Higher costs, red tape and job risk
Opponents argued the bill would make employing people more expensive and complex, especially for small business, and that this could reduce hiring, productivity and wages growth rather than help workers.
This bill became law on Dec 14th, 2023.
Work & employment
Casual workers who are really working like permanent staff can choose to move to full-time or part-time jobs instead of staying casual against their wishes.
Loopholes in workplace law let labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. undercut enterprise pay, kept some permanent-like workers casual, and left gig and road transport workers without fair minimum standards. The bill closes those gaps by letting eligible casuals choose permanent jobs, protecting agreement rates, creating wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose. and industrial manslaughterA serious offence for workplace conduct that causes a death, added here to punish the worst safety failures more harshly. offences, and expanding Fair Work CommissionThe federal workplace tribunal that can decide certain disputes, approve agreements and, under this bill, set some minimum standards and orders. powers.
After the Albanese government’s 2022 Secure Jobs, Better Pay changes, the workplace system still let some employers keep permanent-like staff casual, use labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. to undercut enterprise agreementA workplace agreement that sets pay and conditions for a group of workers, often at or above award minimums. rates, and leave gig and road transport workers with weak minimum protections. The Closing Loopholes bill was introduced in September 2023 to target those gaps, then passed in December with amendments and a split into two bills before receiving Royal AssentThe formal final step that turns a passed bill into an Act of Parliament. on 14 December 2023.
Critics said the bill was too broad and rushed, and would raise costs, add red tape and legal uncertainty for employers while risking jobs, productivity and flexible work. Those objections were led by Coalition speakers and some business voices, with several criticisms focused on union and Fair Work CommissionThe federal workplace tribunal that can decide certain disputes, approve agreements and, under this bill, set some minimum standards and orders. powers and on drafting changes they said still needed refinement.
Hon Tony Burke MP introduced this bill. In the Senate final vote, support came from Labor, Greens, Jacqui Lambie Network, some crossbench members; opposition came from Liberal Party, Nationals, One Nation, UAP, some crossbench members.
Did it become law?
Yes
Became law 14 Dec 2023
Final passage
Recorded final vote
3 counted final-passage votes were recorded.
Passage speed
101 days
From introduction to the latest recorded parliamentary step
Meaning
Casual workers who are really working like permanent staff can choose to move to full-time or part-time jobs instead of staying casual against their wishes.
Labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. workers can be ordered to get at least the host business's agreement pay rates, so companies cannot use labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. to undercut directly employed staff.
Intentional wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose. becomes a criminal offence, and small businesses that follow a new voluntary compliance code are meant to be protected from criminal prosecution.
The Fair Work CommissionThe federal workplace tribunal that can decide certain disputes, approve agreements and, under this bill, set some minimum standards and orders. can set minimum standards for low-bargaining-power gig workers and regulated road transport contractors.
Federal work safety law adds industrial manslaughterA serious offence for workplace conduct that causes a death, added here to punish the worst safety failures more harshly. and lifts penalties for the worst safety breaches, aiming to punish workplace deaths more harshly and deter them.
The amendments made by this Part of the Bill would provide casual workers with a greater ability to make a choice about their employment status, by providing a pathway to move to permanent employment if they wish. Under the amendments, an employee would have the opportunity to move from casual employment where they are in fact working like a permanent employee. The choice to change status would rest with the employee; no employee would be forced to change employment status. Rather, the amendments would strengthen the pathway to permanent work for employees who choose it.Fair Work Legislation Amendment (Closing Loopholes) explanatory memorandum
If the FWC made such an order, labour hire providers would generally be required to pay their employees no less than what they would be entitled to be paid under the host business’ enterprise agreement (or other employment instrument) if the employee were directly employed by the host. Host businesses would also be required to provide certain information to labour hire providers on request to assist them in meeting their payment obligations.Fair Work Legislation Amendment (Closing Loopholes) explanatory memorandum
The Fair Work Ombudsman will be able to enter cooperation agreements with employers who come forward, and, as was requested by COSBOA, a new Voluntary Small Business Wage Compliance Code will provide assurance to small-business employers that they can't be pursued criminally if they take appropriate steps to comply with the law.Minister's second reading speech
insert a new jurisdiction enabling the FWC to set minimum standards orders and minimum standards guidelines in relation to employee-like workers performing digital platform work and regulated road transport industry contractors;Fair Work Legislation Amendment (Closing Loopholes) explanatory memorandum
Introducing a new offence of industrial manslaughter in the Work Health and Safety Act 2011, reflecting recommendations 23b of the Review of the Model Work Health and Safety Laws – Final Report (Boland Review) and 13 of the They Never Came Home Report (Senate Inquiry), and significantly increasing the penalties for the existing Category 1 offence.Fair Work Legislation Amendment (Closing Loopholes) explanatory memorandum
Context
After the Albanese government’s 2022 Secure Jobs, Better Pay changes, the workplace system still let some employers keep permanent-like staff casual, use labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. to undercut enterprise agreementA workplace agreement that sets pay and conditions for a group of workers, often at or above award minimums. rates, and leave gig and road transport workers with weak minimum protections. The Closing Loopholes bill was introduced in September 2023 to target those gaps, then passed in December with amendments and a split into two bills before receiving Royal AssentThe formal final step that turns a passed bill into an Act of Parliament. on 14 December 2023.
Secure Jobs, Better Pay reforms leave further gaps to address
In his second reading speech, Tony Burke said the government’s 2022 workplace reforms had improved jobs and wages but that more changes were needed to deal with casual conversionThe process that lets a casual worker move to permanent full-time or part-time work when the legal test is met., labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. undercutting and weak protections in gig and road transport work.
Hansard ↗Government introduces the Closing Loopholes bill
The bill was introduced to reshape the Fair Work framework by creating an employee choice path to permanent work, tackling labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. undercutting, criminalising intentional wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose. and expanding minimum standards powers.
Australian Parliament House ↗House passes the bill after amendments
After consideration in detail and agreed amendment packages, the bill cleared the House and moved on in an amended form.
Parliamentary timeline ↗Parliament passes the bill and divides it into two measures
Both houses settled the legislation with Senate amendments, and the package was divided into the Closing Loopholes bill and the Closing Loopholes No. 2 bill before final passage.
Parliamentary timeline ↗Royal AssentThe formal final step that turns a passed bill into an Act of Parliament. turns the bill into law
Royal AssentThe formal final step that turns a passed bill into an Act of Parliament. completed the bill’s passage and made the new workplace law changes operative as an Act of Parliament.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Committee (07/09/2023): Senate Education and Employment Legislation Committee; Inquiry confined to consideration of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (07/12/2023) ; Committee report (01/02/2024)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Recorded vote: 78 to 62.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Consideration in detail debate
The chamber considered amendments before the bill moved to the next stage.
Consideration in detail debate
Recorded vote: 78 to 63.
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Recorded vote: 32 to 25.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Recorded vote: 32 to 25.
The chamber considered amendments before the bill moved to the next stage.
