The Albanese government’s new industrial relations bill closes no loopholes as its title claims other than to close off areas of the workforce where the nation’s antiquated and complex award system, and the unions it supports, have lost some of their grip., the bill and its 500-page explanatory memorandum gives Industrial Relations Minister Tony Burke huge powers to re-write already broad definitions in the bill to extend the scope of regulation to rope in more businesses and sectors.
BHP now reckons the bill could cost it more than the $1.3 billion a year it first estimated because the language is vague enough to pull in more workers than it thought. Only a tiny minority of workers ever use existing law to opt for permanent work, most preferring the casual leave loading cash up front. Workers can still choose to remain casual. But the government would impose 10 tests on employers, many subjective and applied to any given case, but which most importantly bar any pattern of regular hours or any commitment to continuing work.
The impact on gig work will be profound for the food deliverers and ride sharers that are now staples of urban life. The bill creates a new category of workers called the “employee-like”. They would still pick and choose their jobs and hours, the essence of gig work. But they would receive minimum pay and conditions like penalty rates and paid leave when they do.