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One Nation’s Equal Pay for Equal Work Bill 2022 ensures the rate of pay for casual labour hire workers are the same as or better than full time workers doing the same job.

Senator Roberts said, “The exploitation of casual workers stops here and now, and my Equal Pay for Equal Work Bill will ensure casual workers are remunerated fairly.

“Companies need to re-invest in traineeships and apprenticeships for their future labour requirements, rather than contracting casual positions on lower wages.”

My Bill applies to the Black Coal Mining Industry Award 2010 and the Aircraft Cabin Crew Award 2020, both of which have a history of claiming flexibility requirements but undercutting wages.

This Bill will include the Australian Nuclear Science and Technology Organisation Enterprise Award 2016, the Fire Fighting Industry Award 2020, the Maritime Offshore Oil and Gas Award 2020 and the Seagoing Industry Award 2020.

Senator Roberts said, “While some of these industries do not have a history of casualisation, they all inherently need to maintain high and consistent standards of safety using a stable workforce.”

One Nation accepts the need for casuals to cover sudden spikes in labour demand.

Senator Roberts said, “We need to make sure casual workers are just that, a short-term requirement to address business demands, and that employers in these specific industries shift their perspective to an investment in longer term workforce planning and permanent employment.

“The overuse of casualisation has driven down wages, making it a struggle for a sole breadwinner to provide for their families.”

One Nation has achieved many positive changes for casual workers in the black coal mining industry, along with introducing casual to permanent conversion rights and protecting small business from red tape when implementing casual conversion. “This Bill is award-based and allows for wage negotiation between the employee, union and employer, which is an investment in the employer and employee relationship,” added Senator Roberts.

I had a debate with Joel Fitzgibbon last week about Industrial Relations and what One Nation has done to improve certainty and cut administrative burdens for small businesses.

Transcript

[Marcus Paul] All right now, this was something different this morning. We normally on a Thursdays, you know catch up with One Nation’s Malcolm Roberts. Now Malcolm has been targeted by Labor MP Joel Fitzgibbon. Joel, who sits on the back bench these days. Joel’s always stuck between a rock and a hard place. I think when you’ve got Labor, possibly going down a probably a far greener future, than what some would like. And there are many suggesting that Labor have forgotten about the grassroots of the party and that is looking after coal miners and workers. Anyway, the story, and I think it was in the Herald up there in Newcastle, “Miner shaft the hunter coal industry in uproar over One Nation backing the government’s controversial IR bills” Both the gentlemen in question are on the programme. Good morning to you. First of all, Joel.

[Joel Fitzgibbon] Good morning, Marcus

[Marcus] And Malcolm Roberts from One Nation morning Malcolm?

[Malcolm Roberts] Good day Marcus. Good morning.

[Marcus] All right. Now gentlemen.

[Malcolm] Good morning Joel

[Joel] Good morning Malcolm.

[Marcus] All right. Class action lawyers and the CFMEU are considering the possibility of a high court challenge to the gutted IR bill that passed through parliament on Monday with its clauses on casual employment. The only sections to survive. Now Joel to you first you’ve come out in the press and it’s been reported basically saying that Scott Morrison has no more reliable vote in the Senate. And that of One Nation’s Malcolm Roberts, you say it’s a slap in the face for coal miners in the Hunter. Joel?

[Joel] Well, that’s true Marcus and it’s not just Joel Fitzgibbon saying it. It’s the Coal Miners Union and it’s coal miners themselves, including Mr. Simon Turner, who Malcolm has been using as a very fine example of those who’ve been disadvantaged by the law as it stands but Malcolm has been using as a person. He says he’s been trying to help but Simon Turner himself today is in the financial review saying that he’s disgusted and feels betrayed by One Nation’s actions in the Senate in supporting this industrial relation bill which is not going to make it better for coal miners. It’s going to make it worse for our coal miners.

[Marcus] All right. Malcolm ,respond to that.