Third reading agreed to :
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form. The main accepted Senate changes reflected in the final bill were: The introduced and as-passed bill texts differ in 4 observed text blocks. Observed added text: "Part 8—Family and Injured Workers Advisory Committee Work Health and Safety Act 2011The federal workplace safety law that this bill amends to raise penalties and add industrial manslaughter. 74 After Part 3 of Schedule 2 Inse…".
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
Critics said the bill was too broad and rushed, and would raise costs, add red tape and legal uncertainty for employers while risking jobs, productivity and flexible work. Those objections were led by Coalition speakers and some business voices, with several criticisms focused on union and Fair Work CommissionThe federal workplace tribunal that can decide certain disputes, approve agreements and, under this bill, set some minimum standards and orders. powers and on drafting changes they said still needed refinement.
Criticism was strong but largely concentrated in the Coalition and employer camp.
Higher costs, red tape and job risk
Opponents argued the bill would make employing people more expensive and complex, especially for small business, and that this could reduce hiring, productivity and wages growth rather than help workers.
Too much power for unions and the Fair Work Commission
A recurring criticism was that the reforms would shift too much control to unions and the Fair Work CommissionThe federal workplace tribunal that can decide certain disputes, approve agreements and, under this bill, set some minimum standards and orders., letting them intervene more heavily in bargaining, labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. and workplace disputes.
Unclear drafting and implementation risk
Some critics said key parts of the bill, especially the same job same payThe bill's idea that labour hire workers should not be paid less than direct employees doing the same work at the host business. and casual work rules, were not drafted clearly enough and could capture service contractors or create hidden liabilities unless narrowed or better defined.
Rushed process and need for more scrutiny
Opponents also argued the package was being pushed through too quickly for a large industrial relations overhaul, and said it should have gone to further inquiry before Parliament finalised it.
Further sources
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
Passed 32 to 25. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
Passed 78 to 63. Support came from Labor, Greens, and Katter's Australian Party. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
Passed 78 to 63. Support came from Labor, Greens, and Katter's Australian Party. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
Earlier bill-stage votes
Passed 32 to 25. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
Passed 32 to 25. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
Passed 78 to 62. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.
House
Defeated 62 to 80. Support came from Liberal Party, Nationals, and Centre Alliance. Opposition came from Labor, Greens, and Katter's Australian Party. Minor-party and independent votes were split.
Defeating the amendment kept the bill on a faster timetable and avoided a delay to the House debate schedule.
Defeated 63 to 80. Support came from Liberal Party, Nationals, and Centre Alliance. Opposition came from Labor, Greens, and Katter's Australian Party. Minor-party and independent votes were split.
Defeating the referral motion kept the bill moving in the House without committee inquiry delay.
Passed 73 to 55. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
Carrying the closure allowed the House to proceed straight to the Senate-message amendments and final consideration.
Defeated 9 to 91. Support came from Centre Alliance. Opposition came from Labor, Liberal Party, Nationals, and Greens. Minor-party and independent votes were split.
The proposed change was not agreed.
Defeated 48 to 72. Support came from Liberal Party, Nationals, and Centre Alliance. Opposition came from Labor and Greens. Minor-party and independent votes were split.
The proposed change was not agreed.
Passed 74 to 52. Support came from Labor and Greens. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
Carrying the motion completed House consideration of the Senate changes and allowed the bill to be finalised for passage.
Defeated 60 to 82. Support came from Liberal Party, Nationals, and Centre Alliance. Opposition came from Labor, Greens, and Katter's Australian Party. Minor-party and independent votes were split.
The proposed change was not agreed.
Passed 79 to 60. Support came from Labor, Greens, and Katter's Australian Party. Opposition came from Liberal Party, Nationals, and Centre Alliance. Minor-party and independent votes were split.
Carrying the amendments strengthened the government’s negotiated version of the bill before the later Senate-message stage.
Defeated 9 to 57. Support came from Centre Alliance. Opposition came from Labor, Greens, and Katter's Australian Party. Minor-party and independent votes were split.
Defeating the amendment left the bill's existing small-business settings unchanged.
Defeated 9 to 60. Support came from Centre Alliance. Opposition came from Labor, Greens, Katter's Australian Party, and Nationals. Minor-party and independent votes were split.
Defeating the amendments preserved the government's broader casual employment changes in the bill.
Defeated 9 to 59. Support came from Centre Alliance. Opposition came from Labor, Greens, Katter's Australian Party, and Nationals. Minor-party and independent votes were split.
Defeating the amendments kept the delegates’ rights and underpayment entry provisions in the bill.
Defeated 6 to 55. Opposition came from Labor, Greens, Katter's Australian Party, and Nationals. Minor-party and independent votes were split.
Defeating the amendments left the bill's tighter casual employment tests and conversion pathways unchanged.
Defeated 6 to 55. Opposition came from Labor, Liberal Party, Greens, and Katter's Australian Party. Minor-party and independent votes were split.
Defeating the amendments kept the bill's revised casual employment framework intact.
Passed 81 to 41. Support came from Labor and Katter's Australian Party. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.
Carrying the amendment would have required the new parts of the bill to be reviewed after commencement, giving parliament a chance to revisit the reforms.
This amendment would remove several casual employment changes and tighten the conversion rules, including extending notice periods and limiting conversion rights.
This amendment would remove several casual employment changes and tighten the conversion rules, including extending notice periods and limiting conversion rights.
Passed on the voices
The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.
This amendment would require regulated labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. orders only where the work is genuinely labour supply, not a service arrangement.
This amendment would require regulated labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. orders only where the work is genuinely labour supply, not a service arrangement.
Passed on the voices
The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.
This amendment would add a statutory review of the bill’s amendments and also tighten some casual employment and wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose. provisions.
This amendment would add a statutory review of the bill’s amendments and also tighten some casual employment and wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose. provisions.
Passed on the voices
The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.
This amendment would add a new schedule changing the Fair Work small business threshold from 15 employees to 50 full-time equivalent employees.
This amendment would add a new schedule changing the Fair Work small business threshold from 15 employees to 50 full-time equivalent employees.
Passed on the voices
The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.
This amendment would add protections for intractable bargaining determinations and limit departures from existing enterprise agreementA workplace agreement that sets pay and conditions for a group of workers, often at or above award minimums. terms.
This amendment would add protections for intractable bargaining determinations and limit departures from existing enterprise agreementA workplace agreement that sets pay and conditions for a group of workers, often at or above award minimums. terms.
Passed on the voices
The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.
This amendment would remove the bill’s workplace delegatesWorkers chosen to represent colleagues at work, whose rights and protections are expanded and contested in the bill. and suspected underpayment certificate provisions.
This amendment would remove the bill’s workplace delegatesWorkers chosen to represent colleagues at work, whose rights and protections are expanded and contested in the bill. and suspected underpayment certificate provisions.
Passed on the voices
The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.
This amendment would extend the protected rate of pay exception period and narrow the employee-like worker test.
This amendment would extend the protected rate of pay exception period and narrow the employee-like worker test.
Passed on the voices
The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.
This amendment would confine the digital labour platformAn app or online platform that matches workers with jobs or tasks, such as gig work platforms covered by the bill. rules to government funded labour services and exclude broader private platform work.
