Fair Work Legislation Amendment (Closing Loopholes) Bill 2023

Milton Dick

The question is that the amendments moved by the member for Goldstein be agreed to.

Tony Burke

I should also add with respect to the part of the amendment that deals with the gig economy that the additional layer not referred to in the earlier contribution is that people also have to be working on a digital platform. One of the things that we are conscious of here is that we are dealing with a new jurisdiction. We are going beyond the employment relationship in a way that industrial law in Australia hasn't previously. We are wanting to make sure that we give enough flexibility to the commission in dealing with this that we don't simply create a new set of loopholes that a rogue platform provider can find their way around and effectively evade the minimum standards that apply to every other platform. So, while I hear the issue that's been raised on the way it's been structured, we've certainly had good consultation with the gig platforms and we believe that we have found the right balance. That's why it has been left in that form.

Kylea Tink

I rise in support of the member of Goldstein's amendments. Again, I want to acknowledge the minister in giving his time and further guidance to us as to how these decisions were reached in terms of what form this legislation has taken. I would like to acknowledge again the personal conversations he and I had on this very matter in terms of what was a reasonable period of time for people to be employed in a business under a labour hire agreement before they should be looked at on a broader term.

The only comment I would make, Minister, is that this is containing this to such a short period of time. Three months is not even the retail peak season over Christmas these days. Many Australians would know that we can expect to see Easter eggs on the shelves prior to Christmas because our retail pathways are getting longer and longer. In this context, while I understand and thank the minister for sharing his and his team's thoughts on this, I would, again, respectfully request that the minister and his team consider moving this from three months, if not all the way to 12 months, at least out to six months. I think there are many seasons that go beyond 12 weeks. Let's be clear: that's what we're talking about. It's 12 weeks worth of work. It's 12 weeks at the end of a financial year when a business is trying to get all its records in place. Twelve weeks over Christmas is not the Christmas period. As we are seeing even now, Black Friday was last Friday but sales started two weeks before and my understanding is that it's still going.

While I recognise what the government is trying to do with this amendment, I would ask the team to look at this again to ensure that that definition of three months is consistent with where we find ourselves in our modern-day economic cycles, recognising that sometimes peak teams can be required for up to six months. That doesn't make them permanent employees. They can be released at the end of that six-month period, particularly if there is then a very quiet season on the other side of it, which we often see with seasonal workers.

Milton Dick

The question is that the amendments moved by the member for Goldstein be agreed to.