[Malcolm] Sure. The greens have no better and more reliable asset in the in the parliament than the labor party. And Joel is wearing the consequences of that because they’ve lost touch with the working workers all around the country, lost touch with small business. And what we’re doing here is we’re protecting workers. We’re protecting small business. Now, Simon Turner, I’ve had a wonderful relationship with him. He is a wonderful person. Yet I recognise he’s under enormous pressure. He went silent on us a few weeks ago. Silent on a lot of people in the Hunter, under a lot of pressure. We then kept working for him in the parliament and in public, and he was energised again. And we actually we actually drove a solution for him, a settlement that’s that’s that’s given him a substantial benefit.

[Marcus] I think we’ve lost. Hang on for a second Malcolm. I think we might’ve lost Joel there. We might’ve lost Joel. We’ll just go back to, is that you you still? No, we’ve lost them both. All right. For some reason, Justin we’ve lost them. So we’ll take a break and come back to that.

SM super network news, news, wake up, get up, Marcus Paul in the morning.

[Marcus] All right? It’s quarter to eight. My apologies to, to our listeners. So obviously I think Joel’s calling from the Hunter this morning and there’s obviously a lot of water in the area. I think we’ve got both gentlemen back. Joel, are you there?

[Joel] Yes I’m here Marcus

[Marcus] Perfect. And Malcolm you’re back.

[Malcolm] Yes, mate. Ready to go?

[Marcus] All right. So, I think we were halfway between what you were responding with Malcolm. So please go ahead.

[Malcolm] Yes. You know, it’s very important to understand that Simon Turner has been bashed around for six years by the CFMEU in the Hunter Valley. And I always say Hunter Valley CFMEU because the rest of the union is fine, but Simon tells me and he’s said it very emotionally and strongly. The Hunter Valley CFMEU is disgraceful. He dislikes Joel intensely because he’s written to Joel six times to help him with these problems. And I can get through the problems in a little while but six times never once has Joel responded. I’ve written to Joel personally in parliament and asked him to get involved, come and understand the issues, refuse to even acknowledge me. Plus Joel has now misrepresented this situation several times. I don’t know why he keeps hiding what the Hunter Valley CFMEU has done.

[Marcus] All right. What has the Hunter Valley CFMEU done? Malcolm

[Malcolm] Very simple. They’ve gutted mining in the Hunter Valley because first of all, the Hunter Valley, the award for the black coal mining industry does not include, it was signed in 2010, does not include casuals. Now the union, what they did they used to be a hirer of casuals. They used to be a Labor hire firm themselves the Hunter Valley CFMEU, they sold that, made a profit but they stayed in the business. And by made the enterprise agreements that cut out the award, cut out award provisions. They created a casual within the enterprise agreement. That’s the first thing they did. now because that went against the award. There was no casual conversion. The union itself created casuals. The union itself locked casuals into permanent casualization. And not only that, they undermined the pay of these casuals by creating a category that was 40% under…

[Marcus] All right.

[Malcolm] The same, the enterprise agreement unbacked by the owners on the same mine, same job, 40% less pay.

[Marcus] Okay. Joel, your response to that?

[Joel] Well, that’s just all rubbish. Marcus, why would I respond to Malcolm? Malcolm Roberts’ calls for me to work with him, when I know that he’s walking both sides of the street as proven with his vote in the Senate last week. And I did respond to Simon Turner and who, by the way he’s not a constituent of mine. That doesn’t matter because I’m here to help anyone that I can. But all this is very simple. The courts have ruled in both the skene case and confirmed, and the rossato case, that the mining companies have been doing the wrong thing by mine workers, paying people different pay rights for the same job. By using the usual use of, by using casualization. Now these court cases effectively representing the situation.

[Marcus] Hang on Malcolm, just let him finish.

[Joel] And now the decision and Malcolm Roberts voted for the bill which overturns effectively the court’s decision. It’s as simple as that Marcus.

[Marcus] All right. So just, just in a nutshell, in relation to what it is before the government, at the moment in relation to the industrial relations bill your main concerns in a nutshell, Joel please about why Malcolm has sided with the government on this.