This amendment would confine the digital labour platformAn app or online platform that matches workers with jobs or tasks, such as gig work platforms covered by the bill. rules to government funded labour services and exclude broader private platform work.
Passed on the voices
The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.
Government amendments tighten the bill by delaying the new employment definition, softening casual conversion rules, creating minimum standards for digital platform workers, and refining labour hire, workplace delegates, mediation, injured workers, and asbestos-silica provisions.
Passed on the voices
The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.
Senate
Defeated 25 to 32. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Minor-party and independent votes were split.
Defeating the amendment meant the Senate continued with the bill without adding the proposed inquiry and criticism statement.
Defeated 25 to 31. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Minor-party and independent votes were split.
Defeating the amendment left the bill without the narrower labour-hire definition sought by the mover.
Passed 32 to 25. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
Carrying the government’s position on the bill as amended required the Senate to reject the opposition package and keep those parts in the bill.
The Senate recorded this proposed amendment as defeated on voices without a counted division.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The Senate agreed to amendments on sheets ZE249, ZC225 and ZB276 on voices.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
This list includes amendment votes, procedural votes and votes on the bill itself.
The parliamentary record also shows 2 Crossbench amendments agreed without a counted division.
Parliamentary debate
Start here — lead voices
Mr Burke supports the bill and argues it is needed to close loopholes that let employers undercut pay and conditions, including wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose., casual misclassification, labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. loopholes and weak protections for gig and road transport workers.
Read in Hansard ↗Fletcher opposes the bill and says the coalition will not support it because it will raise costs, add red tape, and weaken productivity and jobs while handing more power to unions.
Read in Hansard ↗Barbara Pocock says the Greens support the bill because it will deliver urgent worker protections, including action on wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose., labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. loopholes, domestic violence protections and union delegate rights.
Read in Hansard ↗Dai Le opposes the bill and moved a substitute motion declining to give it a second reading.
Read in Hansard ↗All speeches by bloc
44 speakers · 47 contributions · 44 support
“Those workers have waited long enough, so today I ask the parliament to come together and close the loopholes that undercut pay and conditions this year.”Read the full speech in Hansard ↗
“It's a privilege every day to be a member of parliament, and moments like this, when we get to make changes to improve lives, to save lives, is a reminder of that. I'm really proud to be part of a government that is standing up for what is right and what is fair, and I commend the bill to the House.”Read the full speech in Hansard ↗
“That's why parliament needs to support this bill—because it will make a real difference to these workers' lives and because it will mean that our country lives up to that value of fairness that we like to hold up and extends that fairness across our community to all workers. I commend the bill to the House.”Read the full speech in Hansard ↗
“I'm pleased to speak in support of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023.”Read the full speech in Hansard ↗
“We are going to turn the wheel to make working conditions in Australia fairer and safer for Australian workers. That's what Australians deserve. That's what they insist upon, that's what they voted on, and that's what the Albanese Labor government will be delivering.”Read the full speech in Hansard ↗
“But many Australians are not receiving the full benefit of these changes because of loopholes that allow pay and conditions to be undercut. For these workers, the minimum standards in awards and enterprise agreements are words on a page with little relevance to their daily lives. This legislation critically rebuilds a foundation for fairness in workplace relations, particularly for those most vulnerable. That's why I chose a career in workplace relations before this place: I was committed to fairness in the workplace. I congratulate the Minister for Employment and Workplace Relations for making these changes a priority, the Australian union movement for their powerful advocacy and the Australian Public Service for doing the hard work in terms of consultation and bringing this legislation forward. I commend this legislation to the House.”Read the full speech in Hansard ↗
“These loopholes need to be closed urgently and frankly. We need many of them closed yesterday, and much sooner than that too. For these reasons and so much more, I commend this bill to the House.”Read the full speech in Hansard ↗
“So this bill is a reasonable balance. This bill closes loopholes that shouldn't be there. In contradiction to what those opposite are saying, it is not going to damage productivity.”Read the full speech in Hansard ↗
“I am proud to support this bill and be part of a government that takes Australian workers' rights seriously, and I commend this bill to the House.”Read the full speech in Hansard ↗
“This bill, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, does deliver the change that is needed for so many.”Read the full speech in Hansard ↗
“The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 is not just about helping workers but about helping good employers, the people we on this side actually represent, who are being crushed. These people are being crushed by thieves, fraudsters, the corporate racketeers and the industrial murderers—the big businesses who don't play by the rules and drove a race to the bottom on wages, conditions and safety. This bill is about standing up to those bottom feeders, like Qantas and BHP, and saying on behalf of workers and good employers alike, 'Enough is enough.'”Read the full speech in Hansard ↗
“In summary, the changes set out in this bill will strengthen the current workplace relations framework. Australians can breathe a sigh of relief that they no longer have a government that keeps wages low deliberately and fails to act to protect their rights at work. The Albanese Labor government was elected to get wages moving again and to ensure that workers aren't being exploited. By closing down the loopholes that are undermining workers' wages and conditions, we are doing just that. I thank the minister for introducing this bill. I am proud to be supporting it in this place.”Read the full speech in Hansard ↗
“This bill does exactly what it says it does. It closes loopholes. It seems an obvious thing, but loopholes that mean Australian workers are unfairly underpaid or have unsafe or unfair work conditions should be eliminated. I'd like to thank the Australian Services Union for their submission. Australians, as a whole, are a hardworking bunch, and we in government want to see them be able to get ahead as a result of their labours, and that's what this bill does”Read the full speech in Hansard ↗
“This bill is so important. It provides fairer and safer workplaces for tens of thousands of workers in my home state of Tasmania and for hundreds of thousands of workers across Australia. It's helping our government meet the objectives we set out before the election: for a better and fairer Australia where no-one is left behind. I commend the bill to the House.”Read the full speech in Hansard ↗
“I wholeheartedly commend this bill to the House.”Read the full speech in Hansard ↗
“It is for these reasons that I am very proud to support this bill and to defend Australian workers from exploitation and from being neglected.”Read the full speech in Hansard ↗
“That is why we're working hard in this bill to close those loopholes.”Read the full speech in Hansard ↗
“For those reasons I commend this bill to the House.”Read the full speech in Hansard ↗
“I commend the bill to the House.”Read the full speech in Hansard ↗
“It gives me great pride to speak on the Fair Work Legislation Amendment (Closing Loopholes) Bill in terms of ensuring that we create a safer, fairer environment for workers in Australia.”Read the full speech in Hansard ↗
“We announced all four of these policies while we were in opposition more than two years ago, and we took them to the Australian people at the election. They endorsed it when they are elected an Albanese Labor government. But we don't only have a mandate for this legislation; we actually have a responsibility.”Read the full speech in Hansard ↗
“In rising to support the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, I want to have a conversation with the Australian people about why I think this is legislation worth supporting.”Read the full speech in Hansard ↗
“There are four main areas in this very comprehensive piece of legislation that I rise to support, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. We're cracking down on the labour hire loophole that's used to undercut pay and conditions. We are criminalising wage theft. We are properly defining casual work so casuals aren't being exploited. And we're making sure gig workers aren't being ripped off. I'm also pleased that there are measures that support emergency services workers who have PTSD as a result of their work and that support victims of domestic violence.”Read the full speech in Hansard ↗
