Senate Education and Employment Legislation Committee, , 8:02:44 to 8:10:42
Discussion regarding allegations of historical underpayments and 'wage theft' in the black coal mining industry and the government's response.
Topics: Workplace relations, Integrity
Speakers: Senator Jess Walsh, Senator Malcolm Roberts, Greg Manning, Senator Marielle Smith
Good, thank you. Partially you've partially done. What a great partial outcome. What this demonstrates is that Labor hire workers in the black coal sector have been underpaid by large amounts for a long, long time. Thankfully, these same jobs, same pay outcomes partially support and confirm our one nation, they actually fully confirm and support our one nation report of February 2024 that demonstrates with hard data that over at least the last 10 years, the total likely underpayment to black coal miner labour hire workers has been up to two billion dollars. Are you aware of that? Are you aware?
I do just want to clarify that we're talking about the same things, Senator, because I am fairly sure that you are now talking in at least partially glowing terms about a piece of legislation that you opposed being the same job centre.
Correct, and I'll be happy to explain that and I will explain in a minute.
Do you now support the same job, same job?
No, no, no, Senator. Minister, that's not the way this process works. The questions are directed at the table and answered from the table. Thank you, Senator Roberts.
Minister, it's a shame that the same job, same pay laws did not and do not address the historical underpayments now confirmed as real by the same job, same pay laws application. Would you agree that the same job, same pay outcomes have demonstrated and highlighted these historical underpayments, Australia's largest wage theft? It covered up your legislation covered up and hid that wage theft.
So we passed legislation and applications need to be taken to the Fair Work Commission to apply essentially for sort of coverage of the same job, same pay provisions which allow then workers to be paid the same if they're on labour hire as direct uh employees and from that point, if that application is successful from that point, uh then there would be new pay rates that would be enforceable for that workforce. Uh that is my understanding and Mr. Manning can assist further.
That's right. I think I think Senator perhaps talking about two different things here in the sense that as the Minister said there's the regulated labour hire regime, which is part of our statistics where I think there's been over 100 orders either made or agreed, benefiting about 8,000 workers up to about $60,000 a year. So that some of them would I assume at some of those figures you're quoting about certain sectors of the mining industry specifically. That's separate from the notion of a formal underpayment in the sense that some of those workers would have been paid, they were getting paid uh lawfully under other instruments, but the regime put in place arrangements whereby if the same work was happening and there was an enterprise agreement in the host workplace, then they should get paid according to that. That's separate from the notion of not being paid lawfully pursuant to uh the prevailing instrument, which is what I would normally associate with an underpayment.
I'm glad you raised that and we'll get to that, and I'll ask you more questions in the in the near future. Minister, is the Labor's same job, same pay bill? I said it's a partial bill. Is the cover-up of Australia's largest wage theft? The reason you did not support my bill, same job, same pay that came out before yours. You did not support that because it exposed the wage theft. Unlike your bill that did not mention back pay that sought to cover up that back pay need. Was your bill intended to hide Australia's biggest wage theft? Intended.
Senator Owl Bill, which you opposed. Um has delivered uh on Mr. Manning's evidence around $60,000 per year. Up to pay rise up to the pay rises of up to $60,000 per year for 8,000 workers across the country. Um we believe that people should be paid appropriately for the work that they do. We knew that labour hire was being used in some cases to undercut workers' pay and conditions. Um we believe that workers working alongside each other doing the same work who are directly employed and on labour hire should be paid the same. Uh and we have provided the uh architecture for workers to achieve uh that outcome. Uh and at the same time the legislation also serves as a disincentive for employers to undercut existing wages and conditions by outsourcing to labour hire. We think all of those things are a good thing. That's why we introduce the legislation. The legislation is working, it's delivering pay rises of up to $60,000 a year for 8,000 workers so far, and this is legislation and outcomes that you oppose.
Minister, you did not answer my question, so I'll ask it again. Was your bill designed or intended to hide Australia's largest wage theft? Why did you vote against a motion I moved in the Senate? If under require the government to investigate claims that casual miners working under enterprise agreements in the black coal mining industry are and have been underpaid, that was moved on the 16th of May 2024 and was successfully passed in the Senate. And you also opposed, I believe, if this clause, if underpayments are found to have occurred, facilitate the reimbursement of the underpayments. Did your bill was it intended to hide these underpayments that have now been proven?
Um Senator, um, if if workers are underpaid, they have another number of avenues that they can take, including um uh raising that with the fair work ombudsman who is here to answer questions. Our legislation was to do uh what it is achieving. Um eight thousand workers are receiving up to sixty thousand dollars a year extra because of our legislation. Um it was designed to do what it says on the label, same job, same pay. If you're a labour hire worker doing the same work next to someone who's a direct employee, um you have the opportunity to apply to be paid the same. 8,000 workers have taken up that opportunity and are receiving up to $60,000 per year in pay rises, outcomes that you apply. And it seems that you continue to oppose the President.
Minister, would the Albanese government be prepared to partner with one nation to move a bill to address and compensate casual coal miner for these historical underpayments, remedying what is a grave injustice to these hardworking Australians and a devastating failure of Australia's industrial relations framework?
Senator, again, there are a number of avenues that workers can take to deal with underpayments. I don't have information about the specific underpayment that you are talking about having occurred. I'm not sure whether Mr. Manning or Ms. Booth do have information about that that can assist you.