Pauline Hanson, Catholic Church demand changes for workplace law reforms

The Morrison Government has dumped a controversial part of its proposed workplace laws, following demands from Senator Pauline Hanson and other crossbenchers.

The Morrison Government has dumped a controversial part of its proposed workplace laws, following demands from Senator Pauline Hanson and other crossbenchers.

Attorney-General Christian Porter announced on Tuesday the proposed two-year pause of the “better off overall test”, despite defending it as sensible and proportionate.

The Courier-Mail revealed that Senator Hanson wrote to Mr Porter “strongly encouraging” the government to drop that aspect from the bill “to continue good faith negotiations and consideration of the Bill by One Nation Senators”.

Senator Pauline Hanson has delivered an ultimatum urging the government to drop a key part of its workplace reforms if it wants to continue negotiations. Picture: Matt Taylor

Mr Porter said there had been safeguards in place, while the idea had been to assist a small number of businesses badly impacted by COVID.

“The reality is that the provision has only ever been used in very limited circumstances and where the changes were genuinely agreed to by employees,” he said.

“While we continue to believe this was a sensible and proportionate proposal in light of the current challenges our economy is facing, we also understand that this measure had the potential to distract from other elements of the package which will help employers and employees recover from the economic impacts of the pandemic.”

He said removing the BOOT suspension would pressure Labor to explain why it will oppose the rest of the changes, which include a definition for a casual worker and tougher penalties for bosses who underpay staff.

“Labor must now explain why it will oppose these common sense measures, which they have previously expressed public support for,” Mr Porter said.

Senator Hanson’s demands came as Brisbane Catholic Justice and Peace Commission – a body appointed by the Archbishop – urged the government to drop the same provision, claiming the long-term impacts for vulnerable workers would be “locking them into poverty”.

Mr Porter had consistently indicated the government was willing to negotiate with the Senate on a range of measures in order to get the changes, which also include a definition for a casual employee and tougher penalties for employers who underpay workers, through the Parliament.

But Mr Porter on Monday said the laws were based on an existing provision within the Fair Work Act, drafted by Labor, which allowed non-BOOT compliant agreements in exceptional circumstances.

“All the Government has proposed is that the impact of COVID-19 should be recognised as an exceptional circumstance to enable struggling employers to develop survival plans with their employees to help save both the business and jobs,” he said.

“The nominal expiry period of two years mirrors the existing requirements already in place under Labor’s laws.

Attorney-General Christian Porter says the new industrial laws will help businesses and jobs survive. Picture: Sean Davey

“And just like Labor’s laws, employees will be able to apply to the FWC to have an agreement terminated at any time after the nominal expiry date.”