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Sunday penalty rates will be a major issue as MPs head to Canberra for a new sitting week.
Key points:
- Labor to introduce bill which prevents Fair Work Commission's decision from taking effect
- "Of course we support the independence of the Commission," Brendan O'Connor says
- Michaelia Cash says Labor "can't have it both ways"
Labor's employment spokesman Brendan O'Connor has drafted legislation to protect penalty rates, and Opposition Leader Bill Shorten has written to Malcolm Turnbull calling for him to support it.
"Labor will give notice today of the intention to introduce a bill which will prevent the decision of the Fair Work Commission from taking effect," Mr O'Connor told AM.
"It will also ensure that penalty rates cannot be cut in future if it results in a cut in take-home pay."
Workers in the hospitality, retail, fast food and pharmacy sectors will be affected by the decision to more closely align Sunday penalty rates with Saturday pay.
It is estimated more than 600,000 could see a cut to their pay because of the ruling.
Sunday penalty cuts:
| Full and part time | Casual | |
|---|---|---|
| Retail | 200pc down to 150pc | 200pc down to 175pc |
| Hospitality | 175pc down to 150pc | No change |
| Fast-food | 150pc down to 125pc | 175pc to 150pc |
| Pharmacy | 200pc down to 150pc | 200pc to 175pc |
The decision was made last week by the Fair Work Commission (FWC).
The organisation is headed up by Justice Iain Ross, who is a former union official.
Its decisions are independent of Government and Mr Shorten last year said he would respect the Commission's decision, even if it decided to cut penalty rates.
But despite this, Labor's Brendan O'Connor said the Government was to blame and the decision needed to be overturned.
"Of course we support the independence of the Commission, you know, generally speaking," he said.
"But this decision was so untenable we had to respond by saying we cannot support it."
He denies that Labor is selectively choosing which FWC decisions it will and will not support.
"We don't tend to do that," he said.
"This is a threshold issue for Labor. We are guardians of the Commission, we've supported the umpire for decades.
"But this decision, and if we allow it to take effect, will mean that the lowest paid workers in our society will be losing money."
Labor attack likened to 'Mediscare' campaign
Employment Minister Michaelia Cash was scathing of Labor's approach, and would not be supporting the Opposition's proposal to override the decision.
"You cannot have it both ways," she told AM.
"The Fair Work Commission is either an independent arbiter or it's not."
She said Labor was setting a dangerous precedent by calling for this decision by the FWC to be overturned.
"What's next for Bill Shorten? Is it legislating the minimum wage, is it legislating interest rates, is it overturning a decision by the judicial process that Bill Shorten says, 'You know, I'm actually not happy with that so I'm going to legislate'?" she asked.
And Senator Cash likens Labor's attack to the so-called "Mediscare" campaign, where the Opposition claimed during the election that Medicare was under attack.
"If Labor wants to again indulge in a deliberate scare campaign, then quite frankly, shame on Labor," she said.
But Mr O'Connor said the campaign they were about to launch was similar to another fight Labor ultimately won.
"This matter is much closer to the WorkChoices debate we had a decade ago," he said.
"If we can't get this through the Parliament we will make sure that Malcolm Turnbull wears this decision every day from now until the election and then let the people of Australia decide what they think."
Topics: government-and-politics, federal-government, hospitality, industry, australia