Unions call for pay shake-up and greater rights for casuals

A Senate committee is hearing from some of the nation’s heaviest-hitting unions as it considers amendments to Fair Work laws.

Peak unions have called on the federal government to widen its sweeping workplace law changes to secure greater job security and more pay for millions of casual workers.

Australia’s top unions appeared during a hearing into the government’s contentious workplace law changes in Perth on Friday.

In its submissions, both the Australian Manufacturing Workers’ Union (AMWU) and the United Workers Union (UWU) backed the major overhaul and pushed to expand “same job, same pay laws”.

Mining companies are opposed to the changes. Picture: Carla Gottgens/Getty Images

Union lashes Master Builders’ “disinformation campaign’

CFMEU and Australian Workers’ Union (AWU) representatives on Friday gave evidence before the education and employment legislation committee, where CFMEU construction and general division nationals Secretary Zachary Smith called for a “statutory definition of an employee”.

“What we want is for workers to be treated fairly by reference to objective criteria,” Mr Smith said.

“This won't add complexity, it will simply require common sense.”

He also slammed the Master Builders Association (MBA) and their alleged “disinformation campaign” as part of their efforts to oppose the change.

“Despite the hysteria that the MBA is trying to whip up in the media, this Bill is not going to force tradies to become employees if they’re in genuine business for themselves,” Mr Smith said.

In their submission to the inquiry, the MBA opposes changes to the definition of a casual worker because the current definition is “clear, simple and provides certainty to all parties in an employment relationship.”

“The existing statutory definition creates certainty for business, particularly small business, which boosts business confidence to provide additional employment opportunities,” reads the submission.

“There is no evidence that the existing provision is uncertain, unclear or not working as intended.”

The CFMEU is calling for a statutory definition of an employee, which could give casual workers the right to seek permanency after a period of time. Picture: NCA NewsWire / Jeremy Piper

In its submission, WA’s peak trade union body lashed mining bosses’ criticisms of the labour law changes as a “misleading propaganda attack”.

“Real wages growth in the mining industry has been unimpressive in the last decade and has fallen substantially over the last two years,” UnionsWA’s submission read.

“Wage arrangements in mining have not been working very well for workers. Nevertheless, the profit performance of mining is successful indeed.”

The AMWU and UWU both fronted the Committee during Friday’s proceedings.

‘Incredibly dangerous’: Farmers Federation slams union right of entry laws

The body representing Australia’s farmers has slammed provisions in the proposed legislation which would allow union officials to enter a farm and carry out an inspection without notice.

National Farmers Federation CEO Tony Mahar gave evidence before the committee, in which he said any entry without notice laws are “extremely concerning,” and would create “significant risk.”

“Often farms are places not only of work, but where people live … the suggestion that people can just wander in, unannounced, and have rights of access is offensive, it’s dangerous, it’s a biosecurity risk, it’s an animal welfare risk,” Mr Mahar said.

‘Operationally insane’: Hospitality operators don’t want the rules to change

Australian Hotels Association WA CEO Bradley Woods told the committee any changes to casual employment, at least within the hospitality industry, would create “a level of volatility and uncertainty” for staff.

“The current definition in the act is clear, and provides predictability for both staff and hospitality businesses,” Mr Woods said.

The only way a business would be compliant with the new casual test is to use a lottery-style roster software that would randomise casual employees for a given shift.

“And this, four our businesses, is operationally insane.”

He said many hospitality workers place great importance on the freedom and flexibility allowed by casual employment.

Workplace relations lawyer Bianca Grubor, appearing alongside Mr Woods, said a recent AHA member survey found 44 per cent of respondents had no casual employees ask to be converted to a permanent role since 2021, and of those that did, 82 per cent had fewer than 10 employees ask for conversion.

“Based on these results, it’s apparent, at least for our industry, the desire for casual employment as it currently operates is a comfortable balance between what the employer needs, and ultimately what the employee wants,” Ms Grubor said.

The Australian Hotels Association opposes the changes to the definition of casual employee. Picture: NCA NewsWire / Ian Currie

The Proposed Changes

The second tranche of the federal government’s industrial relations reforms were brought into parliament in September and include efforts to tackle wage theft, create a fair test to determine when a worker can be classified as a casual and widen the Fair Work Commission’s powers.

Under the proposed laws, companies with more than 15 workers would have to compensate “gig workers” with the same pay as those engaged under enterprise agreements.

The role of Australia’s workplace watchdog, the Fair Work Commission, would also be expanded to enforce minimum standards for millions of casual workers.

Both peak hospitality groups and mining companies have harshly opposed the changes, claiming it would injure small businesses and ramp up interventionist behaviour from unions.

More public hearings will be held in Melbourne on Tuesday and in Launceston on Wednesday before the committee’s report is due in February.

Originally published as Unions call for pay shake-up and greater rights for casuals