Fair Work Legislation Amendment (Closing Loopholes No. 2)

Current status

This bill became law on Feb 26th, 2024.

Policy area

Work & employment

What does this bill do?

A worker can only be treated as casual if there is no real advance promise of ongoing work and the worker gets casual loadingExtra pay on top of ordinary rates that is meant to compensate a worker for not getting permanent entitlements like paid leave. or casual pay rates.

Why was it introduced?

Some workers were being kept on as "casuals" even when they had regular ongoing jobs, leaving them without permanent-work rights and letting employers avoid those rights by changing hours or rosters. The bill tightens the test for who counts as casual and lets eligible workers move to permanent work, with employers required to respond in writing.

Broader context

Before the bill, some employees were still being treated as casuals despite working regular ongoing hours, which left them without permanent-work rights and made it easier for employers to avoid those rights by changing rosters or hours. The bill, introduced in September 2023 and passed in February 2024, tightened the legal test for casual work, created a pathway for eligible workers to move to permanent status, required written employer responses, and became law after Royal AssentThe final step that turns a bill into law; on this page it marks the point when the new workplace rules became an Act. later that month.

Key criticism

The main criticism was that the bill layered complicated, late-changing workplace rules onto casual work, bargaining and union access in ways critics said would raise costs, create confusion and make it harder for small businesses to comply. That case was pressed mainly by Coalition senators and echoed by business groups in public reporting, while crossbench supporters said amendments and a review had made the package more balanced.

Who supported it?

Minister MP introduced this bill. In the Senate final vote, support came from Liberal Party, Nationals, Jacqui Lambie Network, One Nation, some crossbench members; opposition came from Labor, Greens, some crossbench members.

Introduced in House 04 Sept 2023
Passed House 29 Nov 2023
Passed Senate 08 Feb 2024 Aye 30 No 33
Became law 26 Feb 2024

Did it become law?

Yes

Became law 26 Feb 2024

Final passage

Recorded final vote

2 counted final-passage votes were recorded.

Passage speed

175 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. A worker can only be treated as casual if there is no real advance promise of ongoing work and the worker gets casual loadingExtra pay on top of ordinary rates that is meant to compensate a worker for not getting permanent entitlements like paid leave. or casual pay rates.

  2. A casual worker can ask to move to permanent work after 6 months, or after 12 months if the employer is a small business, if the job no longer looks genuinely casual.

  3. Employers must give a written answer within 21 days when a casual worker asks to change their status.

  4. Employers cannot cut a worker’s hours, change their roster pattern, or sack them to avoid casual employmentA work arrangement where the worker is not guaranteed ongoing hours, but this page focuses on when a job is genuinely casual and when a worker can ask to become permanent. rights.

  5. The minister must start a review of the new gig worker rules and the new right to disconnectA rule that limits when workers can be expected to respond to work contact outside normal hours. no later than 2 years after royal assentThe final step that turns a bill into law; on this page it marks the point when the new workplace rules became an Act., and the reviewers must report within 6 months after the review begins.

Show source excerpts
  1. (1) An employee is a casual employee of an employer only if:
    Fair Work Legislation Amendment (Closing Loopholes No. 2) as-passed bill text
  2. (aa) an employee who has completed 6 months of employment (12 months if a small business employer) can notify the employer if, having regard to the employee’s current employment relationship with the employer, the employee believes that the employee no longer meets the requirements of subsections 15A(1) to (4);
    Fair Work Legislation Amendment (Closing Loopholes No. 2) as-passed bill text
  3. (1) An employer must give an employee a written response to a notification given under section 66AAB within 21 days after the notification is given to the employer.
    Fair Work Legislation Amendment (Closing Loopholes No. 2) as-passed bill text
  4. (1) An employer must not do any of the following in order to avoid any right or obligation under this Division:
    Fair Work Legislation Amendment (Closing Loopholes No. 2) as-passed bill text
  5. The review must commence no later than 2 years after the day on which this Act receives the Royal Assent. The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review.
    Fair Work Legislation Amendment (Closing Loopholes No. 2) as-passed bill text

Broader context for this bill

Before the bill, some employees were still being treated as casuals despite working regular ongoing hours, which left them without permanent-work rights and made it easier for employers to avoid those rights by changing rosters or hours. The bill, introduced in September 2023 and passed in February 2024, tightened the legal test for casual work, created a pathway for eligible workers to move to permanent status, required written employer responses, and became law after Royal AssentThe final step that turns a bill into law; on this page it marks the point when the new workplace rules became an Act. later that month.

