List of Recommendations

Recommendation 1

2.85

The committee recommends that the Australian Government amends the Fair Work Act 2009 to ensure that the wages and conditions of labour hire workers are at least equivalent to those that would apply had these workers been directly employed by their host entities.

Recommendation 2

2.92

The committee recommends that the Australian Government immediately introduces a comprehensive national labour hire licensing scheme covering all business sectors, and requiring mandatory registration and continuous compliance with all legal obligations. It is recommended that significant penalties apply for those entities which continue to operate without being registered, and for those organisations which engage the workers of such unregistered operators.

Recommendation 3

2.98

The committee recommends that the Australian Bureau of Statistics enhances its labour hire data collection techniques for labour hire operators, labour hire workers, and host entities which engage their services, with the aim of better determining the prevalence, and scope, of this form of workforce arrangement in Australia.

Recommendation 4

2.102

The committee recommends that the Australian Government enhances its monitoring and compliance activities of labour hire operators to ensure that they are compliant with all their legal obligations. It is envisaged that such an approach would promote collaboration with unions, data-sharing amongst government entities, and utilise joint investigations, as required.

Recommendation 5

2.107

The committee recommends that the Australian Government investigates whether labour hire workers are more reluctant to raise safety concerns due to fears of reprisal from their employer and/or host and, if this is found to be the case:

develop effective methods for the Fair Work Ombudsman to safeguard these workers from such reprisals, and to promote their capacity to promptly raise workplace health and safety concerns with both their host organisations and their labour hire operators; and

improve the general protections provisions of the Fair Work Act 2009 to ensure labour hire workers are effectively protected when speaking out.

Recommendation 6

3.64

The committee recommends that the Australian Government requires mining operators to conduct local labour market testing prior to engaging fly‑in‑fly‑out and drive‑in‑drive out workforces.

Recommendation 7

3.65

The committee recommends that the Australian Government requires mining operators to meet best-practice in managing the physical and mental health and safety of their fly‑in‑fly‑out and drive-in-drive-out workforces.

Recommendation 8

3.66

The committee recommends that the Australian Government commissions comprehensive contemporary research into the economic and health impacts resulting from mining operators utilising fly‑in‑fly‑out and drive‑in‑drive‑out workforces. Amongst other things, such research would assess the impacts on:

demand for services delivered by local governments;

the ability of local governments to raise revenues through taxation;

small and medium businesses located in towns located close to mine sites; and

the physical and mental health of workers and their families.

Recommendation 9

3.78

The committee recommends that the Australian Government commissions comprehensive research to determine the specific impacts of insecure employment on workers in the mining industry, with a focus on determining its effects on their ability to secure home loans; and on decisions such as place of residence, schooling, and major purchases; and their mental health.

Recommendation 10

4.72

The committee recommends that the Australian Government works with unions and experts to build upon the minor improvements to worker protections introduced through the Pacific Labour Scheme and Seasonal Worker Program, to introduce superior protections for these workers, and for workers arriving through the Australian Agricultural Visa.

Recommendation 11

4.76

The committee recommends that the Australian Government consults with unions to identify how right of entry laws can be improved to deliver better protections for workers, particularly in industries identified as high-risk for exploitation and wage theft by the Fair Work Ombudsman, such as in horticulture, higher education, and meat processing.

Recommendation 12

4.82

The committee recommends that the Australian Government works closely with, and provides additional funding for, the Fair Work Ombudsman to:

enhance the provision of translating and interpreting services for migrant workers seeking information or lodging a complaint;

expedite the investigation of complaints and enforcement of industry awards in the horticultural and meat processing industries; and

work collaboratively with unions to ensure migrant workers are made aware of their legal entitlements, and have access to a union. Relevant unions should also be provided with a greater proactive auditing role.

Recommendation 13

4.83

The committee recommends that the Australian Government implements protections which ensure that migrant workers’ personal information is not disclosed by the Fair Work Ombudsman to immigration authorities (including the Department of Home Affairs).

Recommendation 14

4.84

The committee recommends that the Australian Government imposes significant penalties for employers who demonstrate a pattern of non‑compliance with their statutory employment obligations, including criminalising wage theft.

Recommendation 15

4.85

The committee recommends that the Australian Government implements an efficient, accessible, and inexpensive mechanism for workers to promptly recover all unpaid wages and superannuation to which they are entitled.

Recommendation 16

5.133

The committee recognises the merit of an independent body with the power to make and enforce binding standards on aviation supply chain participants, including airports and their central role. Those standards include 'same job, same pay' for outsourced and labour hire workers performing functions directly connected to aviation operations, job security protections, and fair procurement standards. The committee recommends the Australian Government consults with industry participants, including unions, employers, and other stakeholders on the development of this body.

Recommendation 17

5.134

The committee recommends the Australian Government imposes obligations upon companies in receipt of future public bailouts, which prioritise job security and guarantee that companies cannot follow Qantas’ lead, and exploit emergencies to engage in illegal workforce restructuring.

Recommendation 18

5.146

The committee recommends the Australian Government works with the Transport Workers' Union, the transport industry, and relevant stakeholders to establish an independent body, such as a National Transport Tribunal, which would:

review and set minimum standards for safety, pay and conditions for all operators and workers including contractors in the transport sector;

ensure minimum standards are enforceable on all supply chain and contracting parties, including by providing an effective enforcement regime and penalties for infringements;

adjudicate transport contract network disputes, including in relation to the unfair termination of engagements; and

defend the rights of all workers, including contractors, to join and be represented by their union and facilitate collective bargaining.

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