“As a member of the Albanese Labor government, I could not be more proud than to stand in this chamber tonight to speak on the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, which was introduced by my colleague the Leader of the House and Minister for Employment and Workplace Relations. This legislation is incredibly important. If you were interested in creating fair and just workplaces in Australia, then you would be supporting this bill.”Read the full speech in Hansard ↗
“We were elected on the mandate to get wages moving, to make workplaces fairer for everyday Australians. In conclusion, that's exactly what they've done. I certainly commend the bill to the House.”Read the full speech in Hansard ↗
“This is an important piece of legislation for Australia. It responds to changing demographic trends over the last 25 years, it responds to changes in technology and in consumer and worker preferences, it updates our industrial relations system to provide flexibility and security for Australian workers who badly need it, and closes loopholes to make our system fairer and more just. I commend this bill to the House.”Read the full speech in Hansard ↗
“These laws will strengthen the current workplace relations framework and provide certainty, fairness and a level playing field for both businesses and workers.”Read the full speech in Hansard ↗
“This bill is transformative. It will make our industrial relations framework fairer. It is important that this bill passes the parliament.”Read the full speech in Hansard ↗
“I commend the bill to the House, and I commend the minister for his constructive work with businesses, with unions, with the community sector and with Australians in bringing this important bill to the House and in closing the many loopholes that are open right now and whose presence is hurting too many workers today.”Read the full speech in Hansard ↗
“Among the other wideranging amendments, I'd like to focus on the changes introduced by this bill that close the labour hire loophole. These will benefit 67,000 workers who have been disadvantaged by this practice. This will be life-changing for these individuals and families. It sends a strong signal to companies that they have been undercutting workers and, frankly, that is unacceptable. The previous government, despite being well aware of the harm caused by these loopholes to so many workers in this country, chose not to address this during their tenure. They chose to deny it. They chose to ignore it. It is characteristic of much of the previous Liberal government. While they did this, the outsourcing of labour in Australia soared under their watch. I have seen on some mine sites that, when this happens, when you see a race to the bottom on wages, you see a race to the bottom on safety. We need to make sure that you get the right behaviours, and the right behaviours include the right pay. Initially intended as a temporary solution, labour hire has been increasingly used to circumvent negotiated enterprise bargaining agreements and conditions. That is not the intention for labour hire. Statistics provided by the ABS show that labour hire employment growth has outpaced general employment growth. It is unacceptable, and I'm glad that this Labor government is dealing with that in this legislation. I commend the bill to the House.”Read the full speech in Hansard ↗
“The reforms encapsulated in this bill are not just necessary but long overdue. These are the sorts of measures that the Australian people expect from a Labor government. This is the historical and enduring responsibility of what Labor governments should be doing—to make and unmake social conditions in favour of the least powerful and, often, the most poorly paid workers, many of whom are in my electorate of Calwell.”Read the full speech in Hansard ↗
“In closing, these reforms are a testament to our commitment to building a fairer and more just Australia for everyone. We will continue to engage in extensive consultation and remain steadfast in delivering on the promises we make to the Australian people. Together, we will create a future where workers are not taken for granted, businesses thrive and everyone follows the same laws. I commend this bill to the House.”Read the full speech in Hansard ↗
“We announced these policies 2½ years ago. They haven't come out of the blue, as some would like to claim. They haven't been cooked up in the last six months. They're 2½ years old. Everybody knew that we took these policies to the last election, employer groups included. And the Australian people voted for them. We've got a mandate to deliver them, and that's what we're doing. The introduction of this bill follows months of extensive consultations, including with employer and union groups, and it's clear that these are distinctly Australian reforms, reflecting that fair go that I mentioned earlier.”Read the full speech in Hansard ↗
“We are delivering on that promise on this reform—the election commitment we made to the Australian people. We are delivering on that promise for all Australians, and I'm very pleased to support this legislation. As I said, these are not radical changes. All we are doing is making the current laws work effectively for all Australians. These laws will strengthen the current workplace relations framework and provide certainty, fairness and, importantly, a level playing field for both businesses and workers.”Read the full speech in Hansard ↗
“The delaying tactics are obvious—the silly little quorum counts, the pathetic tantrums, the fake points of order. Those workers have waited long enough. So today the parliament should pass this bill.”Read the full speech in Hansard ↗
“I commend this bill to the House, and I commend the minister for his tireless work, working with such a broad range of stakeholders, to bring this law forward to close loopholes. It will deliver a better future for all Australians.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Mary Doyle on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Doyle supports the bill and says it delivers fairer, safer workplaces by closing loopholes on casual work, labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay., wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose., gig work and family violence leave. Her main argument is that it gives workers stronger protections and more certainty while still leaving room for honest small businesses.
“The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 is primarily focused on delivering fairer and safer workplaces. It provides employers with clarity about the government's expectations. When it comes to business practice and relationships with workers and contractors, it may well be the most meaningful piece of industrial relations legislation in a generation. It is landmark legislation that encourages an ethical and moral workplace culture which has the people at its heart whilst also protecting the economic interests of the business.”Read this contribution in Hansard ↗
Second reading speech
Doyle strongly supports the bill, saying it sets minimum standards, closes loopholes that exploit workers, and puts flexibility, security and fairness at the centre of industrial relations policy. She urges the House to pass it because it supports all working Australians.
“I commend this bill to the House, and I urge all in this parliament to support it because this bill supports all working Australians and they deserve to be looked after.”Read this contribution in Hansard ↗
“So, as I say, this bill is an election commitment, we are absolutely behind it and we made this commitment. In many respects, we made the commitments that are contained within this bill prior to even the last term. In some cases these commitments were made some years ago. So it is entirely proper that the government seek to undertake the commitments it made to the Australian people to make sure we lift wages and that we improve security of employment where we can in this country, and that we provide opportunities for casuals who have been working for a significant period on a permanent roster to at least be able to request a conversion to permanent employment.”Read the full speech in Hansard ↗
“Ingrained in this country's DNA are some basic standards of fairness, including the idea that, if you work hard in this country, you'll get ahead. That's what this bill is about. I'm proud that this government recognises the importance of working collaboratively with the employer to get good outcomes across all workplaces in Australia, and I'm proud of the trade union movement, particularly the mighty Transport Workers Union. You have always been on the side of workers. Thank you for standing up for all working people who want a better life.”Read the full speech in Hansard ↗
“In closing, with this bill we continue the mission of all Labor governments who came before us, to make sure that safe and fair working conditions remain enshrined as foundations of our Australian way of life. I commend this bill to the House and I urge all in this parliament to support it, because, when we support it, we are supporting all working Australians.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Anne Stanley on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Anne Stanley strongly supports the bill and says it is a necessary update that strengthens workplace rights, especially by improving casual conversionThe process that lets a casual worker move to permanent full-time or part-time work when the legal test is met. rules, closing labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. loopholes, and setting protections for gig and transport workers. She presents it as part of Labor's promise to deliver fairer pay, more security, and safer work.