  1. 2023

    Regular workers remained classified as casuals

    The bill was framed around workers who were kept as casuals even when their jobs had become regular and ongoing, leaving them without permanent-work rights.

    User-provided bill brief ↗
  2. 04 Sept 2023

    Government introduces the bill

    The bill was introduced to tighten the test for casual employmentA work arrangement where the worker is not guaranteed ongoing hours, but this page focuses on when a job is genuinely casual and when a worker can ask to become permanent. and let eligible workers seek conversion to permanent work with a written employer response.

    Parliamentary timeline ↗
  3. 12 Feb 2024

    Parliament passes the bill

    Both houses agreed on the final form of the bill, clearing the way for the new casual conversionThe process that lets an eligible casual ask to move into permanent full-time or part-time work. protections and anti-avoidance rules to become law.

    Parliamentary timeline ↗
  4. 26 Feb 2024

    Bill receives Royal AssentThe final step that turns a bill into law; on this page it marks the point when the new workplace rules became an Act.

    Royal AssentThe final step that turns a bill into law; on this page it marks the point when the new workplace rules became an Act. turned the measure into an Act, formally establishing the new casual employmentA work arrangement where the worker is not guaranteed ongoing hours, but this page focuses on when a job is genuinely casual and when a worker can ask to become permanent. rules and the later review requirement.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 04 Sept 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 04 Sept 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 05 Sept 2023

The bill reached this recorded parliamentary step.

Second reading debate 06 Sept 2023

The bill reached this recorded parliamentary step.

Second reading debate 07 Sept 2023

The bill reached this recorded parliamentary step.

Education and Employment Legislation Committee; Further proceedings of the inquiry into the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 have been confined to consideration of this bill (07/12/2023) ; Committee report (01/02/2024) review 07 Sept 2023

Referred to Committee (07/09/2023): Senate Education and Employment Legislation Committee; Further proceedings of the inquiry into the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 have been confined to consideration of this bill (07/12/2023) ; Committee report (01/02/2024)

Referred to committee

APH bill page notes
Second reading debate 11 Sept 2023

The bill reached this recorded parliamentary step.

Second reading debate 12 Sept 2023

The bill reached this recorded parliamentary step.

Second reading debate 13 Sept 2023

The bill reached this recorded parliamentary step.

Second reading debate 14 Sept 2023

The bill reached this recorded parliamentary step.

Second reading debate 18 Oct 2023

The bill reached this recorded parliamentary step.

Second reading debate 14 Nov 2023

The bill reached this recorded parliamentary step.

Second reading debate 15 Nov 2023

The bill reached this recorded parliamentary step.

Second reading debate 16 Nov 2023

The bill reached this recorded parliamentary step.

House second reading agreed 16 Nov 2023

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

House agreed to amendment packages 28 Nov 2023

The chamber considered amendments before the bill moved to the next stage.

Consideration in detail debate

House agreed to amendment packages 29 Nov 2023

The chamber considered amendments before the bill moved to the next stage.

Consideration in detail debate

House third reading agreed 29 Nov 2023

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

Introduced 04 Dec 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 04 Dec 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved : Bill divided by the Senate on 07/12/2023

Second reading debate 07 Feb 2024

The bill reached this recorded parliamentary step.

Senate second reading agreed Aye 34 No 30 08 Feb 2024

Recorded vote: 34 to 30.

