So, they abandoned coal last week.

Now, we see their manufacturing policy relies upon cheap energy, but with the net zero 2050, it means the liberal party will be opposing jobs and opposing cheap energy and opposing manufacturing. The Nationals have meekly rolled over again. Because this policy for net-zero, according to the IPA, will cost coal miners, farmers and steel and iron workers amongst the majority of the 654,000 jobs that will be lost by the adoption of Net-Zero. We can’t afford it. It’s absolute rubbish.

[Marcus Paul]

All right. Let’s move now to the north of the country. Western Australia in particular. The north west. Yet another overreach, you say, by Mark McGowan, the WA premier and closing down for some five days.

[Malcolm Roberts]

Yes. Marcus, I was supposed to be calling you from WA, up in the north west, up near the Kimberlys today. But unfortunately, we couldn’t go there because Mark McGowan capriciously locked down parts of WA again and made it impossible for us to get there and come back in the time without some risk.

So, we need a better way of managing our community and business in the face of the virus being here. It’s just ludicrous where we get one case and people get locked down. We get people jumping on a plane in Perth, coming to Brisbane, by the time they land in Brisbane, five hours later, they suddenly find out WA’s been locked down and they have to go into hotel quarantine for two weeks at their own expense.

It’s just not right. We’ve got people in New South Wales contacted me saying they’d love to spend a holiday in Northern Queensland, beautiful up there, and they’re not going to do it because they just don’t know what Annastacia Palaszczuk’s going to do. McGowan, Palaszczuk, the control freak in Victoria, they’re using lock downs capriciously and even the UN’s corrupt World Health Organisation has admitted that lock downs are a blunt instrument to be used when things are out of control to get control.

So, the premiers of Western Australia, Queensland and Victoria simply admitting that they can’t control their states properly with the virus in their state.

[Marcus Paul]

Always good to have you on for your views. I appreciate it.

[Malcolm Roberts]

You’re welcome, Marcus. Have a good day, mate.

[Marcus Paul]

Take care, Malcolm.

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Bill “trashes” casual regime for small business: One Nation

This article is re-published with the permission of Workplace Express.

Pauline Hanson’s One Nation says the Morrison Government’s Omnibus IR Bill is “sadly lacking” on a range of key measures, including proposed changes to casual employment and the Better Off Overall Test. 

The party’s IR spokesperson, Senator Malcolm Roberts, has called for substantial amendments to the Bill, arguing it will “hurt many businesses and affect the working conditions and take-home pay of many everyday Australians”. 

The senator says in a submission to a Senate inquiry into the Fair Work Act Amendment (Supporting Australia’s Jobs and Economic Recovery) that the changes are aimed mostly at big business and the “IR Club” rather than small to medium employers. 

“We do not see genuine reform,” he says. 

“This is more words in legislation, more rules and more vagueness in complex definitions. 

“The outcome of this Omnibus IR Bill is that it will not create certainty for people who just want to get back to work. 

“It will add to the complexity of business life. 

“Australia’s industrial relations system no longer serves employers and employees; it serves the people who benefit from its complexity. 

“The IR Club, the class action lawyers, union bosses and the big employer organisations all earn money which could be better spent by employers and employees on securing jobs and income.” 

With Labor and the Greens opposed to the Bill, its fate looks set to turn on the votes of five crossbench senators – Jacqui Lambie Network’s Jacqui Lambie, PHON’s Pauline Hanson and Malcolm Roberts, Centre Alliance’s Stirling Griff and South Australian Independent Rex Patrick. 

Senator Roberts, a former coal mine manager and engineer, has long complained that big employers have abused casual work arrangements in the coal industry through the use of long-term labour hire arrangements (see Related Article). 

The Bill’s proposed definition of casual employment determines an employee’s status based only on the original offer made to the employee, without taking into account “any subsequent conduct of the parties”. 

Senator Roberts argues in the submission that IR Minister Christian Porter is “trashing the ‘long term flexible but predictable’ casual employment arrangements that suited many small business employers and employees”. 

He is doing so, he says, because of abuse by “big business”, citing as an example labour hire arrangements in the coal mining industry. 

Senator Roberts says the legislation will mean that a person is a casual employee if the employer makes an offer of employment on the basis of no firm advance commitment to continuing and indefinite work according to an agreed pattern of work. 