“This country has seen in recent years any number of attacks on workers and their rights. Who could forget Work Choices in 2005? Certainly not the workers of this country; their rights to collective bargaining and protection from unfair dismissal were severely threatened and curtailed. And certainly not the unions; their power to protect the rights of their members was similarly threatened to the point of extinction. Thankfully, the Australian public completely rejected the extremist Work Choices agenda. At the ensuing federal election in 2007, the then Prime Minister lost not only government but his seat. It was a devastating indictment of a leader in a government that went way too far. It was equally an emphatic demonstration that the Australian public want workplace protections. They want to be treated fairly and respectfully in the workplace. In short, they don't want to be ripped off. Those of us on this side of the chamber have always known this. Protecting the worker and their rights isn't something we pay lip service to. It isn't something we just note and then file away. On the contrary, it's something we passionately believe in. That's why I'm delighted to speak on this bill today.”Read this contribution in Hansard ↗
Second reading speech
Stanley supports the bill and says it will strengthen worker rights and safety, including tougher penalties for safety breaches, criminalising wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose., and better protections against sham contracts. She presents it as a long-consulted Labor commitment and commends it to the House.
“The bill is the culmination of more than a year of consultation from across the Australian economy and is a continuation of our commitment as a government to protecting and strengthening the rights of workers. That was the Albanese Labor government's election commitment, and it's what good Labor governments do. I'm honoured to speak on this bill, and I commend the bill to the House.”Read this contribution in Hansard ↗
“At the election, voters elected a government who would work for them—who would stop the race to the bottom on wages and conditions and make sure they got a fair day's pay for a fair day's work. This bill delivers on that commitment and will help create a better, fairer future for workers. I thank the House.”Read the full speech in Hansard ↗
“There are a raft of changes in this bill, but the overall intent is clear: we seek to breathe life and put teeth into our election promise of secure work and better pay. I commend this bill to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Tracey Roberts on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Roberts supports the bill and says it will close loopholes to protect workers, strengthen safety, and give casual and gig workers fairer pathways to permanent work and proper employment entitlements. She presents it as a step toward fairer workplaces and clearer rules for employers.
“The bill would amend the Fair Work Act 2009 and related legislation to close loopholes to protect Australian workers and strengthen the work health and safety framework.”Read this contribution in Hansard ↗
Second reading speech
Roberts supports the bill and urges the House to pass it, saying it will improve job security, lift wages, crack down on wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose. and sham contractingWhen a worker is treated as an independent contractor on paper even though the real working relationship looks like employment., and strengthen workplace safety and bargaining rights. She presents it as a fairer framework for workers and criticises the loopholes it closes.
“I stand here today proudly representing the hardworking families of Pearce, and I urge support for the bill. This is the legislation that will deliver the job security and wages growth for our families in need.”Read this contribution in Hansard ↗
44 speakers · 46 contributions · 44 oppose
“The coalition will not be supporting this bill.”Read the full speech in Hansard ↗
“It's a very sad day, because we haven't got the time today to go through all of the different things, but hopefully now, with the Australian people, the industry sectors will apply a lot of scrutiny to the provisions of this bill, because there is so much buried here in this legislation that the government is trying to get away with with this complex and unnecessary legislation. We would urge the government to simply drop this legislation. I just think that now is exactly the wrong time in the economic cycle to be artificially increasing wages through extreme measures against business, with no productivity gains. You couldn't get a worse time, for cost of living and inflation, to do this to the economy.”Read the full speech in Hansard ↗
“This bill, if implemented, will cripple Australian businesses, small to large alike—smashed by heavy-handed red tape, backbreaking complexity and immeasurable cost. The bill offers no improvements in terms of productivity, and adds to the cost-of-living pressures already felt by Australian businesses, families and workers. It will unquestionably add billions to the wage bills of small to large businesses alike, while offering little in terms of uplift and flexibility for workers, who will find themselves stuffed into one-size-fits-all suiting with union overlords looking over their shoulder.”Read the full speech in Hansard ↗
“This is a vital time for Australia. With the cost of living and payments rising, productivity falling and the population ageing, now is not the time to turn back towards the failed approach of the past. This legislation is a 1,000-page dead weight on Australian business. This is not the solution for our times, and that is the reason that we oppose it.”Read the full speech in Hansard ↗
“This bill will result in fewer jobs, more costs to Australian businesses and a weaker economy. The laws will tie up Australian businesses in more red tape and make it more difficult for Australian businesses to hire workers. That's why the coalition will not be supporting this bill.”Read the full speech in Hansard ↗
“Before concluding my remarks on this bill, I would like to move, at the request of Senator Cash, a second reading amendment, which has been circulated in the chamber:”Read the full speech in Hansard ↗
“I'm really concerned about the impact this will have on our wonderful small businesses—the courageous people who mortgage their homes just to have a go, the ones who offer other Australians jobs. That's what they do, and this bill treats them almost as if they were the enemy instead of being the people who employ other Australians.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Keith Wolahan on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Wolahan opposes the bill, saying it is an omnibus industrial relations overhaul that will add complexity, costs and red tape and hurt productivity and employment. He also argues it expands union powers too far and makes wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose. laws too broad, urging the government to refine the bill.
“This proposal will increase costs, increase complexity and add red tape to an already highly regulated system. Ours is one of the most regulated employer-employee systems in the world. For those who are contemplating starting a business, this is just another reason to say no, to not bother. That's the last thing we need in this economy.”Read this contribution in Hansard ↗
Second reading speech
Wolahan argues the bill is an overcomplicated omnibus that will add to the Fair Work Act's burden on small and medium businesses. He says some of its aims are legitimate, but they should have been separated out rather than bundled together, so he does not back the bill as drafted.