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

Senate agreed to amendment packages 08 Feb 2024

The chamber considered amendments before the bill moved to the next stage.

Committee of the Whole debate

Senate third reading agreed Aye 30 No 33 08 Feb 2024

Recorded vote: 30 to 33.

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

House agreed to Senate amendments 12 Feb 2024

The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.

Consideration of Senate message

Passed both houses 12 Feb 2024

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 26 Feb 2024

The Governor-General gave Royal AssentThe final step that turns a bill into law; on this page it marks the point when the new workplace rules became an Act., turning the bill into an Act.

The main case against this bill

The main criticism was that the bill layered complicated, late-changing workplace rules onto casual work, bargaining and union access in ways critics said would raise costs, create confusion and make it harder for small businesses to comply. That case was pressed mainly by Coalition senators and echoed by business groups in public reporting, while crossbench supporters said amendments and a review had made the package more balanced.

Criticism was substantial but mostly came from the Coalition and employer-side advocates, not from all non-government senators.

Complexity and compliance burden

Critics said the bill's casual employmentA work arrangement where the worker is not guaranteed ongoing hours, but this page focuses on when a job is genuinely casual and when a worker can ask to become permanent. test and related new rules were too complicated for ordinary employers to apply, especially small businesses, and would create uncertainty, extra legal risk and higher labour costs.

Raised by Coalition senators including Paul Scarr, Jane Hume, Linda Reynolds and Michaelia Cash Source ↗

Expanded union power and workplace entry

Opponents argued the bill shifted power toward unions through broader entry and bargaining settings, with warnings this could intrude into small or family-run workplaces and leave employers at a disadvantage in disputes.

Raised by Maria Kovacic, Malcolm Roberts, Slade Brockman and business-side critics Source ↗

Rushed amendments and poor certainty

A separate concern was that major amendments were added late and in large numbers, leaving employers, HR teams and even workplace advisers struggling to understand what the final law would require before Parliament voted on it.

Raised by Jane Hume and Michaelia Cash, with similar concerns reported from employer groups Source ↗

Recorded votes

How the bill itself passed

The chamber-passage votes come first. Expand a vote to see the party breakdown.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

29 Nov 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Defeated

Senate passed the bill

Aye 30 No 33

Defeated 30 to 33. Support came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.

08 Feb 2024

Party Recorded votes Aye / No
Labor 0 / 19
Liberal Party 16 / 0
Greens 0 / 10
Unknown 8 / 2
Nationals 3 / 0
Independent 0 / 2
Jacqui Lambie Network 1 / 0
One Nation 1 / 0
UAP 1 / 0
Carried

Senate passed the bill

Aye 32 No 29

Passed 32 to 29. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Minor-party and independent votes were split.

08 Feb 2024

Party Recorded votes Aye / No
Labor 18 / 0
Liberal Party 0 / 16
Greens 10 / 0
Unknown 2 / 7
Nationals 0 / 3
Independent 2 / 0
Jacqui Lambie Network 0 / 1
One Nation 0 / 1
UAP 0 / 1

Earlier bill-stage votes

Carried

Senate cleared second reading

Aye 34 No 30

Passed 34 to 30. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Minor-party and independent votes were split.

08 Feb 2024

Party Recorded votes Aye / No
Labor 20 / 0
Liberal Party 0 / 17
Greens 10 / 0
Unknown 2 / 6
Nationals 0 / 4
Independent 2 / 0
Jacqui Lambie Network 0 / 1
One Nation 0 / 1
UAP 0 / 1
Carried

Drop major workplace changes

Aye 35 No 28

Passed 35 to 28. 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.

08 Feb 2024

Party Recorded votes Aye / No
Labor 19 / 0
Liberal Party 0 / 16
Greens 10 / 0
Unknown 3 / 7
Nationals 0 / 3
Independent 2 / 0
Jacqui Lambie Network 1 / 0
One Nation 0 / 1
UAP 0 / 1

Amendments at a glance

Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.