[Joel] My main concern of course, is that after the union spent a lot of money representing coal miners in the courts. To fix this problem, Malcolm has now used his vote in the Senate to back a government bill which now effectively nullifies the decision of the court putting our coal miners back in the position where we started. And that’s a slap in the face for our coal miners. Not my words, the words of the coal mining union. And of course, Mr. Simon Turner, who Malcolm has purported to represent but now says he feels betrayed by Malcolm and One Nation.

[Marcus] All right Malcolm.

[Malcolm] Well, it’s very simple. The coal mining union in the Hunter Valley, actually undermined the workers award and the workers’ entitlements. They signed off on the enterprise agreement. Joel cannot run away from that. That is fact. They’ve done it repeatedly. 300, more than 300 enterprise agreements that the union has signed. That’s the first thing, the second thing is that the rossato case did not, is not going to be affected. Cause the decision is not going to be affected by this legislation that was passed last week with our support, what we’ve done. I made sure that we protected mine workers. That was the first thing I did. Then the second thing I did… we even called the class action lawyer who’s leading Simon’s class action to get his take on it. What we also did then was we, we understood that the legislation cannot cannot reverse the the written entitlements of miners at all. It can use an offset, which is, which is absolutely fair. We can’t have people being paid for entitlements and then get those same entitlements back. So that’s absolutely fair. And then you get the other thing that drove us was that small business is going to be gutted by this, because what will happen is, small businesses will have to pay twice for basic entitlements that are already protected in awards. Most of the awards in Australia, all but 12 have these provisions already in them.

[Marcus] All right. Joel?

[Joel] Well, what really disappoints me is that the Senator, the good Senator, seems to have suggested that the only reason Simon Turner the person he purports to represent has turned on him is because he’s been intimidated by the union. That’s a pretty, no that’d be charged. So I said that, your listeners either believe me, the union who represents the workers and Simon Turner who Malcolm purported to represent that now feels betrayed or they believe Senator Roberts. And I’m pretty confident Marcus your listeners will conclude that we are on the side of the workers. Malcolm Roberts has betrayed them and they should not trust him in the future.

[Marcus] You see, the big concern is that every new job could be casual. I mean, that was the main concern on the issue. What we’ll do is I’ll let both of you gentlemen have another couple of minutes each just to finish. So we’ll go first to you, Malcolm for your final comments.

[Malcolm] Well, they won’t betray miners because what’s actually happened is this bill that we supported with some amendments to protect workers further and protects small business further actually gives people a pathway to permanent employment. The union sold out the workers in the Hunter Valley because they eliminated any chance of that because they bodgied up an enterprise agreement in an award under an award that didn’t have a classification. So what means, what that means is that people under the EA are locked into lower pay rates than their work mates doing the same job next to them. Thanks to the union. They’re locked into being a permanent casual thanks to the union. And we also know that small business cannot afford the double dipping. So what we’ve, which is when a person gets paid for in lieu of his entitlements and then later claims those entitlements. All that’s happening here is that that is clarified now. So the small business can be protected. We’ve had many, many compliments from from small businesses, small business organisations because we have saved the day. We need some certainty here. We need some, some confidence back in business and back in and workers protections. And that’s what we’ve done. We’ve ensured workers are protected. We’ve put in extra provisions to make sure that we’ve also put in the bill, legislated in the bill is a 12 month review to see if there are any unintended consequences but we’ve also made detailed changes within that. And there’d be more coming out from us in a in a few weeks time, because we are going to be chasing BHP. We have chase BHP. We have chased Chandler McCloud. We’ve chased the Hunter Valley CFMEU and Joel is sat on his backside doing nothing. Stuart Bonds has been to Canberra more times with Simon Turner and with us and advocating for, for Simon in the in the parliament and in in my office than Joel has ever done.

[Marcus] All right. So Joel, to finish your points.