“If we look to the Fair Work Act, it's already at over 1,000 pages. This omnibus bill seeks to add hundreds more to that sort of complexity. When we look small and medium business owners in the eye and say, 'We are helping you in this tough time,' this is isn't the way that that should be done. There are some legitimate things that are being closed in this omnibus bill, and they have our support. But they should have been carved out; they shouldn't have been lumped together in what we have here. There are many other businesses that are on the edge. They need our support so that they can stay afloat and continue to employ Australians. Thank you.”Read this contribution in Hansard ↗
“They have issues because they can't get access to foreign workers, they have issues because their power bills are through the roof, they have issues because their gas bills are through the roof and they have issues because of the pressure coming onto them, and now they have this IR legislation that comes in over the top.”Read the full speech in Hansard ↗
“We're not going to support reforms that will weaken our economy and continue to make a bad situation worse for Australian small businesses and families, and I urge the government to come out from its battlements, listen to the community on this issue and stop hiding behind its loopholes once and for all.”Read the full speech in Hansard ↗
“I'll go back to the legislation again. Take the context of its time: we have productivity at an all-time low, with a six per cent drop in 12 months. This is something that we've not seen before. Every step that this government must take should be towards increasing productivity. Every piece of legislation put forward by this government should aim to increase productivity. If it doesn't do so, then it is failing the Australian people. A continued lack of focus on productivity will result in a continued reduction in real wages. That connection is long established; it will continue until kingdom come and I think that is the worst thing that can be said about a piece of legislation—that it will actually hurt workers.”Read the full speech in Hansard ↗
“This is 784 pages of new rules that will only offend the running of your business. We oppose this legislation for very good reason.”Read the full speech in Hansard ↗
“I rise today to speak on the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. This is very bad. This is a very bad bill. At the very least, it should have been referred yesterday, as we requested, to the Standing Committee on Employment, Education and Training for further consideration. This Albanese bill unashamedly is designed to take away the flexibility currently enjoyed by Australian gig workers, labour hire companies, tradies and other independent contractors and small businesses more generally.”Read the full speech in Hansard ↗
“This bill, with its 284 pages and 520-page explanatory memorandum, will make things harder, not easier, for businesses and all Australians. It will do nothing to improve the freefall we've seen in labour productivity in this country; indeed, it will push it in the wrong direction. It will drive up prices. It will undermine the prosperity of Australians, which is what we all care about. It will undermine the centrepiece of our economy we on this side of this place all want to see, which is aspiration, the ability for Australians to get ahead. That's what we stand for and what we'll always stand for. That's not what this bill is about. The coalition will not be supporting this bill. (Time expired)”Read the full speech in Hansard ↗
“Parliament should not bend to the demands of the Transport Workers Union and should reject these changes. In the hundreds of pages of legislation the government has snuck in a small provision that gives the minister the power to make regulations for 'supply chain participants'. In doing so, he or she is handing over control of our supply chains to the Fair Work Commission, and that is not on. As you can clearly see from the reasons I've stated, there is no possible good outcome from this fair work legislation.”Read the full speech in Hansard ↗
“Their industrial relations changes will create more complexity and uncertainty, add more cost to small businesses and farmers, make Australians pay more, do nothing to increase productivity and actually will put jobs at risk.”Read the full speech in Hansard ↗
“I accept that a deal has been cut. We don't have the numbers in this place. We were always opposed to the bad measures in this bill, which would have a negative impact on the employers of Australia. We always said we would support those elements of the bill that did good things for Australia. That is why we had supported the splitting off by Senator Pocock and Senator Lambie of four parts of the bill which we said we would happily have passed today.”Read the full speech in Hansard ↗
“So, when Labor try and keep up this myth that they are for the worker, they will implement policies just like the one we are debating today, but we should look at what this will mean in reality. They are proposing that if a casual has been employed on a consistent roster for six months they can be made permanent part-time.”Read the full speech in Hansard ↗
“This Labor government is making that harder, not easier, and we need to see change.”Read the full speech in Hansard ↗
“This legislation is anything but modest. It is radical, it is dangerous and it robs Australians of choice and their right to work in the way that suits them.”Read the full speech in Hansard ↗
“There are many reasons as to why this is a bad bill. It's impossibly intricate. There's too much uncertainty. It adds additional costs to businesses, particularly small businesses—particularly those many thousands of small businesses who had come out of the back of COVID and were looking forward to better times ahead, and now they cop this legislation. It makes Australians pay more in a cost-of-living crisis. It does nothing to increase productivity. We've heard the member for Bradfield so often talk about the importance of increasing productivity. Well, this bill ain't going to cut that, let me tell you. It does nothing to enhance competition. We heard earlier today about the decision to block Qatar Airways and how that's going to lead to less competition. It risks jobs. It only rewards unions, the paymasters of the Labor Party. It institutionalises conflict in our workplace—something we do not want to see. The government says it has made concessions for businesses. It hasn't. Don't believe what Labor says it's going to do. And it weakens our economy, making a bad situation worse. That is unfortunate. That is unnecessary, particularly at a time when Australians are looking to the government that was elected to do a job, that said it would do a job, and all it is doing is turning its back on Australian consumers and Australian small businesses.”Read the full speech in Hansard ↗
“That is why we strongly oppose the bill. We think proper consultation should occur. We think that a proper assessment of what is potentially a $9 billion hit to costs of living in this nation should be properly examined. We think that what we need to do is look at how this bill will lead to higher prices for consumers, making the cost-of-living crisis even worse.”Read the full speech in Hansard ↗
“Yes, of course, we need and support strong, effective industrial relations laws in our country. As I said earlier, we have been arguing for weeks now that the non-controversial elements of these laws should be passed as they relate to small business redundancies, to protections against discrimination, to asbestos safety and to greater rights for first responders. We've been there. We backed that. We support this. It's the damaging elements buried in this legislation that we oppose, and we oppose them out of interest for all Australians because ultimately a weaker Australian economy is going to hurt everybody in the long run. A weaker Australian economy will see fewer jobs available for people in the future. There will be less well paid jobs, despite what the government may say. A weaker economy will see so many of those who get to negotiate getting poorer outcomes.”Read the full speech in Hansard ↗
“I will not support legislation which seeks to serve as a payoff to unions nor will I support legislation which will weaken our economy and create turmoil for the small Australian businesses who drive our nation forward.”Read the full speech in Hansard ↗
“As I said at the start of my speech, this bill will deliver complexity, confusion and cost to small businesses and to all businesses, and those costs will be passed on to consumers, as the minister said, at a time when we can least afford increased costs.”Read the full speech in Hansard ↗
“This bill is designed to hand back to the union paymasters of the Labor Party. It is going to institutionalise conflict at an early time—after six months. You've barely got past the idea of liking to work at the place and all of a sudden you've got to make a decision as to whether you want to take on a permanent position without your choosing. Ultimately, this will deliver union officials into the backyards of mums and dads, onto their farms and through the front doors of their business without any notice and without any care. The government has said that it has made concessions for business, but it hasn't. I can't find them. I can't see them. Ultimately, what this legislation does is make a bad situation worse.”Read the full speech in Hansard ↗
“This is bad legislation. It has Labor Party fingerprints all over it. It's about paying off their pay masters—the people that fund their campaigns—and I'm totally opposed to it.”Read the full speech in Hansard ↗
“We're very concerned on this side of the chamber, and obviously I commend the contribution of our lead speaker, the member for Bradfield, and the second reading amendment that he has moved. I urge the chamber to support that amendment because we are in a situation where we are debating legislation we saw for the first time yesterday. We are very concerned about the ramifications of it. We would certainly like to give others that do not have the honour of serving in chambers like this, but who have views on this and are important stakeholders, the opportunity to put their views and have their questions answered. By supporting this second reading amendment, that is us supporting holding this inquiry and reflecting on the results of that inquiry before this progresses through the parliament. On that basis I commend the second reading amendment to the House.”Read the full speech in Hansard ↗
