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Senate votes down 15% backpacker tax after passing ABCC bill – politics live Senate votes down 15% backpacker tax after passing ABCC bill – politics live
(35 minutes later)
1.40am GMT
01:40
Paul Karp: How big a deal is the ABCC?
Paul Karp
Labor’s employment spokesman, Brendan O’Connor, has responded to the passage of the Australian Building and Construction Commission bill by saying the government has made so many changes it may as well have stuck with the current regulator, Fair Work Building and Construction.
That’s because the current regulator already has coercive powers and many checks and balances have been reinserted by crossbench amendments.
At the same time, Labor has said the new ABCC is an attack on workers’ rights, so it does seem to be having a bob each way about how big a difference it will make.
One part of the ABCC bill that will have a major impact is the building code, which regulates the content of industrial agreements of construction companies that want to win government work. There is a two year phase-in for the code so no companies will lose government work immediately.
As the Construction Forestry Mining Energy Union national construction secretary, Dave Noonan, has noted, the code prevents the union bargaining over things such as limits on casualisation of work, promoting apprentices, limits on overtime and job security.
These are bargaining restrictions that are not contained in the Fair Work Act, imposed on the construction sector but not other industries through government procurement policies.
The risk the government runs with all this, though, is that the Senate will disallow the code, or that Labor will tear it up when it returns to government. Similarly, it could move to abolish the ABCC (again). The Greens’ industrial relations spokesman, Adam Bandt, has already said the Greens will do both.
Labor tried to regulate industrial relations indirectly through procurement like Xenophon did as well, by setting generous conditions for cleaners of Commonwealth buildings in its last term. The Coalition tore the policy up.
The problem all this sets up is that industrial relations becomes less about conditions negotiated between employers and employees (and their representatives) and more about a see-sawing tug of war between Labor and the Coalition about who will encourage more generous conditions and employee representation rights when one is in government, and the opposite when the other wins.
Part of the success of the Fair Work Act is that Australia has finally enjoyed the same industrial relations framework for (almost) a decade. But, for the highly politicised construction sector, that stability doesn’t exist.
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01:16
Paul Karp
Some context for Rodney Culleton voting with Labor and the Greens on the 10.5% backpacker tax.
As Guardian Australia first reported, a spokesman for Pauline Hanson had said One Nation would be prepared to accept a tax of 12-15% if the government rejected the 10.5% level, which it did in the lower house.
On Friday, Culleton told a press conference he was “not at all” prepared to accept a tax higher than 10.5%. He said he wanted the tax to be “fair right across the board” and to encourage workers to undertake fruit-picking.
When told Hanson was prepared to go up to 15%, he said he was “not aware” of that and believed the position was to keep it at 10.5%. Asked about the difference of opinion, he said, “It’s an opinion, it’s nothing final, until it’s a fact, we’re still discussing it.”So ... don’t say the government wasn’t warned that Culleton thought differently to his colleagues.
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1.14am GMT1.14am GMT
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Just to my last point, Rod Culleton made the final point lest you think he was not independent on his leader.Just to my last point, Rod Culleton made the final point lest you think he was not independent on his leader.
There’s no nose ring. No one is going to lead me around.There’s no nose ring. No one is going to lead me around.
1.11am GMT1.11am GMT
01:1101:11
One Nation senator Rod Culleton says he never supports more costs for farmers because he is one. He avoids the question of whether he told Pauline Hanson specifically that he was going to vote against the 15% proposed by her.One Nation senator Rod Culleton says he never supports more costs for farmers because he is one. He avoids the question of whether he told Pauline Hanson specifically that he was going to vote against the 15% proposed by her.
Everything is on the table until the vote is in the chamber.Everything is on the table until the vote is in the chamber.
Culleton says the amended backpacker tax is back in the government’s court. He says the tax cannot be set at 15%.Culleton says the amended backpacker tax is back in the government’s court. He says the tax cannot be set at 15%.
My disappointment is with the Nationals who should be out there protecting farmers which clearly they are not. My disappointment is with the Nationals who should be out there protecting farmers, which clearly they are not.
Rod Culleton is essentially an independent. Government has to negotiate with Hanson and Culleton separately.Rod Culleton is essentially an independent. Government has to negotiate with Hanson and Culleton separately.
.@NationalFarmers: "We're absolutely frustrated, disapointed and can't believe this insanity continues." Re #backpackertax @abcnews #auspol.@NationalFarmers: "We're absolutely frustrated, disapointed and can't believe this insanity continues." Re #backpackertax @abcnews #auspol
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at 1.32am GMT
1.04am GMT1.04am GMT
01:0401:04
Just back to the Labor press conference on the backpackers tax.Just back to the Labor press conference on the backpackers tax.
Joel Fitzgibbon has foreshadowed the Coalition attack on Labor. Indeed the finance minister, Mathias Cormann, has already accused Labor of forcing the tax rate to 32.5%.Joel Fitzgibbon has foreshadowed the Coalition attack on Labor. Indeed the finance minister, Mathias Cormann, has already accused Labor of forcing the tax rate to 32.5%.
This will happen if no resolution happens.This will happen if no resolution happens.
Labor says the government should just accept the will of the parliament and set the rate at 10.5% – Jacqui Lambie’s original proposal.Labor says the government should just accept the will of the parliament and set the rate at 10.5% – Jacqui Lambie’s original proposal.