“It is arguable that a consequence of these provisions as they are envisaged is that, if an employer does not make an offer in the exact terms (be it in writing or orally), the employee will, at law, be considered a permanent employee as they will not fall within the definition of casual employee. 

“Many employers, especially small business employers, are unlikely to offer casual employment to a person in such clearly defined terms. 

“This is particularly the case when an offer of employment is made orally which is more common than formalised employment arrangements.” 

The senator says that an employer might consider they have offered casual employment but, if they have failed to meet the prescriptive terms, that employment will be permanent by default. 

“This is likely to lead to significant confusion among employers and employees about their employment relationship and the entitlements that derive from the characterisation of the relationship,” says Roberts. 

“Conversely, an employee who falls within the definition of casual employee at the commencement of employment but whose nature of employment subsequently changes, is nonetheless deemed to continue to be a casual employee. 

“While casual work is not for everyone, rewriting it as the Government has done may have many unintended consequences for everyday Australians, such as pay cuts and rosters that change from week to week to protect the employer from creating a ‘firm advanced commitment’.” 

BOOT change also problematic

Senator Roberts also argues against the Bill seeking to allow a two-year window for the FWC to approve enterprise agreements that do not meet the BOOT where the employer has been affected by the pandemic. 

He says the Fair Work Act already allows the Commission to approve an agreement that does not pass the BOOT if it is satisfied that, because of exceptional circumstances, the approval of the agreement would not be contrary to the public interest. 

The proposed change is an “unnecessary amendment and, furthermore, significantly dilutes the fundamental protection of the BOOT.” 

“I propose that the government keeps the BOOT as it is and ensures that the FW Commission has better governance to review and to improve agreements – due diligence not a rubber stamp.” 

Senator Roberts also calls for the Morrison Government to:

  • create a dedicated small business award or enterprise agreement;
  • simplify the small business code and reduce the maximum compensation payable by small businesses in dismissal cases from 6 months to 3 months;
  • review and rewrite the entire Fair Work Act and IR structure, after the two-year deadline for the flexible arrangements expires in about 2023;
  • focus the efforts of FWO inspectors primarily on solutions rather than penalties; and
  • introducing longer-term greenfields agreements for “tier 2” Australian construction companies.

Pauline Hanson’s One Nation submission to the Senate inquiry into the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, February 2020

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Greens live in a parallel universe

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Transcript

As a servant to the people of Queensland and Australia, I need to say clearly that the climate change agenda seeks to mislead well-meaning Australians with pseudoscience to introduce and hide an economic and social agenda that Australians would otherwise reject. Senator Rice’s motion does mischief. Australia does not have a carbon budget. The Senate has not voted for a carbon budget. The coalition’s supposed climate action plan cap that underpins government policy does not include a carbon budget.

Our international agreements do not include a carbon budget. The only place one can find a climate budget is in the Greens’ own little parallel universe, where the aspiring elites in the Greens are in control of an economy that is not only green but rancid. The devastation that will be caused to our economy by the measures the Greens propose in order to limit carbon dioxide in the atmosphere will destroy our economy, destroy jobs and steal opportunity from our children.

The insult to real scientists is that Senator Rice calls climate change a science based agenda. No, it’s not—definitely not. The argument in favour of a looming climate disaster is based on unvalidated computer models—nothing else. These are the same models that have failed repeatedly and miserably to predict temperature movement.

The largest single driver of climate is the sun, which has moved into a solar minimum that is tracking the Dalton minimum, when the Thames froze over and crops around the world failed. In fact, crops are failing now. Northern China is experiencing widespread hunger, as exceptional cold destroyed the winter cereal crop. Australia, on the other hand, has moved from a dry cycle to a wet cycle. This is not climate change; it’s a natural cycle.

I have challenged the Greens on many occasions to prove their position with empirical scientific evidence—data—and they have repeatedly been unable to. Indeed, today is day No. 502 of my challenge in the Senate to the Greens to simply provide the scientific evidence for their claims and for their alarm and to debate me on the science. Look at them all, looking at their phones; they won’t look at me. I challenged the current Greens Senate leader 10¼ years ago, and nothing.

That is more than a decade, and nothing. I notice that world-renowned scientist Tony Heller, who relies on solid data, has today challenged the Greens to a debate on social media. That’s not going to happen either. And now we see the Nats. Well, that’s another joke. So the Greens have no carbon budget and they have no idea.

