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Pocock agrees to deal on IR Bill

David Pocock… “This is now a substantially different Bill to the one introduced in the House of Representatives a month ago.” Photo: Belinda Strahorn

THE Albanese government has struck a deal with ACT senator David Pocock to secure his vote in the Senate for its Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill .

Pocock says his wide-ranging agreement will see the government support numerous amendments to the legislation to address concerns by a wide-range of stakeholders, from small businesses to low-paid workers.

It also includes a commitment from the government to establish, in legislation, an expert advisory committee, led by the Treasurer and Minister for Social Services, to review the adequacy of support payments annually ahead of each federal budget and publish their recommendations.

Pocock said taken together, all of these measures will strike the right balance between ensuring people start receiving long overdue wage rises, maintaining productivity and protecting the most vulnerable in our communities.

“This is now a substantially different Bill to the one introduced in the House of Representatives a month ago. It is better for business, better for workers and makes sure the most vulnerable in our community are no longer left behind,” he said.

“I have worked with the government to push them as far as they would go, and then a step further to ensure they addressed key concerns raised with me.

“This legislation introduces significant reforms to Australia’s industrial relations system that will benefit women and low-paid workers in particular.

“There are now additional safeguards in place for business, especially small businesses, and some important new powers to better protect the low paid and those reliant on government support.

“In what I believe will be a game changer for people living below the poverty line in our country, the government will now also receive independent expert advice that is made publicly available before each federal budget looking at how the most vulnerable in our community are faring and what needs to change to ensure we don’t leave them behind.

Commitments agreed with government include:

  • A commitment from the Prime Minister to establish a new independent Economic Inclusion Advisory Committee led by the Treasurer and Social Services Minister to review the adequacy of support payments annually ahead of each federal Budget, and publish any recommendations.
  • A commitment from the Prime Minister to consider and respond to the recommendations of the Murray Review within this term of government to better protect subcontractors.
  • A commitment from the Employment and Workplace Relations Minister to review modern awards.
  • Small businesses with fewer than 20 employees based on headcount (and excluding seasonal workers and other irregular casuals) will be excluded from the single-interest, multi-enterprise bargaining stream.
  • The government will undertake a statutory review no later than two years after the passage of the Bill
  • The “grace period” during which a single-interest multi-enterprise bargaining authorisation can be granted from six to nine months.
  • Introduce a new reasonable comparability threshold into the common interest test. 
  • Introduce new safeguards for businesses that have fewer than 50 employees based on headcount wanting to exit multi-enterprise bargaining and with the onus of proving a common interest on the applicant for these businesses.
  • Increase the “minimum bargaining period” for the purpose of intractable bargaining declaration from six to nine months.
  • Require conciliation to take place before arbitration over working arrangements unless there are exceptional circumstances.
  • Remove the right to veto an agreement by allowing the Fair Work Commission to compel a multi-enterprise agreement to be put to a vote regardless of whether employee organisations agree and prevent parties unreasonably withholding agreement.
  • Carve out civil construction from all streams of multi-enterprise bargaining.
  • Give the minister a new power to declare an industry or occupation eligible for the supported (previously low paid) bargaining stream.
  • Make it easier for firefighters, including volunteer firefighters, to access workers compensation benefits for seven additional cancers, including women’s reproductive cancers.
  • Task the new National Construction Industry Forum with providing advice to government on measures that will ensure contractors are paid accurately and in a timely manner in the construction industry.

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