[Joel] Well, Malcolm can check the parliamentary hansard and my speeches in the parliament. Marcus I’ve been very active on this subject, but look I started by saying Malcolm’s been walking both sides of the street and listen to what he just said. He kept mentioning business business business. Now this is what he’s trying to do. He’s trying to stand, straddle this divide. The fact here is that a number of workers have signed enterprise agreements non-union enterprise agreements which we’re paying them less than the union members working alongside them, notwithstanding including Simon Turner. The fact that they weren’t union members the union took this to court to get it fixed because it believes it was unfair that people should be doing the same job and getting different. Pay rights. The court fixed the problem. The Morrison government didn’t like the outcomes. So they legislated to overrule the courts. And that bill on that bill used to overrule. The courts, Malcolm Turnbull put his hand. high, not Malcolm Turnbull sorry. Malcolm Roberts put his hand high in the air in the Australian Senate and said, yep. I’m with you Scott Morrison. And in doing so he did over the miners. And that’s what Simon Turner is saying in the Australian financial review today.

[Marcus] All right, gentlemen, thank you both for joining us. It’s been interesting. Let’s do this again sometime.

[Malcolm] Oh, Marcus, by the way the union signed the enterprise agreement.

[Marcus] All right, gentlemen. Thank you. Have a wonderful day. Joel Fitzgibbon., Hunter MP, Malcolm Roberts, Senator.

In Senate Estimates today, I continued to pursue the case to support casual coal production workers. I showed the FWO that the hunter valley CFMEU bosses sold out casual mine workers and left them significantly underpaid and unsupported. This union ignored casuals and trapped them in the “permanent casual trap”

The FWO made us all aware that the Fair Work Commission has known about the problem with the lack of a definition for casuals that left them fall through cracks in the IR and WH&S systems. Yet they have done nothing. We stood up for small business and successfully put up and amendment to enable a simpler system for casual conversion for small business.

Transcript

[Chair]

Senator O’Neill could you at least let Senator Roberts.

[Malcolm Roberts]

Thank you all for being here today. First question, in correspondence between myself and the Fair Work Ombudsman, I was disappointed to hear your office repeatedly told casual coal miners that you could not or would not help them, even though their abuses were many. This was because you said that casual black coal miners did not exist, and there’s no provision for them in the award. At this point, the Ombudsman became a part of the problem and not a part of the solution. Why did you not report this gap to the minister or an authority that could fix it? And what can you do to ensure that these sort of abuses by your office and other instrumentalities like Coal LSL do not happen again?

[Ms Parker]

So, senator, we are able to provide basic information around black coal long service leave provision. Is that what we’re taking about?

[Malcolm Roberts]

No we’re talking about the-

[Ms Parker]

Now, my apologies. We’re talking about-

[Malcolm Roberts]

This was about why you would not be able to help them, help black coal mine casual,

[Senator Sandra] Yeah. working casuals in the black coal industry.

[Ms Parker]

Okay. So, has anyone got the… All right then we’ll have a look at… So, in terms of casualization there’s a couple of things happening with this, we’ve been monitoring workpac and rosatto I guess what I would say is we have to… our job is to enforce and apply the law as it stands. And I believe Senator that we have done a lot of work in regards to your requests for assistance, your complaints about the enterprise agreement, the award, the conflict as you say, between the two. And I understand what you have been advised is that you know, once an enterprise agreement is in place it doesn’t have to align directly with the award. So, there’s a contradiction between those two things?

[Malcolm Roberts]

Yeah. I guess the heart of my question really goes to, who did you inform? Which ministers did you inform? Which agencies responsible did you inform? Because this was a problem where there’s no classification of casual in the Black Coal Mining Industry Award. Yet the union did a deal with the employer, that vastly decreased pay rates, substantially decreased pay rates, and enabled casuals with no provision for conversion. So, the union basically locked them into casualization forever.

[Ms Parker]

So, Senator the-

[Malcolm Roberts]

So, they were significant problems and I wanna know, what mechanism you either didn’t follow or you need in the future to be given power so, that you can raise these issues with the relevant authorities.

[Ms Parker]

So, senator the relevant authority is the Fair Work Commission, which ratified the enterprise agreement.