Subject MPI: https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?bid=chamber/hansards/0cd97387-e8a2-46f1-92cb-16f6be35aee2/&sid=0148

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Greens anti-development Motion – South Australia Quarry

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Transcript

One Nation will not support the motion. Senator Hanson-Young’s motion proposes to kill off jobs in South Australia. South Australia is a low-opportunity economy because the Greens have stopped billions of dollars of investment in ecotourism, agriculture and mining.

The Greens support for wind farms has endangered species of large birds drawn into the turbine blades and their land management policies directly contributed to the catastrophic loss of millions of native animals in the Kangaroo Island fire—millions!

The Greens are no friend to Australian animals, no friend to the poor who need jobs and no friend to mum and dad farmers who produce food for us to eat. It will be a matter for the government of South Australia to assess the quarry expansion proposal.

Motion 953: https://parlwork.aph.gov.au/motions/e16ad7ce-e361-eb11-b85f-005056b57e20

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Native Title Legislation Amendment

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Yesterday I spoke on an amendment to the Native Title legislation. While I support anything that removes complexities, the government still hasn’t promised to give farmers restoration or compensation of their property rights.

Make no mistake, farmers property rights have been stolen by governments to comply with international agreements like the Kyoto Protocol and Paris Agreement. They must have restoration or compensation.

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Coal LSL and mining entitlements fraud – Adjournment Speech 2 February 2020

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I spoke on my ongoing investigation into the case of mine worker Simon Turner. A huge abuse has happened here and government agencies have done nothing.

Transcript

As a servant of the people of Queensland and Australia, I have a duty to raise and fix issues that are both hurting and concerning everyday Australians.  As a Senator I work for the people.

Today, I raise a matter of great concern for everyday Australians – particularly our hardworking coal miners.

Australian workers are feeling afraid for their jobs, for their livelihoods, for their future. Workers need fairness, integrity, trust and accountability.  I’m concerned for the many workers and businesses small and large that have suffered from state and federal govt COVID restrictions.  Business leaders and workers are all looking for direction from this government, yet at the same time a government authority is doing the wrong thing and abusing workers.

What I’ve witnessed since coal miner, Stuart Bonds and I took up the cause of the exploited, abused and discarded Hunter Valley casual coal miners, is a mass of evidence pointing to potential systemic failures and possibly corruption inside a government agency. An agency that Hunter Valley CFMEU bosses and Minerals Council of NSW executives jointly govern and direct.  We Australians cannot afford our own government to continue shonky behaviour at a time when we should be spending our money wisely.

Thanks to Stuart Bonds’ voluntary help for abandoned workers like Simon Turner and others the Coal LSL scam was uncovered.  Simon Turner and many workers wrote for help from their local MPs including Joel Fitzgibbon six times and to this day Joel Fitzgibbons has ignored their letters. Six times.

Joel Fitzgibbon has been the member for Hunter since 1996 so it’s surprising that he does not know that coal miners are the key to this area’s future.

The agency involved is the Coal Mining Industry (Long Service Leave Funding) Corporation – better known as ‘Coal LSL’. An Australian Government corporation established to regulate and manage long service leave entitlements on behalf of eligible employees in the black coal mining industry.

What I hear is that governance isn’t just lacking, it’s absent.  I’m yet to hear why causals get a different LSL rate to permanents on the same rosters, same work.

As an example, Coal LSL’s system seems incapable of checking whether an employee actually receives their correct long service leave entitlement. Coal LSL just accepts an employer letter and pays the employer. No validation or checking of payments to entitlements to actual payment to employees.

A recent analysis of information that Coal LSL themselves provided reveals evidence of duplication, even triplication, of transactions paid to employers. The reporting recently provided to me is unclear[1]. Levy reimbursements during 2018 include a category for details “Not readily available”. For example, the $264,000 of refunds, not reimbursements, paid out from July 2017 to November 2018. What are these refunds, where’s the transparency?   Coal LSL makes lump sum payments that, again, make reconciliation complex. For example, one of BHP’s OS entities in the Hunter Valley received $187,881.77 in a single transaction in May 2020. For who?

It seems that Coal LSL may not be able to confirm employees are even real people as they do not collect ABN or tax file numbers. They simply get a name and a date of birth. They’re operating in the dark ages and need a modern system to prevent fraud?

In some cases we have heard of companies in Singleton being reimbursed for long service leave even though they do not work in coal mining. In one case, Coal LSL paid reimbursements totalling approx. $57,000 to the wife of the owner of a Queensland company with no state office. Why?