House

Defeated

Reject opposition rollback

Aye 59 No 79

Defeated 59 to 79. Support came from Liberal Party and Nationals. Opposition came from Labor, Greens, and Katter's Australian Party. Minor-party and independent votes were split.

12 Feb 2024

The amendments were defeated, so the Senate’s workplace changes remained before the House.

Party Recorded votes Aye / No
Labor 0 / 65
Unknown 25 / 11
Liberal Party 18 / 0
Nationals 10 / 0
Independent 6 / 1
Greens 0 / 1
Katter's Australian Party 0 / 1
Carried

Immediate consideration of Senate changes

Aye 81 No 59

Passed 81 to 59. Support came from Labor, Greens, and Katter's Australian Party. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.

12 Feb 2024

This was a procedural vote, not a final vote on whether the bill would become law.

Party Recorded votes Aye / No
Labor 65 / 0
Unknown 11 / 25
Liberal Party 0 / 18
Nationals 0 / 11
Independent 3 / 5
Greens 1 / 0
Katter's Australian Party 1 / 0
Defeated

Remove casual bargaining and demerger changes

Aye 58 No 78

Defeated 58 to 78. Support came from Liberal Party and Nationals. Opposition came from Labor and Greens. Minor-party and independent votes were split.

12 Feb 2024

The amendments were defeated, so the House did not undo those Senate changes.

Party Recorded votes Aye / No
Labor 0 / 64
Unknown 25 / 11
Liberal Party 18 / 0
Nationals 11 / 0
Independent 4 / 2
Greens 0 / 1
Carried

End debate on Senate message

Aye 78 No 61

Passed 78 to 61. Support came from Labor, Greens, and Katter's Australian Party. Opposition came from Liberal Party, Nationals, and minor parties and independents. Minor-party and independent votes were split.

12 Feb 2024

The guillotine motion carried, cutting off further debate and forcing the House toward a decision.

Party Recorded votes Aye / No
Labor 65 / 0
Unknown 11 / 25
Liberal Party 0 / 18
Nationals 0 / 11
Independent 0 / 7
Greens 1 / 0
Katter's Australian Party 1 / 0
Carried

House accepts Senate amendments

Aye 80 No 59

Passed 80 to 59. Support came from Labor, Greens, and Katter's Australian Party. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.

12 Feb 2024

The proposed change was agreed.

Party Recorded votes Aye / No
Labor 65 / 0
Unknown 11 / 25
Liberal Party 0 / 18
Nationals 0 / 11
Independent 2 / 5
Greens 1 / 0
Katter's Australian Party 1 / 0
Carried

House of Representatives agreed to Government amendments

The APH progress record says 82 Government amendments were agreed without a counted division being collected by this run.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

House of Representatives agreed to Crossbench amendments

The APH progress record says 8 Crossbench amendments were agreed without a counted division being collected by this run.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

House of Representatives agreed to Crossbench amendments

The APH progress record says 2 Crossbench amendments were agreed without a counted division being collected by this run.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

House accepted all Senate amendments

The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Senate

Defeated

Criticise union access and casual changes

Aye 32 No 34

Defeated 32 to 34. Support came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.

08 Feb 2024

Because the amendment failed, the bill’s second reading continued without that formal criticism being added.

Party Recorded votes Aye / No
Labor 0 / 20
Liberal Party 18 / 0
Greens 0 / 10
Unknown 7 / 2
Nationals 4 / 0
Independent 0 / 2
Jacqui Lambie Network 1 / 0
One Nation 1 / 0
UAP 1 / 0
Carried

Add right to disconnect

Aye 34 No 31

Passed 34 to 31. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Minor-party and independent votes were split.

08 Feb 2024

The amendment carried, so the Senate added the Greens’ right-to-disconnect changes to the bill.