[Malcolm Roberts]

That’s true, it did ratify it.

[Ms Parker]

Well, we he had nothing to do with that.

[Malcolm Roberts]

But Mr. Turner and others raised the issue with you that they were locked in by their union which gave them a substandard deal, and the Fair Work Commission approved it. Mr. Turner originally was employed as a casual under the Black Coal Mining Industry Award even though there’s no classification for it. Then he went to what looks to be a dodgy enterprise agreement that the union signed off and the Fair Work Commission signed off.

[Ms Parker]

Quite possibly. So, we regulate agreements and awards that the Fair Work Commission approves, we have no responsibility to alter them or amend them, that’s not our role, not our tribunal.

[Malcolm Roberts]

But if an employee comes to you and says, I’ve got this problem, can you at the moment go to another group, say, look we can’t fix this because it’s sort of locked in by the union and the Fair Work Commission, but this is a problem that needs to be fixed. The casual problem it could have been fixed years ago, should have been fixed.

[Ms Parker]

So, the Fair Work Commission is aware of this issue, yes.

[Malcolm Roberts]

So that’s what you do? You make-

[Ms Parker]

Well, we have no other option because we are there to regulate an agreement that is published, agreed by the Fair Work Commission, or the award.

[Malcolm Roberts]

So, thank you for clarifying. So, if someone was not aware in the Fair Work Commission, you would make them aware? But in this case they were aware.

[Ms Parker]

We do share information with the Fair Work Commission. They are aware of this issue because certainly it’s been running for quite some time.

[Malcolm Roberts]

You’re right it has.

Okay, let’s move on. You may soon be required to prepare, to distribute and to build awareness in regard to the Casual Employment Information Statement, associated with the recent bill that passed, including employment conditions and to educate both business and employees on their rights and obligations. Please detail what you will be doing to ensure integrity and awareness in regard to this information sheet. And also what systems and support will be in place to ensure prompt, clear and informative support for both business and employees?

[Ms Parker]

Certainly. Chief Counsel Financier you can look in it.

[Jeremy O’Sullivan]

Senator, Jeremy O’Sullivan, Chief Counsel Fair Work Ombudsman. You’re quite right. When the bill that’s just passed the parliament, receives Royal Assent, I think there’ll be a new Section 125 capital A that will require the Fair Work Ombudsman to draught and prepare and Gazette a Casual Employee Information Statement. That work is well underway. There’s some consultation requirements because that statement is required to just canvas some of the work of the Fair Work Commission. So, under I think it’s Section 682 sub 2 we’re required to just consult on with the Fair Work Commission on that, that’s occurring now. And so I’m very confident that we will be able to publish that statement as required by the legislation when it comes into force, shortly after it comes into force. We’re also consulting with the department, obviously is it’s novel legislation, and we will be there for appropriate to make sure that the department with the administrative responsibility for the act is comfortable with if you like, giving effect to this new provision.

[Malcolm Roberts]

So, that’ll give you the instructions in a way?

[Jeremy O’Sullivan]

No, that… Sorry, I’m sorry for interrupting I shouldn’t have done that,

[Malcolm Roberts]

No, that’s fine.

[Jeremy O’Sullivan]

But no it’s up to us to form our view on the crick content but obviously we consult with the department. And we are obliged to consult with the Fair Work Commission under the Fair Work Act as it is now.

[Malcolm Roberts]

And then you check with them to make sure the interpretation is correct?

[Jeremy O’Sullivan]

Yeah. Yeah. I mean-

[Malcolm Roberts]

Okay. That’s good.

[Jeremy O’Sullivan]

Well, in as much as… So, I don’t wanna act like… sound like we’re acting on dictation, we have to form our own view and we’re responsible, and as Ms. Parker is often reminds me, unfortunately, the buck stops with her, so, we just make sure… I just make sure that we give our advice so that we’re comfortable. Now, there is a mechanism under the legislation for us to update or change the Information Statement as required. And of course now, if any matters came to light that we thought it could be improved, and just like we do with our Fair Work Information Statement, we improve. In particularly for readability, ’cause this is not to be a document that could only be-

[Malcolm Roberts]

Just a living document.

