Pocock, Lambie push to split “straightforward” measures covering small business from Labor’s IR reforms package

Senate crossbenchers David Pocock and Jacqui Lambie are attempting to split the government’s industrial relations reform package, arguing uncontroversial changes affecting small businesses should not be lumped in with measures likely to be debated well into the new year.

The pair introduced a suite of private senators’ bills for consultation on Tuesday, in a bid to separate four proposed measures currently contained within the contentious Fair Work Legislation Amendment (Closing Loopholes) Bill 2023.

That bill is the source of major contention between the government and small business representatives, who argue changes covering everything from wage theft criminalisation to new ’employee-like’ rules could constrain local employers.

The measures targeted by Pocock and Lambie include a loophole in the small business redundancy scheme, protections for family and domestic violence survivors, provisions expanding workers compensation for employees experiencing PTSD, and an expansion of Australia’s asbestos safety regime to also cover silicosis and other silica-related diseases.

The Senate is unlikely to consider the omnibus bill as a whole until next year, after a Coalition-led push resulted in a pivotal Senate report being tabled on February 1, 2024.

But separating those amendments from the broader Closing Loopholes bill could allow lawmakers to consider the less-risky proposals when Parliament returns on October 16, the crossbenchers said.

“These are big changes and it’s clear there is a lot of detail and many proposed amendments to work through to ensure we get them right for both workers and businesses,” Pocock said Wednesday.

“But some sections are more straightforward and could be passed earlier.”

Earlier, ACT Senator Pocock welcomed Employment Minister Tony Burke’s decision to move forward with PTSD provisions covering more first responders but suggested it could pass well before the broader Closing Loopholes package.

“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,” said Pocock.

“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.”

Conversations with first responders revealed “they need this help now,” said Tasmanian Senator Lambie.

“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.”

While the proposed PTSD provisions largely extend to the Australian Federal Police, firefighters, ambulance officers, and other emergency services staff, other proposed carve-outs have direct relevancy to small businesses.

The Closing Loopholes bill includes a measure that would stamp out the ability for medium-sized businesses to take advantage of the small business redundancy exemption.

Businesses with 15 employees are fewer are exempt from the obligation to pay redundancy to employees who lose their jobs as the result of their role being made redundant, or the bankruptcy or insolvency of the business.

However, the Department of Employment and Workplace Relations is aware of “unintended and inequitable outcomes” arising from this exemption — specifically, the ability for larger companies to progressively downsize before declaring insolvency, thereby dodging redundancy pay obligations.

The proposed legislation would provide an exception to the small business exemption, ensuring larger businesses could not exploit it to carve legal entitlements away from their workers.

New additions to the Fair Work Act would apply a six-month ‘look back’ period to ensure employers did not deliberately lay off workers to fall under the 15-employee threshold.

Separately, Pocock and Lambie are pushing for new protections for those subjected to family and domestic violence to arrive before the broader Closing Loopholes package.

Under the proposal, the experience of family and domestic violence would become a protected attribute under the Fair Work Act, prohibiting employers from taking adverse action against relevant employees or prospective employees.

If you or someone you know is impacted by sexual assault or domestic or family violence, call 1800RESPECT on 1800 737 732 or visit the 1800 Respect website.

For information about local services, download the free Daisy App. 

Accessible information and support is available via the free Sunny App which has been developed for and by women with disability. 

For Aboriginal Family Domestic Violence Hotline, call 1800 019 123.

For legal information, visit the Family Violence Law Help website.

In an emergency, call 000.