Party Recorded votes Aye / No
Labor 20 / 0
Liberal Party 0 / 16
Greens 10 / 0
Unknown 2 / 8
Nationals 0 / 4
Independent 2 / 0
Jacqui Lambie Network 0 / 1
One Nation 0 / 1
UAP 0 / 1
Defeated

Contested schedule items removed

Aye 31 No 34

Defeated 31 to 34. Support came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.

08 Feb 2024

The proposed change was not agreed.

Party Recorded votes Aye / No
Labor 0 / 20
Liberal Party 16 / 0
Greens 0 / 10
Unknown 8 / 2
Nationals 4 / 0
Independent 0 / 2
Jacqui Lambie Network 1 / 0
One Nation 1 / 0
UAP 1 / 0
Carried

Crossbench amendment package carried

Aye 36 No 29

Passed 36 to 29. 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.

08 Feb 2024

The proposed change was agreed.

Party Recorded votes Aye / No
Labor 20 / 0
Liberal Party 0 / 16
Greens 10 / 0
Unknown 3 / 7
Nationals 0 / 4
Independent 2 / 0
Jacqui Lambie Network 1 / 0
One Nation 0 / 1
UAP 0 / 1
Defeated

Set coal casual pay rules

Aye 5 No 44

Defeated 5 to 44. Support came from Jacqui Lambie Network, One Nation, and UAP. Opposition came from Labor, Greens, Liberal Party, and Nationals. Minor-party and independent votes were split.

08 Feb 2024

The amendment failed, so the bill did not gain that coal-industry casual pay package.

Party Recorded votes Aye / No
Labor 0 / 20
Greens 0 / 10
Liberal Party 0 / 7
Unknown 1 / 5
Independent 1 / 1
Jacqui Lambie Network 1 / 0
Nationals 0 / 1
One Nation 1 / 0
UAP 1 / 0
Defeated

Allow CFMEU manufacturing split

Aye 30 No 31

Defeated 30 to 31. Support came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Opposition came from Labor and Greens. Minor-party and independent votes were split.

08 Feb 2024

The amendment failed narrowly, so the bill did not create that CFMEUA major union named in the debate because some amendments and speeches focused on its structure and power. demerger process.

Party Recorded votes Aye / No
Labor 0 / 18
Liberal Party 16 / 0
Greens 0 / 10
Unknown 7 / 2
Nationals 3 / 0
Independent 1 / 1
Jacqui Lambie Network 1 / 0
One Nation 1 / 0
UAP 1 / 0
Carried

Protect casual rights from retaliation

Aye 34 No 26

Passed 34 to 26. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, and UAP. Minor-party and independent votes were split.

08 Feb 2024

The amendment carried, strengthening protections for casual workers using the bill’s new processes.

Party Recorded votes Aye / No
Labor 18 / 0
Liberal Party 0 / 16
Greens 10 / 0
Unknown 3 / 6
Nationals 0 / 3
Independent 2 / 0
Jacqui Lambie Network 1 / 0
UAP 0 / 1
Defeated

Protect enterprise agreement standards

Aye 29 No 31

Defeated 29 to 31. Support came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.

08 Feb 2024

The amendment failed, so the bill did not add that extra safeguard for bargaining determinations.

Party Recorded votes Aye / No
Labor 0 / 18
Liberal Party 16 / 0
Greens 0 / 10
Unknown 7 / 2
Nationals 3 / 0
Independent 0 / 1
Jacqui Lambie Network 1 / 0
One Nation 1 / 0
UAP 1 / 0
Defeated

Drop major workplace changes

Aye 30 No 33

Defeated 30 to 33. Support came from Liberal Party, Nationals, Jacqui Lambie Network, and One Nation. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.

08 Feb 2024

The package was defeated, so those bill changes remained in place.

