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senate vote 2022-12-01#9
Edited by
mackay staff
on
2022-12-08 10:58:22
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Title
Bills — Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022; in Committee- Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 - in Committee - Speed things along
Description
<p class="speaker">Barbara Pocock</p><p>by leave—I move Greens amendments (1) to (3), on sheet 1758, together:</p><p class="italic">(1) Clause 2, page 5 (after table item 32A), insert:</p><p class="italic">(2) Schedule 1, page 250 (after line 5), after Part 25A, insert:</p><p class="italic">Part 25B — Minimum wage</p><p class="italic"> <i>Fair Work Act 2009</i></p><p class="italic">659C Section 12</p><p class="italic">Insert:</p><p class="italic"><i>median national hourly wage</i> means the median weekly total cash earnings for all full-time employees paid at the adult rate of pay, most recently published by the Australian Statistician, divided by 38.</p><p class="italic">659D After subsection 294(1)</p><p class="italic">Insert:</p><p class="italic">(1A) The monetary amount per hour produced by the national minimum wage must at least equal 60% of the median national hourly wage.</p><p class="italic">Note: The national minimum wage must be expressed in a way that produces a monetary amount per hour (see section 295).</p><p class="italic">(3) Schedule 1, Part 26, page 263 (after line 15), after Division 19, insert:</p><p class="italic">Division 20 — Amendments made by Part 25B of Schedule 1 to the amending Act</p><p class="italic">85 Definitions</p><p class="italic">In this Division:</p><p class="italic"><i>phase in period</i>: see paragraph 87(1)(a).</p><p class="italic">86 Application of amendments — national minimum wage orders</p><p class="italic"> <i>Orders that come into o</i> <i>peration after phase in period</i></p><p class="italic">(1) Subsection 294(1A) (as inserted by the amending Act) applies in relation to a national minimum wage order that comes into operation after the end of the phase in period.</p><p class="italic"> <i>Orders made and that come into operation during pha</i> <i>se in period</i></p><p class="italic">(2) If a national minimum wage order is made, and comes into operation, during the phase in period, the national minimum wage set by the order must reflect the phase in referred to in subclause 87(1).</p><p class="italic">(3) Subclause (2) does not apply to the national minimum wage set by a national minimum wage order, if:</p><p class="italic">(a) FWC is satisfied that there are exceptional circumstances justifying the departure from the phase in, in relation to that particular national minimum wage order; and</p><p class="italic">(b) the national minimum wage order includes the FWC's reasons for the departure.</p><p class="italic">87 FWC must phase in increases in national minimum wage</p><p class="italic"> <i>FWC must determine rate of phase in</i></p><p class="italic">(1) In the first national minimum wage order that comes into operation after the commencement of the amending Act, the FWC must set out:</p><p class="italic">(a) the period (the <i>phase in period</i>) during which the effect of any increases in the national minimum wage that will be required because of subsection 294(1A) (as inserted by the amending Act) are to be phased in; and</p><p class="italic">(b) the rate of the phase in during that period.</p><p class="italic">(2) The phase in period must end no later than 6 years after the commencement of the amending Act.</p><p class="italic">(3) In determining the rate of the phase in, FWC must have regard to the following matters:</p><p class="italic">(a) the need to reduce inequality;</p><p class="italic">(b) the state of the economy;</p><p class="italic">(c) the circumstances of particular industries and classes of employers;</p><p class="italic">(d) any other matters the FWC considers relevant.</p><p class="italic"> <i>Special rules if a national minimum wage order is made shortly before </i> <i>commencement</i></p><p class="italic">(4) If the first national minimum wage order that is to come into operation after the commencement of the amending Act is made before that commencement, the FWC must, after that commencement and before the national minimum wage order comes into operation, make a determination varying the order so that the order complies with subclauses (1) to (3).</p><p class="italic">(5) To avoid doubt, subclause (4) applies despite paragraph 296(3)(a).