[Jeremy O’Sullivan]

Yeah. That’s okay a good point.

[Malcolm Roberts]

Okay. Will you be doing a separate sheet to ensure that small business employers and employees are aware of the requirement that casual employees working in small businesses have a right to apply for conversion?

[Jeremy O’Sullivan]

Indeed. We’re also preparing if you like, complimentary web content to make sure that basically you know, we’re providing a one-stop shop for everything you need to know about this new statement. We’re afraid to ask if I can be of burden, but you know that’s exactly… we’re making sure and striving to make sure that it’s readily accessible and it’s ready to go out as soon as, you know, the legislation receives Royal Assent.

[Malcolm Roberts]

After what I’ve learned in the Hunter in the last two years, what more can the Fair Work Ombudsman do to support casual coal employee… casual employees, especially in regard to both understanding the impact of the recent change and on their right to casual conversion? How much is being invested to ensure that there is a helpline and or accessible information available in regard to casual rights?

[Jeremy O’Sullivan]

It’s an excellent question. I was gonna say that this new legislation provides both an opportunity and a challenge for us to deliver on that. So, the proof will be in the pudding.

[Malcolm Roberts]

And there will be arguments. You anticipate there will be arguments with people in larger businesses denied conversion and then the employee wanting to come back later and saying that the denial was not for sound reasons?

And that will be the jurisdiction of the Fair Work Commission,

[Jeremy O’Sullivan]

Right.

[Malcolm Roberts]

Yeah. But you’ll be in touch with them?

[Ms Parker]

I might just clarify to that a little bit. So, the initial conciliation will be the Fair Work Commission, but any disputes we know would go for the small claims court of the Federal Court.

[Malcolm Roberts]

Thank you.

[Jeremy O’Sullivan]

You’re quite correct mam, thanks.

[Malcolm Roberts]

Will Fair Work Ombudsman inspectors be able to help small businesses with things such as, coaching and support? Because it was small business who did most of the heavy lifting during COVID-19 restrictions imposed by governments around the country. And we want to ensure that they’re not burdened with more red tape and unnecessary administrative costs.

[Ms Parker]

The answers is

Yes. Senator, we’ve put a lot of our resources into supporting small business and we’ll continue to do so. We’re certainly developing material for this but we also have a dedicated small business helpline, and we’ve had 34,000 calls to that this year alone as in the financial year. And we have a small business showcase with a whole range of resources. The small business webpage was visited 50,000 times this year, we’ve got best practise guides and we have… So, we do put a lot of effort into small businesses and we’ll continue to do that. It’s important they understand what their, you know, obligations and rights are.

[Malcolm Roberts]

Well, I think it’s important just to mention chair, just in finishing up, that we’ve had a lot of contact with small business and small business organisations who are relieved that the bill went through last week, but now they need to make sure it’s implemented properly. So.

Thank you.

The monstrosity of the Fair Work Act is the first problem with our industrial relations. We have gone through the proposed legislation in detail and put together many amendments for the government to consider. While some of the amendments are more critical than others, we will be working with the government to get them over the line.

Casuals should be able to request conversion to full time, but making it compulsory for small business to offer the conversion is just more red tape they don’t need.

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.

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.

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

Last week in Canberra I was unable to give this speech in the Senate so I recorded so you could hear. The government is proposing changes to the the Industrial Relations system and I wanted to put my views on the record and say to the government that the IR system is broken and needs fixing. And simplifying.

Transcript

I serve the people of Queensland & Australia and want to discuss our shared need for:

  • Improving industrial relations to protect honest workers and employers
  • the bigger picture and a vision for a secure future.

And I will shine a light on the Industrial Relations Club, known as the IR Club. The root cause of most IR conflict.

We have listened to workers – casual and permanent – across Queensland and Australia. From Thursday Island to the Hunter to Tasmania, from Brisbane to Perth. We have listened to union bosses and union bodies. We have listened to small and medium sized businesses. We have listened to employer and industry groups.

