Federal politics: Labor’s Closing Loopholes legislation raises concerns for agriculture on two fronts

Agriculture will feel the pinch on two fronts following a pair of industrial relations reforms being made in Canberra. See the concerns.

The Albanese Labor government’s right-to-disconnect laws passed in the parliament on Monday will massively “disadvantage” agriculture, according to the peak farming body’s leader.

National Farmers Federation chairman David Jochinke said the changes in the Closing Loopholes legislation, whereby a worker can elect not to respond to calls or emails from an employer outside work hours, were impractical in a dynamic setting such as agriculture.

Workers have the option of taking their employer to the Fair Work Commission if they are punished for not responding to out-of-hours contact under the changes.

But separate legislation will be introduced later this week to remove any possibility of criminal penalties from the right-to-disconnect element of the legislation.

Harvest is a time when many the services of many additional employees are engaged. Picture: Zoe Phillips

But the measures already passed into law will make life harder for farmers who need to call on casual workers at peak times that are always at the mercy of weather.

“We work in an uncontrolled environment,” Mr Jochinke said.

“If the minister thinks he can predict the weather better than the Bureau of Meteorology and give that information to farmers then we can get the legislation to work.

“But these people have never been around a farm and actually understood what it means to have harvest pressure, or a wet day on shearing, or trying to work with the seasons.

“Until they get a clearer understanding of that, they will never understand agriculture.

“There are definitely times of the year when there is downtime and people need to be left alone and they are.

“But when it’s go-time and it’s the one time of the year you’re going to make money, not spend money, it is ludicrous to say you can’t contact your workforce.”

National Farmers Federation president David Jochinke is concerned about the impact of right-to-disconnect laws that have been passed in parliament. Picture: Martin Ollman

The government was left red-faced late last week when its bill passed the Senate with Greens amendments that included criminal penalties for employers that breached the rules.

Employment and Workplace Relations Minister Tony Burke said the amendments should have been fixed, but accused the Liberals of throwing a “pathetic tantrum to keep criminal penalties in”.

Burramine mixed farmer Peter Lawless said the laws would be difficult to implement for farmers who employed casuals at busy times in addition to permanent staff they may have.

“The hours can be so irregular during those peak times like harvest,” he said.

“Most people are smart enough that if an employee does a bit of extra work they will get a bit of extra time off.

“Under these changes, someone who has been brought on for harvest could knock off at 5.30pm and you then get a bad storm, but the employer can’t ring them a few hours later and say ‘have a sleep in’.”

National Party leader David Littleproud. Picture: Martin Ollman

Meanwhile, National Party leader David Littleproud has also been critical of another element of the new Closing the Loopholes legislation that could put farmer safety and biosecurity at risk by giving unions the right to enter farms unannounced.

Mr Littleproud said the changes not only risked intruding on privacy and the personal safety of farmers, but also had possible animal welfare implications.

“There are fears among industry that these changes give unions enhanced rights to enter farms unannounced, which is mind boggling and defies common sense,” he said.

“The farm is often the family home for many Australians.

“Any unintended consequences leading to an outbreak of a disease will cause lower food supply and higher food prices.”

Mr Jochinke shared the Nationals’ leader’s concerns and described it as a “ridiculous over-reach”.

“There are enough rules already if there is an unsafe practice happening,” he said.

“If there is anything to be gained from this discussion it should be giving the appropriate bodies like police and WorkSafe more power or resourcing.

“Not creating a third-arm of enforcement and giving it to the unions.”

Queensland organic poultry farmer Sarah Sterns said there would be huge risks to privacy.

“I am not comfortable with the idea at all,” she said.

“Because we are organic and free range, we cannot afford to have people on our farm, who are unfamiliar with the risk of viruses spreading.”