Senate crossbench ramps up bid to split industrial relations bill

David Pocock and Jacqui Lambie press to legislate less contentious industrial relations changes this year

Independent ACT senator David Pocock. Picture: NCA NewsWire / Martin Ollman

Key Senate crossbenchers have ramped up their bid to split the Albanese government’s industrial relations changes, proposing to use four private senators’ bills as a vehicle to legislate less contentious elements this year.

Ahead of the first Senate inquiry hearing into the Closing Loopholes Bill on Tuesday, ACT senator David Pocock and the Jacqui Lambie Network released the bills that seek to carve out four “urgent workers safety measures” and legislate them by January 1.

The measures include a proposal to simplify workers’ compensation for first responders with post-traumatic stress disorder, including firefighters, Australian Federal Police employees and ambulance officers in the commonwealth jurisdiction, and the expansion of the Asbestos Safety and Eradication Agency to eliminate silica-related diseases.

The crossbenchers also want to strip out proposals to strengthen protections against discrimination for employees subjected to family and domestic violence, and to clarify rules around small-business insolvency measures.

They sided with the Coalition last month to delay passage of the entire bill until at least February, with the government rejecting their subsequent call to bring forward the four measures.

In a statement, Senator Lambie and Senator Pocock said their bills had been released for a two-week consultation period before federal parliament resumed on October 16.

The four bills could be subject to a short, separate Senate inquiry initiated by the crossbench even though they are already being examined by the Senate inquiry looking at the entire bill.

But in a submission to the broader inquiry, the Australian Federal Police Association said it fully supported the passing of the bill “in its entirety” as it addressed many shortfalls in workers’ protections in workplaces, as well as providing long overdue support for police and other first responders”.

“For too long, AFP appointees have suffered from a lack of presumptive legislation, and we thank (Workplace Relations) Minister (Tony) Burke for his work in addressing this shortfall,” it said.

Senator Pocock said first responders, people at risk from silicosis, small-business employees and survivors of domestic and family violence should not have to wait for the added protections contained in the legislation.

“The PTSD provisions are important changes for frontline workers. I’ve been hearing from frontline workers with PTSD about the urgent need for recognition and support. I appreciate the minister moving forward with this provision but it is unclear why it needs to be in an industrial relations omnibus, rather than stand-alone, bill,” he said.

“This isn’t about leaving any workers behind, it’s about bringing forward simple changes that have broad support and will improve worker safety and protections.

“Other parts of the omnibus bill are more complex and require time to properly examine, consult on and consider, whereas these areas are straightforward and uncontroversial.”

Senator Lambie said first responders needed help now. “First responders put their lives on the line for us every day, it’s not all we can do but it’s the least we can do to keep them and their families safe,” she said.

ACTU president Michele O’Neil said any further delay in implementing the changes in their entirety would only hurt workers.

“Australia is in a wages emergency right now, and in an emergency you don’t wait around, you act,” she said.

“If we want to get wages moving, we need to see this bill implemented in its entirety at the earliest opportunity.”

In its submission to the inquiry, the Minerals Council of Australia said passage of the bill should be opposed as it would result in “litigation, industrial disputes and commercial chaos”.

“Contrary to the government’s claims, the council said the same job, same pay changes would apply “well beyond just labour hire – it will cover millions of workers in businesses that provide services to other businesses.

“The proposed industrial relations changes are fundamentally flawed and will inflict immense harm to business and workers, and compound cost-of-living pressures on households.”