Party Recorded votes Aye / No
Labor 0 / 19
Liberal Party 16 / 0
Greens 0 / 10
Unknown 8 / 2
Nationals 3 / 0
Independent 0 / 2
Jacqui Lambie Network 1 / 0
One Nation 1 / 0
UAP 1 / 0
Carried

Large Fair Work amendment package carried

The Senate agreed on voices to a large package of Government, Greens, Jacqui Lambie Network, Independent and joint crossbench amendments.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

Refine new workplace rules for casual, transport and platform workers

Senator Lambie’s package was agreed on voices and bundled changes to casual employmentA work arrangement where the worker is not guaranteed ongoing hours, but this page focuses on when a job is genuinely casual and when a worker can ask to become permanent. timing, road transport and digital labour platform rules, underpayment entry powers, a worker opt-out for section 15AA, consultation bodies, a review clause, and some small business penalty settings.

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 80 Government amendments, 8 Crossbench amendments, 2 Crossbench amendments, and 108 Government, 3 Australian Greens, 1 Jacqui Lambie Network, 79 Jacqui Lambie Network/Independent amendments agreed without a counted division.

Who spoke, and what they said

Start here — lead voices

Lead opposing voice Opposes

Malcolm Roberts

Pauline Hanson's One Nation Party • Senator 07 Feb 2024

Roberts opposes the bill, saying it will not fix the wage theft he alleges in coalmining and instead gives union bosses more power without accountability.

Read in Hansard ↗
Lead supporting voice Supports

Barbara Pocock

Australian Greens • Senator 07 Feb 2024

Barbara Pocock says the Greens support the bill because it makes modest but important gains for gig workers, casual workers and bargaining rights, while also saying it still falls short because it does not yet include a right to disconnectA rule that limits when workers can be expected to respond to work contact outside normal hours..

Read in Hansard ↗
Lead non-major voice Supports

David Pocock

Independent • Senator 07 Feb 2024

Pocock supports the bill and says the crossbench amendments have made it fairer, simpler and better balanced for workers and businesses.

Read in Hansard ↗
Lead voice Opposes

Matt O'Sullivan

Liberal Party • Senator 07 Feb 2024

Matt O'Sullivan opposes the bill and moves an amendment to block it, arguing it is bad industrial relations policy that will raise costs, worsen productivity and hand more power to unions.

Read in Hansard ↗

All speeches by bloc

Labor

7 speakers · 7 support

  1. Helen Polley Helen Polley supports the bill and says it is needed to close loopholes that let employers undercut workers and exploit casual and gig workers.
    “This bill completes the work of the original bill. It will ensure that no worker slips through the cracks of IR loopholes and a corporate race to the bottom on working conditions.”

    Australian Labor Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  2. Tony Sheldon Sheldon strongly supports the bill, saying it closes loopholes that let bad actors drive down wages and make work less safe and less secure, and arguing it will save businesses and lives.
    “Remember: we're only talking about cases where the Fair Work Commission is satisfied that wage theft may be taking place. The current system gives the wage thief a 24-hour heads up before the union can help. In what other part of the legal system do we give people strongly suspected of a crime a 24-hour head start on the authorities? It's completely ridiculous, and this law closes that loophole. The whole bill closes the loopholes that some businesses have used to drive down wages and make jobs less safe and less secure to compete unfairly with good businesses. This bill is a cost-of-living bill. This bill will save businesses. This bill will save lives, and it must be passed.”

    Australian Labor Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  3. Deborah O'Neill O'Neill strongly supports the bill and says it will close loopholes that have let too many Australians be exploited.
    “My good friend Senator Polley this morning in her contribution said that she was brought up in a family that I think is quintessentially Australian. She was told, 'Show up to work, do a really good day's work, get a fair pay, make sure you've got an insurance policy and join your union, and if you get really smart you'll join the Labor Party too.' She knows what a winning ticket looks like. This piece of legislation will close the loopholes that have seen too many Australians exploited. This is going to be better for workers and better for our nation.”

    Australian Labor Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  4. Karen Grogan Grogan strongly supports the bill and says it is needed to close loopholes in the Fair Work Act, protect workers, and stop wage and condition exploitation.
    “This legislation, which has been dragged out for months and months and months, needs to pass this chamber. They've fought against this legislation every single step of the way.”