We have learned of an employee not receiving on-boarding information about the Coal LSL scheme, particularly in regard to the employee option to opt out of the scheme and save money. In one case recently a coal miner reported that Coal LSL debited his entitlement for 250 hours of long service, when he actually had not taken leave from his employer. Where’s the governance?

Concerns have been expressed to me that Coal LSL’s current processes might enable a bogus company to register and then to possibly launder money through Coal LSL and then reclaim the funds ‘cleaned’ and available to be transferred to criminals. Where are the checks in the system?  The CEO whose annual remuneration is a staggering $430,187 and her Governance Officer have clearly been asleep at the wheel.

I have personally challenged Coal LSL many times in Senate Estimates and even they do not understand how entitlements are accrued, invested, reconciled and paid to individual coal miners. The CEO could not provide a satisfactory response to a simple question in regard to how Coal LSL accounts for monies paid in and monies paid to employees.

The question is that if bogus companies have been paid in the last seven years, then how could this not be picked up? I’m informed that Coal LSL takes registered companies at their word. That has already led to Coal LSL admitting serious errors in miners’ accounts and entitlements.

As Coal LSL has revealed in senate estimates, it has not listened to the complaints of many coal miners who’ve found discrepancies in their entitlements. Once raised, Coal LSL is slow or unresponsive.

I encourage all coal miners to check that Coal LSL has correctly stated their entitlements so they’re not ripped off. Simon Turner, an exploited Hunter Valley coal miner is a case in point where, after years of requests and complaints, Coal LSL took the word of his rogue employer, Chandler Macleod. Over solid evidence and over Simon’s legitimate requests for a fair go.

Coal LSL is lax at informing employees of their options with many casual miners not told that they’re entitled to choose to not contribute to the scheme and to instead take their employers’ contributions as cash in hand. Let’s face it, at the moment Coal LSL receives the employer contributions for many casual coal miners who it never has to pay out if employees do not stay for the eight year qualifying period. Where does this mountain of cash go and how is it accounted for? What I do know is that many casuals would be better avoiding Coal LSL.

There are many, many examples of Coal LSL failing in its obligations and failing to have appropriate checks and balances to verify that employees are getting their entitlements.

For all we know there may be systemic corruption on this governments’ watch. Have unaccountable union bosses and Minerals Council of NSW executives on this Morrison government authority lined their pockets using bogus companies at the expense of coal miners throughout Australia? We just do not know? Clearly, it’s time for change.

We’re talking about an authority that thousands of workers rely on to protect long service leave entitlements. An authority with a culture biased towards pleasing the employer not on protecting and being accountable for employee’s entitlements. This is not the Coal LSL clerical staff’s fault. It’s the Board and management who must stand up and be held to account. Governance does not exist and the culture of Coal LSL is not solutions or customer focussed. Clearly, it’s time for change.

For too long, Coal LSL has operated as a rogue government authority. Until I brought them before Senate Estimates they were never called upon to explain their actions.  It was the suffering of exploited and abandoned workers like Simon Turner that put a spotlight on Coal LSL and its culture that ignores abandoned workers. Clearly, it’s time for change. And it must be now.

Today, Stuart Bonds and I are strongly advocating for change in Coal LSL and a reconciliation of all accounts and entitlements to ensure that workers and employers are not being ripped off.

Stuart Bonds and I pledge to work for justice for workers hurting from the actions of unthinking, uncaring, unaccountable government authorities like Coal LSL. Authorities under the joint control of shadowy union bosses and a Minerals Council acting for uncaring mining conglomerates. The same mining companies and union bosses that enabled the exploitation of casual coal miners in the Hunter Valley.

Clearly, it’s time for a change. Coal LSL needs to be taken out of the hands of self-interested parties. Coal LSL management needs a broom put through it. A change to build an open, honest transparent, accountable culture to protect the entitlements of everyday Australian workers.

I implore all workers and everyday Australians – rural and city – to vote with your feet. Please go and tell your local union branch, member of parliament and senator that you expect that workers’ rights and entitlements to be protected.  Tell Joel Fitzgibbon that the time for talk is over and it’s time for action. Tell Joel Fitzgibbon, the NSW Minerals Council and the CFMEU Hunter Valley union bosses that Coal LSL like all government bodies must demonstrate the highest standards of integrity, to protect workers’ interests, to behave with common sense and transparency. Workers deserve integrity and support.

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