It's loopy - Politics is three dimensional chess
I've had stacks of people asking me what's just happened with the Albanese government's Loophole Bill. Here's an update!
Here’s an update on the dealmaking done on 7th December 2023 over the Albanese governments Loophole (industrial relations) Bill. On one level the government has, in the last days of the 2024 Parliament, pulled off a victory. On another level they’ve just suffered a big defeat.
To reflect on this from a ‘stand back-big picture perspective, this is another example of why I’ve come to consider that politics is a game of three dimensional chess. There are always multiple players actively involved all at once. Every player is trying to find the big checkmate move which frankly is impossible although this doesn’t stop the attempts. ‘Wins’ often come through ‘defeat.’ And ‘defeats’ often come through ‘wins.’
Ha! It’s endlessly messy. But that’s politics particularly in democracies.
So what’s just happened? (You’ll be well aware that I’ve been actively opposing key aspects of the Bill. ( See. Destroying competition by destroying small business, The owner-driver suicide (Loophole) Bill, Destroying casuals incomes, Destroying self-employed rights2, Destroying self-employed rights 1 )
Effectively the Albanese government has finally bowed to pressure (or should I say, moves in the chess game) and split the Loophole (IR) Bill into two sections. Yesterday (7 Dec 2023) independent Senators David Pocock and Jackie Lambie secured a deal to pass some parts of the Loophole Bill.
Senator Pocock’s media release states that the agreed changes are as follows:
· Make it easier for First Responders to access workers’ compensation for Post Traumatic Stress Disorder from 1 January 2024 …
· Enhance protections for people experiencing family and domestic violence …
· Expand the functions of the Asbestos Safety and Eradication Agency to include silica …
· Ensure employees of large companies don’t miss out on redundancy entitlements as a business downsizes due to insolvency …
· Close labour hire loopholes consistent with amendments to the legislation that passed the House of Representatives …
· Criminalise intentional wage theft and the non-payment of superannuation, …
· Ensure industrial manslaughter becomes a criminal offence …
· Ensure health and safety representatives can access workplaces …
The issues in this (now) Part One of the Loophole Bill are essentially the ones which the Senate had agreed to in November but were rejected by the government who insisted that the entire Loophole Bill be passed. The Albanese government has now flipped. The only section not agreed to in November and now included is the labour hire bit!
Big business organisations have heavily criticised the passing of the labour hire provisions.
But putting labour hire issues to one side, congratulations must go to the independents in both the Senate and House who have argued to pass some of the Bill, as is now the case.
It’s also fair to recognise the constructive role of the Coalition. It could have taken the attitude of allowing the entire Loophole Bill to pass and letting the economy tank as a result. Some political strategists would argue that such an approach is good politics. In other words, letting the government make a real mess of the Bill would be a pathway to electoral success for the opposition. To its credit, the Coalition hasn’t done this and has put their assessment of policy above crude politics.
The rest of the Bill will now be debated/negotiated next year when Parliament resumes on 6th February. This includes the key issues I say must be rejected. They are
· Overturning common law—High Court rejection.
(Note these links to Self Employed Australia’s position papers on each issue)
At its core these issues are not industrial relations issues. Instead it’s the use of industrial relations law to override commercial law and the fundamental legal and institutional structures upon which the economy currently operates.
These parts of the Loophole Bill are small business destruction items that deny Australians the right to be their own boss. This is how the fundamentals of the economy are attacked. By legislatively outlawing self-employment/small business the core of our free market economy is attacked.
A prime example of this is the direct attack against the fundamentals of competition that underpin our economy. When you destroy small business, you destroy competition. We put our view on this in response to Senate Pocock’s Questions—Competition/Big Business.
The next phase will be the ‘battle’ early next year over these issues that concern us—namely, will small business people be allowed to exist? Will the right to be self-employed be respected? Will the common law and common sense of the High Court be respected? These are the things must be defended.
Early next year (2024) the three dimensional game of chess will move into a fast phase. The two key chess players are now Senators Jacqui Lambie and David Pocock. They are the deal makers and wield more power than Prime Minister Albanese. Will they do a fast, swift deal in early February? Who knows? Will they allow the destruction of self-employed small business in Australia? Who knows?