Kieran Gilbert

Welcome back to the program. Let’s get more now on this IR deal between the Government and the crossbench, particularly the Independent Senator David Pocock. With me is the Shadow Workplace Relations Minister Michaelia Cash. Before we get to industrial relations, let me ask you about the National Anti-Corruption Commission.

Senator Cash

Yep.

Kieran Gilbert

The Attorney General says the Coalition is trying to hold this up with an amendment. Do you want this to go through or not?

Senator Cash

The Attorney-General is completely totally and utterly wrong. We’ve actually facilitated in the Senate five bills today to get through so the Government can get to the Second Reading debate (which we’ll get onto shortly) and we’ll finish tonight. We’ll go into Committee tomorrow, and the National Anti-Corruption Commission will pass tomorrow.

Kieran Gilbert

What’s the amendment you’ve put forward?

Senator Cash

The amendment is in relation to the appointment of the person who will head up the commission. We have always said it needs to be a bipartisan appointment to send a clear message to Australians, that this particular person has the support of both sides of politics. I don’t know what the Attorney-General is going on about.

Kieran Gilbert

Okay. So it’s not a controversial proposal.

Senator Cash

Absolutely not.

Kieran Gilbert

And you want it to go through this week? We want it to go through, we support it and we are facilitating the passage of it. You don’t support a censure of the former Prime Minister Scott Morrison, you were critical of his multiple Ministries weren’t you?

Senator Cash

Absolutely not. I said the former Prime Minister should have apologized. But let’s look at what Virginia Bell’s report says – he did nothing wrong when it comes to the legalities. But not only that, Kieran, we’re in the final few days of the Parliament and Mr. Albanese is acting like an Opposition Leader as opposed to a Prime Minister. Australians are facing a cost of living crisis and the best he can offer them is let’s censure the former Prime Minister. That’s it. I’d be more worried about addressing and making a few decisions in relation to the costs of living crises.

Kieran Gilbert

Well, some of your colleagues might cross the floor on it though – they feel pretty strongly about it.

Senator Cash

Well that’s a decision for my colleagues. I will not be supporting it, Peter Dutton will not be supporting it and as I said, Mr. Albanese needs to start acting like a Prime Minister, and address the real issues Australians are facing – not acting like an Opposition Leader.

Kieran Gilbert

The Workplace Minister said in the House of Representatives that the Coalition is essentially not showing common sense in some of the comparisons you’re putting forward about the common interest test. Like if a small business in a shopping centre were to be equated to Woolies. He’s saying that does not satisfy a common interest test? In that the Coalition is not being reasonable in terms of some of these comparisons? What do you say on that?

Senator Cash

What I say to that is, they are stark raving mad, quite frankly. What they need to then do when we go into the Committee stage on this Bill is I will put all of those scenarios to the Minister in the Senate, and they can formally rule them out on Hansard. Because the common interest test, as it is currently drafted, is so far fetched, you can take into consideration the geographic location and the regulatory environment.

Kieran Gilbert

But he’s saying – the change made yesterday, it has to be reasonably comparable. But isn’t reasonably comparable – reasonably comparable. That sounds quite clear.

Senator Cash

Right. So, the change made yesterday. We had absolutely no detail whatsoever on the change made yesterday. But I’m glad the minister brought this up. Because you see it now means that during the committee stage, I will be questioning in detail what is ruled in and what is ruled out, but ultimately Kieran look at what employers think.

Kieran Gilbert

You don’t agree with that?

Senator Cash

The devil is always in the detail with the Australian Labor Party. Do you know what the Minister forgot to tell employers yesterday? That in relation to the changes to the Better Off Overall Test, which they had agreed with employers. They’ve done a dirty deal with Australian Greens and guess what? They are off the table. Where was the Minister yesterday saying to the Australian people – by the way I gave a guarantee to the employers in relation to the BOOT and now I’ve done a deal with Australian Greens and that is off the table.

Kieran Gilbert

So that workers don’t go backwards. That was the agreement.

Senator Cash

No, the changes were in relation to whether or not hypothetical scenarios could be taken into consideration and future workers. Employers and the Albanese government had come to an agreement. And that agreement – I’ve spoken to employers, I’ve seen the announcement by the Australian Greens. Again Kieran, the bigger point is this – Mr. Burke has been very clear, all of the provisions in the bill remain regardless of the amendments. And the employers have been clear, the amendments do nothing to address the fundamentals in relation to what is wrong with this bill.

Kieran Gilbert

What about this 6 to 9 month grace period? So if a business is on or has enterprise bargaining?

Senator Cash

Yep.

Kieran Gilbert

All that business has to do is start the negotiation for another EBA. And then they won’t be able to access multi-employer bargaining.

Senator Cash

Hold on, listen to what employers are saying – they are saying that nothing in this bill addresses what is fundamentally wrong. That an employer can still be compelled to bargain, that we’re getting rid of the supremacy of the relationship between the employer and the employee. And as for small businesses, what the Labor Party is conveniently forgetting to tell Australians – they can still be compelled to bargain in the supported bargaining stream. Hello, $14,500 bargaining tax which they will have to pay.

Kieran Gilbert

But you don’t accept as stated in the law or the bill that a small business with 20 or less employees is excluded from multi-employer bargaining?

Senator Cash

Only from the single interest stream not from the supported bargaining stream. The Labor Party have been very clear. And the Minister today, the Small Business Minister, she answered questions in the House of Reps – they can be compelled to bargain in relation to the supported bargaining stream. Hello, $14,500 tax just before Christmas. Merry Christmas from the Albanese government. Not a great Christmas present for small businesses in Australia.

Kieran Gilbert

Michaelia Cash I appreciate your time as always.

Senator Cash

Always great to be with you.