</p><p class="italic">Note: Paragraph 296(3)(a) restricts the grounds on which a national minimum wage order can be varied.</p><p class="italic">(6) A determination made in accordance with subclause (4):</p><p class="italic">(a) comes into operation immediately after the order as unvaried comes into operation; and</p><p class="italic">(b) takes effect at the same time as the order.</p><p class="italic">(7) The following provisions apply to a determination made in accordance with subclause (4) as if the determination was made under Part 2-6:</p><p class="italic">(a) subsection 296(2) (publication requirements);</p><p class="italic">(b) subsection 617(3) (determination must be made by Expert Panel).</p><p class="italic">88 Application of amendments — ot her Commonwealth laws</p><p class="italic">(1) This clause applies in relation to a payment if:</p><p class="italic">(a) the payment is of a kind that is payable by the Commonwealth under a law of the Commonwealth (other than this Act); and</p><p class="italic">(b) the law requires the payment to be calculated (however described) by reference to the national minimum wage set by a national minimum wage order.</p><p class="italic">Note: A kind of payment to which subclause (1) applies may be a kind of payment that is also payable by persons other than the Commonwealth (for example, parental leave pay under the <i>Paid Parental Leave Act 2010</i>).</p><p class="italic">(2) A national minimum wage set by a national minimum wage order that comes into operation after the commencement of the amending Act does not apply for the purposes of the calculation of the payment.</p><p class="italic">(3) Subclause (2) does not apply if the payment is prescribed by the regulations.</p><p>These amendments would enshrine in law a new minimum wage—a living wage. The rising cost of housing, energy, food and everyday essentials, combined with low wage growth, means that many working people are living in poverty. In a rich country like Australia, people earning the minimum wage shouldn't be struggling to make ends meet.</p><p>These amendments lift the national minimum wage to a living wage, which we define, like many other countries, as 60 per cent of the median full-time weekly wage, as determined by the Australian Bureau of Statistics. The amendments will allow the Fair Work Commission to determine the phase-in period and the amounts for this increase, which should be no longer than six years. The Fair Work Commission must have regard in these amendments to matters including: reducing inequality; the state of the economy; and the circumstances of particular industries and classes of employers.</p><p>The Greens recognise the government's intention to lift wages through this bill, and that's to be applauded and it's long overdue, but we believe we need to lift the floor of the minimum wage so workers aren't in poverty and inequality narrows.</p> <p class="speaker">Sarah Hanson-Young</p><p>I move:</p><p class="italic">That the question be now put.</p><p>Question agreed to.</p><p>Original question negatived.</p> <p class="speaker">Malcolm Roberts</p><p>by leave—I move Pauline Hanson's One Nation amendments (1) to (8), on sheet 1768, together:</p><p class="italic">(1) Schedule 1, item 426, page 116 (before line 10), before the definition of <i>gender identity</i>, insert:</p><p class="italic"><i>COVID-19 vaccination status</i> means the status of a person relating to whether, and to what extent, the person has been vaccinated against the coronavirus known as COVID-19 (including any subsequent variants of that virus).</p><p class="italic">(2) Schedule 1, item 427, page 116 (line 17), after "intersex status,", insert "COVID-19 vaccination status,".</p><p class="italic">(3) Schedule 1, item 429, page 117 (line 3), after "intersex status,", insert "COVID-19 vaccination status,".</p><p class="italic">(4) Schedule 1, item 432, page 118 (line 3), after "intersex status,", insert "COVID-19 vaccination status,".</p><p class="italic">(5) Schedule 1, page 118 (after line 3), after item 432, insert:</p><p class="italic">432A Paragraph 351(2)(a)</p><p class="italic">Before "not unlawful", insert "for action taken other than because of a person's COVID-19 vaccination status—".</p><p class="italic">(6) Schedule 1, item 433, page 118 (line 6), after "intersex status,", insert "COVID-19 vaccination status,".</p><p class="italic">(7) Schedule 1, item 436, page 118 (line 23), after "intersex status,", insert "COVID-19 vaccination status,".</p><p class="italic">(8) Schedule 1, item 437, page 119 (line 23), omit "or intersex status,", substitute ", intersex status or COVID-19 vaccination status".