    Australian Labor Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  5. Marielle Smith Marielle Smith strongly supports the bill, saying it closes loopholes that undercut workers, sets minimum standards for gig and road transport workers, and helps prevent exploitation and unsafe conditions.
    “There are loopholes here we must close, and I am proudly, proudly supporting the bill before us.”

    Australian Labor Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  6. Jana Stewart Stewart strongly backs the bill, saying it closes loopholes that drive down pay and conditions and will save lives in some of Australia's deadliest workplaces.
    “This bill, as it says in its name, is about closing the loopholes that undercut pay and conditions for workers. It is absolutely amazing that those opposite aren't supporting that—then again, maybe I shouldn't be surprised. It will implement the necessary steps to protect and strengthen hard-fought industrial rights and protections.”

    Australian Labor Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  7. Jess Walsh Jess Walsh supports the bill because it would give gig and care workers basic minimum standards, better safety and protection from exploitation.
    “This bill is just going to deliver some basic minimum standards for workers. That's what it's going to do. It's going to deliver some basic safety standards for these workers. Fair and safe workplaces are what Australians expect, and it's what all Australian workers, and all workers who we invite to our shores to work in the essential jobs that we rely on, deserve.”

    Australian Labor Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗

Coalition

7 speakers · 8 contributions · 7 oppose

  1. Jane Hume Hume says the coalition will oppose the bill because it will add complexity, raise labour costs and make the cost-of-living problem worse for businesses and workers.
    “The Albanese Labor government's latest round of industrial relations will have a damaging impact on our economy and on your standard of living. The government, the Greens and Senator Pocock have let drop a number of last-minute amendments to this proposed legislation, which they're now ramming through in less than 24 hours without scrutiny. These amendments actually make this bad bill even worse overall.”

    Liberal Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  2. Paul Scarr Scarr opposes the bill, saying it goes too far and will burden small businesses with overly complex new rules.
    “However, there are deep concerns we have in relation to this legislation, the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023. As is so often the case when there are things that need to be addressed in society and issues of legitimate concern to anyone of good faith and good heart, there's concern that, when the regulatory pendulum swings too far and too hard, good people who are doing the right thing are damaged. A lot of those good people aren't the cross-border multinationals with billions and billions of dollars of capital; they're small businesses. The over two million small businesses in this country, which employ more than 40 per cent of employed Australians, are the ones who are going to be left to grapple with this legislation. They're the ones I'm concerned about—the small businesses who don't have an internal legal department with hordes and hordes of lawyers ready to support them and don't have multiple billions of dollars of capital but who are just hanging on by their fingernails. I have advocated for a number of these small businesses to the Australian Taxation Office and to other people in relation to what they're going through. My concern is for those small businesses and what this legislation is going to impose upon those small businesses.”

    Liberal Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  3. Michaelia Cash Michaelia Cash opposes the bill, arguing it will add costs, confusion and job losses for businesses while doing nothing to improve productivity or help workers in practice.
    “There is so much that is wrong with this bill. Unfortunately, given the time today, we're only going to get a short amount of time to talk about it. But I've got to deal with the right to disconnect. This is fantastic, seriously! I see Anthony Albanese, the Prime Minister, has come out today and backed in that right to disconnect. Let's talk about this right to disconnect. It wasn't talked about prior to the election; that's not unusual for the Albanese government. It certainly wasn't raised in any of the non-consultation that the government had on any of their industrial relations bills.”

    Liberal Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  4. Linda Reynolds Reynolds opposes the bill, calling it a bad and disastrous measure that will add complexity and costs for small business and reduce flexibility for workers.
    “I too rise to speak on the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023. There is nothing more to say about this bill than that it is a bad bill for Australia. In fact, it is disastrous. Senator Sheldon just used the saying, 'If it looks like a duck and quacks like a duck, it is a duck.' Well, I tell you what, there is a far more apt saying about this bill, and that is: 'You can put lipstick on a pig, but it is still a pig.' This bill does not fool anybody. You can dress it up in all of the pious things that have been said on the other side of the chamber—as if there's only one side of this chamber that has compassion for Australians. You can be as pious as you like, but nothing will change the fact that this week the Prime Minister lost the confidence of the Australian people because his word is no longer his bond.”