We have listened to the government and to the opposition. I’ve worked underground at the coalface in five regions across our country, managed mines and negotiated and introduced IR changes improving safety, productivity and security. As a mining executive I introduced the Australian coal industry’s first radically new enterprise award, one proudly based on matching employees needs and employers’ needs.

Our people set records that stood for decades with extremely high worker retention and Australia’s best safety performance for large underground coal mines. Listening reveals that across our country, people are hurting, feeling vulnerable. Afraid for their jobs, afraid of the future.

Add to that Australians are hurting from the economic fallout from COVID with restrictions and lock-downs keeping us away from our jobs, businesses and loved ones. People feel confused, often despairing, even hopeless. Many feel powerless to improve their situation or their business, frustrated that this government didn’t listen and just listens to the IR Club.

And people like HV miner Simon Turner crippled, exploited and discarded due to abuses proving the complete failure of current Industrial Relations laws. People are angry. The “Industrial Relations Club, the IR Club” is alive and well. It keeps its members fat, well paid and secure – lawyers, courts, employer peak bodies like the BCA, major UB’s.

Driven to perpetuate conflict so they have something to “fix,” a reason for staying in existence. Using complexity to conjure issues that need lawyers and UB’s to sort. The primary workplace relationship between employee and employer has been shoved aside. The IR system is broken. And that’s destroying Australian industry and exporting jobs to China.

The IR Club perpetuates artificial restrictions that needlessly destroy productivity and job security and suppress wages. Restrictions hurting workers and employers. The Building & Construction General On-Site Award is almost 150 pages long with 80 separate allowances on top of the prescribed wage schedule.

Australia’s cabotage is another IR Club casualty – and guts national security, sovereignty and tax revenue. The IR Club’s other victims are small and medium sized business. Our economy’s engine room. The IR Club insists on a one size fits all from large multinationals with huge teams of lawyers through to small businesses. Queensland’s 445,000 small businesses are now under even greater pressure as a result of the govt’s COVID response.

And, as a result of the IR Club, small businesses are left with complex, unworkable IR rules that are not fit for purpose. The IR Club is one reason why small businesses and honest big businesses are angry. We need honest, competent leadership making decisions based on solid data and facts with strength of character and a willingness to serve our country’s people, Australians. A Prime Minister who tries to do good, not just look good.

One Nation protects workers’ rights and knows that only employers, entrepreneurs, small businesses and workers create jobs. The govt’s COVID restrictions have done enormous damage. Yet the govt-induced collapse is not an excuse to cut pay or job security. Instead, let’s reform IR together properly.

Transcript

Hi, one nation has voted to approve the government’s JobMaker scheme. You know, at first with JobMaker we had concerns and raised these openly in the Senate as we do. As senators, it’s our job to get the facts straight. So Pauline met with the treasurer and discussed the concerns we received from people about JobMaker.

The treasurer to his credit provided solid data and we have the courage and integrity to change our view and I want to tell you why. Firstly, it became clear that our youth have been hit particularly hard in terms of access to jobs. After the COVID-19 workplace restrictions started, the unemployment rate for 16 to 35-year-olds is 10.5%, 10.5. And for over 35, it’s 4%.

When we learned that it disturbed us and I’m sure it’ll trouble all Australians because we need our youth in jobs as soon as possible. They’re our future. And they’re also our future taxpayers for decades to come. And it costs our community and economy dearly when they disengage and languish at such a critical time in their lives.

You know travelling around Queensland, I’ve had many conversations with local business leaders and citizens who highlight that when our young people are not employed trouble follows, drugs, crime. Secondly, our concern was that jobmaker will allow a company to sack an older worker and replace them with a subsidised younger worker on JobMaker.

The treasurer showed us, this is not the case. The government has addressed this by ensuring an employer can only get JobMaker if the number of employees goes up. So there is simply no point in sacking an older employee to put on a younger worker, as this will not lead to any increase in the number of employees.