</p><p>In proposing this bill, the government says the bill aims to secure jobs. My amendments on sheet 1768 go to the heart of ensuring job security and protecting workers' rights. To ensure job security, my amendments on sheet 1768 ensure that unjustified vaccine discrimination is stamped out in employment.</p><p>The original bill inserts breastfeeding, intersex status and gender identity as attributes that the Fair Work Act protects from discrimination. These amendments copy that approach and simply add COVID-19 vaccination as an attribute protected from discrimination. The protection is still subject to the limits imposed on the other discrimination grounds in the Fair Work Act. An employer, for example, will not be in breach of the antidiscrimination grounds where the employer can prove, as they should have to, that it is a genuine and reasonable requirement of the position. These amendments are reasonable. In their approach, they are not radical because they use and simply extend the existing mechanisms in the Fair Work Act.</p><p>We've long known that COVID vaccines do not stop transmission. Before this became apparent, getting vaccinated 'to protect others' was the justification many businesses used to roll out vaccine mandates that squashed people's jobs, livelihoods and careers. As a condition of keeping their job, many employees were coerced—and still are being coerced—into receiving COVID vaccinations and boosters they do not want. These vaccine mandates cannot be justified, given the fact vaccines do not guarantee protection from transmission. The New South Wales Personal Injury Commission recently agreed with this view, with workers' compensation being awarded for psychological distress stemming from the mandates in the determination of Dawking v Secretary (Department of Education), handed down on 3 November.</p><p>Sometimes the wheels of justice turn slowly, yet we are happy that judicial bodies are taking up this self-evident position that broad vaccination mandates cannot be justified. Despite this, mandates are still in effect across the private sector. It's clear that further legislative action needs to be taken. Businesses are simply ignoring the evidence against unjustified vaccine mandates. A clear message needs to be sent that unreasonable directions that infringe on workers' rights have no place in Australian workplaces.</p><p>Often, mandates do not even account for Australians who have accepted medical contra-indications to vaccination. The <i>Australian</i> newspaper reports that Qantas sacked a pilot for failing to comply with a vaccination mandate while he was off work, in a serious condition, being treated for bowel cancer. Separately, I have met with a Qantas employee, who after being injected with the first COVID injection, was rushed to hospital with severe, possibly life-threatening, disability due to the COVID injection. After hospital care and partial recovery, he returned to work, where Qantas insisted he get the second injection. He contested it and is now on vastly reduced pay on workers compensation. He fears his career with Qantas is finished That is discrimination.</p><p>This amendment seeks to reinforce workers' rights to refuse a workplace direction where it is not a reasonable and justified requirement of the job. It leaves no doubt for employees and employers that vaccine mandates must not be in place unless there is a reasonable and justifiable need for them. Minister, given that businesses continue to ignore workers' rights in this area, will the government support this amendment to reinforce the decisions of the Fair Work Commission and codify protections for workers against unreasonable workplace directions?</p> <p class="speaker">Anthony Chisholm</p><p>No.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2022-12-01.423.14) to "put the question". In other words, they voted to stop debate on the issue and instead [vote on it immediately](https://theyvoteforyou.org.au/divisions/senate/2022-12-01/10).
- #### Rebellion
- The Coalition was split on this vote, with South Australian Senator [Alex Antic](https://theyvoteforyou.org.au/people/senate/sa/alex_antic) (Liberal) and Queensland Senators [Gerard Renick](https://theyvoteforyou.org.au/people/senate/queensland/gerard_rennick) (Liberal) and [Matthew Canavan](https://theyvoteforyou.org.au/people/senate/queensland/matthew_canavan) (Liberal National Party) voting "Yes" against the rest of the Liberal and National parties, who voted "No".
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