“I rise to speak on the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, which I oppose in its entirety. At the outset, before I get into the detail of this bill, it's a further demonstration of the Labor government's commitment to unwinding the flexibility that did exist within our industrial relations system.”Read the full speech in Hansard ↗
“It seems to be a theme that I am standing here again calling on the Albanese Labor government and calling on Minister Burke to reverse their decisions. I am calling on the Albanese Labor government to think about what this legislation is doing to the people of Australia and to the good people in my electorate of Dawson. Don't condemn us to more cost-of-living pressures. Don't condemn us to business closures. Don't condemn us to job losses. Don't condemn us to bankruptcy, and don't condemn us to even more homelessness. The time to do the right thing is now. In this Labor created cost-of-living crisis, do not make the situation worse with radical, ill-conceived industrial relations laws.”Read the full speech in Hansard ↗
“There are a number of reasons this bill is a bad bill. It is impossibly complex and creates uncertainty. It adds additional costs for businesses, especially small businesses, right at the time when their other costs are going up. Therefore, that makes Australians pay more, in a cost-of-living crisis. This does nothing to increase productivity, and the decreases in productivity are the demon we need to slay. It does nothing to enhance competition. It risks jobs. It only rewards Labor's union paymasters, and it institutionalises conflict in workplaces. The government purports to have made concessions for business, but it hasn't. This weakens our economy, and we need a strong economy for everyone to thrive.”Read the full speech in Hansard ↗
“Given that I am following on from the member for Corangamite, who made such glowing references to the union movement, let me say that it would be right for Australians to think, at a time when we've got almost record levels of employment, when employers are desperate to hold onto employees, 'Why are we looking to undertake these reforms?' I'm sure, Mr Deputy Speaker, that, as you travel around your electorate and speak to employers, you hear the same as me. Employers tell me, 'The challenge is finding people to fill roles.' At a time when the employment market is so tight, why are we looking to undertake these reforms?”Read the full speech in Hansard ↗
“For these and a range of other matters which have been well canvassed by other colleagues in this place, I cannot possibly support this bill.”Read the full speech in Hansard ↗
“I rise to address the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. Can I start by being very clear that, quite simply, this legislation is another Albanese Labor government con job. It's a bill for union donors—nothing more than the member for Watson taking care of union donor mates. This isn't about closing loopholes, but it is a policy full of potholes. It's the Albanese Labor government's attempt to fool the Australian people by proposing to change the name of its signature industrial relations policy but not the policy itself. They stand in this place boasting about this fair work policy, but in reality there is nothing fair about it in its wording, intent or delivery. You may well call it the 'closing loopholes bill'—that's what they're calling it—but really it's about closing loopholes to union membership.”Read the full speech in Hansard ↗
“So this so-called closing loopholes legislation equals closing businesses and closing jobs. That's what it should be called: 'the closing businesses and closing jobs legislation'. We are not going to support reforms that will weaken our economy and continue to make a bad situation worse for Australian small and medium businesses.”Read the full speech in Hansard ↗
“It's going to make us a less productive and less competitive country with a higher cost of living, and I think it's going to be a very sad day when this legislation passes through this parliament.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Andrew Wallace on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Andrew Wallace opposes the bill, saying it is a reckless attack on businesses, subcontractors and labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. workers that will raise costs, cut productivity and hand too much power to unions and the Fair Work CommissionThe federal workplace tribunal that can decide certain disputes, approve agreements and, under this bill, set some minimum standards and orders.. He says the government is rushing the legislation and that it will disempower hardworking Australians rather than fix genuine loopholes.
“This bill is a mechanism to disempower hardworking Australians and we should fight it every step of the way. (Time expired)”Read this contribution in Hansard ↗
Second reading speech
Andrew Wallace opposes the bill, calling it a reckless and unnecessary attack on workers and small businesses. He says it would overregulate the construction sector and undermine independent contractors while pushing up costs for ordinary Australians.
“The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 has got to be one of the worst bills that I've seen in my seven years in this place. It is dangerous, it's reckless and it's unnecessary. It is patently clear that this Labor government has entirely abandoned its base of hardworking, everyday Australians.”Read this contribution in Hansard ↗
“There are things in schedule 3 that I support. There's no problem with first responders having their workers compensation simplified so that they don't have to prove that their PTSD was due to their work, and there's also no problem the fair entitlements guarantee. But, really, this has to go back to the drawing board. I can't support this bill.”Read the full speech in Hansard ↗
“In my view, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, in its current form, places additional cost and complexity on small business and it will only add to the cost of living. In fact, it doesn't reward—it devalues—tenure and experienced workers in many jobs in my electorate. It doesn't foster productivity. It doesn't enhance competitiveness or agility in the market. And it risks the very jobs that this government claims to be protecting.”Read the full speech in Hansard ↗
“I don't know that we have ever faced a more distressing, country-dividing, business-destroying piece of legislation than what we are 'not' debating today—the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. There are 15 pages of amendments that we have had no opportunity to examine. There have been days of committee hearings and the report will not be tabled. This is absolutely shocking from Labor. I'm going to go through exactly why. Before I do though I want to acknowledge the Jacqui Lambie Network and Senator David Pocock for their attempt to mitigate the worst of this legislation by splitting out the non-controversial protections of workers that should rightly be in place. We've talked about the PTSD compensation, domestic violence, silica and some of the other elements.”Read the full speech in Hansard ↗
“We are not going to support reforms which will weaken our economy, continue a bad situation and make it worse for Australians and small businesses. Industrial relations reform is without a doubt one of the most important of all economic reforms required to make Australia a more productive and competitive place. The focus of any industrial relations reforms should be to make us more productive and create more jobs. The link with productivity is the key. The more productive we are, the more Australians can be sustainably compensated. Enterprise bargaining should be the cornerstone of our workplace relations system if we are to grow pay packets, improve job security and bolster the flexibility that our employees demand and boost productivity. Australia needs a modern workplace relations system that delivers a safety net for workers, recognises the shared interests of managers and workers in an enterprise success and gives all enterprises the agility they need to compete and succeed. Time is going to cut me off, so I will finish my contribution here and declare that I oppose this bill. It is with grave fear that I say that I think that this legislation will be far, far too complicated for small and medium-sized businesses in my electorate of Flynn.”Read the full speech in Hansard ↗
“So, in conclusion, I'm going to stand up for the small businesses of Wide Bay and say a big no to this toxic bill.”Read the full speech in Hansard ↗
“This is about giving to the unions unfettered power in the workplace. It is going to destroy business. What we're doing here today is an absolute travesty.”Read the full speech in Hansard ↗
“This bill will have a real impact on businesses and employees right across Australia. It will have a negative and disruptive impact. Let's just set the record straight. Those on the other side say—we heard it today from Senator Sheldon—that this somehow has to do with the casualisation of the workforce or the boom in contract workers and the boom in labour hire. The general structure of the Australian employment economy over the last generation has not changed. The percentages for casual, labour hire, full-time and part-time have not changed materially in a generation. Some people choose casual work. It suits their life. It suits their lifestyle and their priorities. Gee, wouldn't it be shocking if this parliament actually paid attention to the priorities of Australian workers and not to the priority of unions! Wouldn't it be shocking if this parliament paid attention to the choices that the employees of Australia demonstrate, in an economy with almost full employment, rather than listening to the priorities of the Australian union movement! But, surprise, surprise!—we have a Labor government in power—we are about to hit the guillotine; the guillotine is about to fall on every small business across Australia. Those opposite should be ashamed.”Read the full speech in Hansard ↗