JobMaker would not be available and therefore would not motivate or drive this behaviour. Plus, there are serious penalties for such behaviour built in to the legislation. Finally, there were concerns that workers are worried that they will have their hours cut back so that a new worker can come in under JobMaker.

The protection put in place by the government is the requirement that states the number of hours must go up. It’s clear that JobMaker is only available to a business that can demonstrate extra hours being worked. There’s no point in cutting back hours of an existing employee to give to a new employee because JobMaker would not be available.

Plus there are serious penalties for such behaviour. Now we accept and we know that some employers don’t do the right thing. And that’s why there are financial penalties for employers who do the wrong thing.

And if a person feels they have been fired or had their hours cut back unfairly because of JobMaker, then that person can ring the tax department hotline anonymously to report the situation and have it investigated. Any employee is also free to report an employment matter to the fair work ombudsman for either a permanent reduction in hours or a dismissal.

Those protections have always existed for every Australian worker and one nation will ensure they always exist. One nation are for workers of all ages and we believe JobMaker will tackle the task of job recovery at its most critical point for our future economic prosperity.

Now I’m sure all people young and old care, really care and want to ensure the young are supported in this challenging period with very high unemployment for the young. All Australians care about our country’s future.

On Tuesday we supported 2 of 11 amendments to the JobMaker scheme but on receiving new information on Wednesday afternoon we changed our position. We listen and when we get new data we have the courage and integrity to review our position.

There was concern that employers would put off older workers and only employ younger workers to receive the JobMaker scheme.We now know this is not the case. The legislation only offers JobMaker for businesses who increase their payroll & head count. Sacking an elderly employee & hiring an under 35 wouldn’t qualify for a subsidy.

The Treasurer advised Pauline that unemployment in people 35 years of age or younger is 10.4%. In people older than 35 is 4%.There is a crisis for those in our community under 35. A job can make all the difference. When Covid restrictions came in unemployment increased 100%. And unemployment among younger people increased 150%.

Transcript

Hi, we just had a bit of a kerfuffle in the Senate about the job makers scheme. It’s to subsidise hiring of two groups of people. Those from 16 to 29 years of age, and those from 30 to 35 years of age. Yesterday, I spoke strongly opposed to it. And we then supported two amendments, two of 11 amendments. We rejected nine of Labor greens amendments, rejected nine, we supported two.

One was on reporting and the other one was on duplication. Here’s some new data. And when we get new data, we look at it, because we use these things, this thing, and our heart, and we assess the data honestly, and we don’t care what people think just because we changed our mind. We have the courage and the integrity to change our mind.

So here’s some of the data we got from the treasurer through Pauline today, she went in to see the treasurer, and we were told that the unemployment rate for those under 35 years of age is 10.4%. The unemployment rate for those over 35 years of age is just 4%. So that means the young have been really hammered. We’ve got to get those people back to work.

Another set of figures, the increase in unemployment, across all of Australia, due to the COVID restrictions, was 100%. The increase in unemployment due to the COVID restrictions on people under 35 years of age was 150%. So it’s really savaged the young. And we have to help these people back to work. Now, the treasurer gave us this data, and as I said, that caused us to rethink.

He also reassured us about the two amendments that we had previously supported. One was about reporting, and he assured us that the ATO will do that. And we also were reassured that the data will be reported to the COVID inquiry, the COVID committee. The second amendment was about duplication. We’ve been reassured on that too. The treasurer gave us the facts.

We have the courage and the integrity to change our position. Sadly, the Labor party and the greens are pitting old versus young. We know that that’s crap. That’s complete rubbish, because Australians care. And Australians who see those figures will do exactly what we’ve done. They’ll try and help the young and everyone. We know that all Australians care and will want this fixed.

And this programme is necessary to get the young back to work quickly. There are other programmes for other groups, and they’re at work already and have been at work in some cases for months. So that’s why we changed our position, because we’re honest and straight. No deal done, simply facts. Labor and the greens can’t understand that, because everything they do has to be grubby.