    Liberal Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗
  5. Maria Kovacic 2 contributions Maria Kovacic says the opposition will vote against the bill because it is overly complex, raises costs for small businesses and consumers, and adds uncertainty for casuals and contractors.

    Hansard records 2 separate contributions by Maria Kovacic on this bill. They are grouped here so the speaker is listed once.

    Second reading speech Liberal Party • Senator • 07 Feb 2024

    Maria Kovacic says the opposition will vote against the bill because it is overly complex, raises costs for small businesses and consumers, and adds uncertainty for casuals and contractors. She argues it is a union-driven change that weakens productivity, jobs, and competition.

    “This bill does nothing to address the productivity crisis and it does absolutely nothing to increase competition. It places jobs at significant risk and it seeks only to act as part of the blank cheque that the Labor government writes to the union movement every single election.”
    Read this contribution in Hansard ↗

    Second reading speech Liberal Party • Senator • 07 Feb 2024

    Kovacic opposes the bill, arguing that its new union right-of-entry powers would let union representatives enter farms and even family-home workplaces without notice, and that the government is siding with unions over small businesses. She also criticises the bill's new definition of casual employmentA work arrangement where the worker is not guaranteed ongoing hours, but this page focuses on when a job is genuinely casual and when a worker can ask to become permanent. as one of its most egregious features.

    “No evidence is required for unions to exercise their right-of-entry powers. The National Farmers Federation is right to be concerned about the new rights of entry without notice, which would allow union reps to enter farms unannounced. For most farmers, their workplace is also their family home. The farm is their kids' backyard. Union reps should not be able to waltz in unannounced, and this begs the question: what does this mean for small businesses that operate out of their owners' family homes? Does this bill give union representatives the right to enter a family home purely based on a fear that an underpayment has occurred? No-one knows the answer to this question. Perhaps we will have to rely on the Prime Minister and his word as his bond if he tells us that it's not the case. How on earth does this provision balance the rights and liberties of employers and employees fairly?”
    Read this contribution in Hansard ↗
  6. Slade Brockman Brockman opposes the bill, saying it is a union-driven overhaul that will hurt flexibility, add red tape for small businesses, and weaken productivity and jobs.
    “This is an economically destructive bill. It will damage our economy over time and it will see more people on the unemployment queue. I think that is a disgrace, and this bill should not be supported.”

    Liberal Party • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗

Greens

2 speakers · 2 support

  1. David Shoebridge Shoebridge says the Greens support the bill because it improves fairness and protections for workers, especially by strengthening rights for insecure and casual workers.
    “The Greens are on record as supporting this bill and wanting it to go further. We are supporting this bill and acknowledging that it goes some way to giving Australia a fairer and more equitable industrial relations system that really focuses on the rights of working people; to having a system that gets away from the idea that the market will determine everything and that workers are just little widgets that get put into the economy; and to actually ensuring that peoples' rights as workers, as employees, are respected and that they're treated as people—not as little economic widgets that can just be squeezed, manipulated, sacked, reengaged and contracted out but actually as people.”

    Australian Greens • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗

One Nation

1 speaker · 1 oppose

Minor parties and independents

2 speakers · 2 support

  1. Lidia Thorpe Thorpe supports the bill as a welcome but overdue step that improves protections for workers, especially casuals and gig workers.
    “To conclude: I will support this bill, as it is an important step to ensuring better workplace conditions for so many people. Much of the detail of what this will look like in the future remains to be seen, and I look forward to the agenda the Fair Work Commission will set up for determining minimum standards for digital platform work. I will keep watching this process closely and I will stand with workers always.”

    Independent • Senator • 07 Feb 2024

    Read the full speech in Hansard ↗

Full record

Full chat