2 speakers · 2 support
“All the issues addressed in this bill have been there for many years in front of us demanding action. They're matters which the Greens want to help the parliament step up to and deal with. They should all be passed in this parliament, and we need them. We need them as soon as possible, but we need a whole lot more. There are massive changes underway in our workplaces that must take us beyond dealing with the important emergency measures that are in this bill.”Read the full speech in Hansard ↗
“The government's bill doesn't go as far as the bill that I brought to this place to ensure that we get a hard floor under wages and conditions, so that there's no incentive for big corporations to find even more loopholes. But it is good that it addresses the decision of the High Court in which the High Court came to a very different position from what many people had understood to be the law and said, 'No, actually, if you put a label on someone's contract to call them an independent contractor then that's what we're going to give primacy to.' That just ignored the reality of the modern workplace, and it's good that that's going to be addressed. Part of the test for the government's provisions is going to be whether, at the end of it, we see fewer people falling through the cracks. We've got to make sure that these provisions work. If they need to be tightened, they should be tightened. As I say, it would have been good if the government had gone further on this front.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“One Nation will always fight for workers being able to understand their rights and fighting for those rights. The first step towards doing that is making them simple enough to understand. This bill does nothing to help that, and we will be opposing it. The big gorillas in the room—to use Senator Sheldon's term—are the Mining and Energy Union in the Hunter; the CFMMEU; the Chandler Macleod group; Recruit Holdings, the largest labour hire firm in the world; the Fair Work Commission; and the Fair Work Ombudsman. Hiding mates and crooks from scrutiny will not get the Labor Party out of this. This bill will be the Labor Party government's death knell.”Read the full speech in Hansard ↗
11 speakers · 12 contributions · 3 support · 5 oppose · 3 mixed
“This bill itself is a paradox, and difficult to discern meaning in. Accordingly, I call on the government to carve out the provisions mentioned above and to place them in a separate bill. I move:”Read the full speech in Hansard ↗
“So I have a number of concerns about this omnibus bill as it stands, and I must say I am disappointed with the approach the government has taken in presenting this style of omnibus bill. We were promised better procedure and better conduct than the previous government. Whilst I acknowledge that, in some aspects, things are better, in others we're seeing much of the same, with really political games being played in relation to very important questions of policy. So I urge the government to take more time to consider complex aspects of policy change and not to overcomplicate the industrial relations sector, because we cannot afford to have small businesses, in particular, overburdened and a system that loses flexibility and dynamism, because it is an incredibly competitive market out there and our businesses need to remain competitive.”Read the full speech in Hansard ↗
“I'm sorry to say that, at this time, I cannot support the government on this legislation. I genuinely hope it works constructively with the Senate on these issues, to make further amendments that address the many concerns that I and many, many others have raised. In that time, I will continue to engage, in good faith, with those most affected by this bill.”Read the full speech in Hansard ↗
“On the face of it, this is one section of this bill that requires modification before I could see my way clear to support it.”Read the full speech in Hansard ↗
“What we set out to do from the beginning was to look at this bill with cool heads and to look at what was uncontroversial and we could get passed and what parts of the bill needed more time to consider the impacts. That is what has happened here today. We will work constructively, once again, with the government and the minister and do everything that we can to try to work out the second half of the bill. Once again, I want to make clear we believe this is the right thing to do.”Read the full speech in Hansard ↗
“This bill seems to expand the powers of the Fair Work Commission and unions and to reduce the flexibility for workers, while adding complexity for business. If we assume that the majority of business owners are doing the right thing, then these changes will only make life harder and more confusing for them. For those few businesses that are trying to undermine workers' rights, they should absolutely be addressed specifically.”Read the full speech in Hansard ↗
“That takes me to consideration of the substance of the legislation. I will start with the reforms to the conditions for labour hire workers.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Kylea Tink on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Kylea Tink says some parts of the bill are welcome, but she does not support it in its current form because she thinks it is too broad, too rushed and would burden small business and reduce workplace flexibility. She calls on the government to amend the bill and only proceed with the uncontroversial parts while renegotiating the rest.
“Ultimately, I am committed to working with this government for the betterment of my community. As such I will work overtime to help businesses across my electorate navigate whatever is eventually passed in this place. But I ask the government to note that, while it claims this legislation will have limited impact and strikes a reasonable and balanced middle ground, I don't believe that claim has withstood scrutiny. I call on the government to amend this legislation. Pass those pieces of it that are uncontroversial, but then move forward in renegotiating legislative terms that offer the protections we all agree employees are entitled to, without stymieing innovation and unnecessarily burdening Australian businesses.”Read this contribution in Hansard ↗
Second reading speech
Tink says there is good in the bill and her community supports several measures, but she is worried about the scale and pace of change and the risk of unintended consequences for small and medium businesses. Her support depends on stronger safeguards and clearer limits, especially around wage theftIntentional underpayment of workers, which this bill turns into a criminal offence when done on purpose. and labour hireAn arrangement where a worker is hired through one business but works at another business, which the bill targets when it is used to undercut pay. provisions.
“There are, however, six key areas that are cause for concern in my community. The first is a fear of the pace and scale of change and the potential for unintended consequences. Coming off the back of other recent significant industrial reform moved by this government, there is a general fear, particularly among small to medium-sized businesses, that there could be several unintended consequences that come with this legislation. In truth, this is the second tranche of an extraordinary amount of change in a relatively short period of time. I just wish this change was matched with the same efforts in climate action. Even large businesses with human resource teams are putting forward that they expect to struggle to get their heads around it.”Read this contribution in Hansard ↗
“After years and years of advocacy and far too many lives lost, today the parliament is taking concrete action to turn that around. Reversing the onus for approving PTSD on first responders will save lives. For police officers, firies and ambos, for those taking the calls from people in emergencies and for Border Force it will save lives from 1 January next year if this bill, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, goes through the parliament today.”Read the full speech in Hansard ↗
“I rise to speak to the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. I know this bill has drawn a lot of attention, and there are some present here today who are actively advocating for businesses to be able to pay their workers less than the minimum wage. I might criticise this government on a lot of things—you all know that—but this bill is actually good news for workers, and that's why I'll be supporting it fully. I'd like to thank Minister Burke for constructive engagement on this bill and commitment to gaining better outcomes for workers. I was one of those crossbenchers that Senator Wong forgot to mention when she mentioned the others who worked constructively with Minister Burke.”Read the full speech in Hansard ↗
“At the end of the motion, add ", but the Senate notes that:”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Recorded vote: 78 to 62.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Consideration in detail: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Third reading agreed to
Recorded vote: 78 to 63.
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Recorded vote: 32 to 25.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Amendments considered
Recorded vote: 32 to 25.
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Consideration of Senate message
Consideration of Senate message
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Education and Employment Legislation Committee; Inquiry confined to consideration of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (07/12/2023) ; Committee report (01/02/2024)
Referred to committee
Referred to Committee (7 Sept 2023): Senate Education and Employment Legislation Committee; Inquiry confined to consideration of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (7 Dec 2023) ; Committee report (1 Feb 2024)
APH bill page notes