The government has already said they will not accept that rate.The government has already said they will not accept that rate.
Anthony Albanese makes the point that as government leader in the lower house in the Gillard-Rudd government he had a hung parliament to deal with on every bit of legislation. Get over it, he says.Anthony Albanese makes the point that as government leader in the lower house in the Gillard-Rudd government he had a hung parliament to deal with on every bit of legislation. Get over it, he says.
Albanese uses the example of when One Nation thought they had a deal on the five-year freeze on the passenger movement charge, only to find out the legislation could not be binding.Albanese uses the example of when One Nation thought they had a deal on the five-year freeze on the passenger movement charge, only to find out the legislation could not be binding.
[The Coalition] couldn’t keep their word on the floor of the parliament for 15 minutes. They then know that that was a con because it’s been said by everyone, including the speaker of the House, that that is not actually binding.[The Coalition] couldn’t keep their word on the floor of the parliament for 15 minutes. They then know that that was a con because it’s been said by everyone, including the speaker of the House, that that is not actually binding.
Now, I managed a parliament where 70 votes out of 150, without losing a vote on a piece of legislation, and I did it by treating crossbenchers with respect, by not lying to them, by not conning them, by engaging in proper, good faith discussions.Now, I managed a parliament where 70 votes out of 150, without losing a vote on a piece of legislation, and I did it by treating crossbenchers with respect, by not lying to them, by not conning them, by engaging in proper, good faith discussions.
This government thinks it is smart when they try and con crossbenchers and then they wonder why it comes back to bite them.This government thinks it is smart when they try and con crossbenchers and then they wonder why it comes back to bite them.
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Bowers’ ScoMo magic.Bowers’ ScoMo magic.
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Backpackers vote: things fall apartBackpackers vote: things fall apart
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Derryn Hinch: I'm not on anyone's side, I'm an independent.Derryn Hinch: I'm not on anyone's side, I'm an independent.
Derryn Hinch is justifying his move down from 19% to 15% to 10.5%.Derryn Hinch is justifying his move down from 19% to 15% to 10.5%.
Right now I am 10.5%.Right now I am 10.5%.
He tells Sky the ball is now in the government court.He tells Sky the ball is now in the government court.
Right now I am sticking to my guns.Right now I am sticking to my guns.
He says government senators said, “But you’re on our side.”He says government senators said, “But you’re on our side.”
I told them I am not on anyone’s side. I am an independent.I told them I am not on anyone’s side. I am an independent.
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at 12.48am GMTat 12.48am GMT
12.38am GMT12.38am GMT
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Chris Bowen, Anthony Albanese and Joel Fitzgibbon are speaking about the backpacker tax rate.Chris Bowen, Anthony Albanese and Joel Fitzgibbon are speaking about the backpacker tax rate.
Bowen:Bowen:
A few moments ago, the Senate voted against a backpacker tax rate of 15% and voted for a backpacker tax rate of 10.5%. It’s also important to remember how we got here. We got here because of the government’s lack of consultation.A few moments ago, the Senate voted against a backpacker tax rate of 15% and voted for a backpacker tax rate of 10.5%. It’s also important to remember how we got here. We got here because of the government’s lack of consultation.
We got here because of the government’s arrogance. Again on Monday, Scott Morrison, and I quote, in a very immature contribution said, “The Labor party can go jump”.We got here because of the government’s arrogance. Again on Monday, Scott Morrison, and I quote, in a very immature contribution said, “The Labor party can go jump”.
He wasn’t interested in talking to the Labor party about a sensible solution, wasn’t interested in a sensible bipartisan consensus.He wasn’t interested in talking to the Labor party about a sensible solution, wasn’t interested in a sensible bipartisan consensus.
He said, “The Labor party can go jump. We don’t need the Labor party to get this sorted.”He said, “The Labor party can go jump. We don’t need the Labor party to get this sorted.”
Well, that has been shown now to be utterly untrue. The solution here is very simple: Scott Morrison should swallow his pride.Well, that has been shown now to be utterly untrue. The solution here is very simple: Scott Morrison should swallow his pride.
He should walk into the house of representatives this afternoon and accept the will of the parliament that the backpacker tax rate should be 10.5% to make it competitive with New Zealand.He should walk into the house of representatives this afternoon and accept the will of the parliament that the backpacker tax rate should be 10.5% to make it competitive with New Zealand.
The solution is right there before the government. If they could put aside their arrogance and incompetence for a moment and accept the solution of 10.5% then Australia’s farmers, horticulturalists, growers and the tourism sector could get the certainty they need.The solution is right there before the government. If they could put aside their arrogance and incompetence for a moment and accept the solution of 10.5% then Australia’s farmers, horticulturalists, growers and the tourism sector could get the certainty they need.
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12.35am GMT12.35am GMT
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Pride comes before ...Pride comes before ...
a fall.a fall.
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12.24am GMT12.24am GMT
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Just briefly, there is some confusion on the ABCC bill vote.Just briefly, there is some confusion on the ABCC bill vote.
Following the demise of Bob Day, the government needs eight of the 10 crossbenchers to pass legislation.Following the demise of Bob Day, the government needs eight of the 10 crossbenchers to pass legislation.
The ABCC bill passed with support ofThe ABCC bill passed with support of
Opposed were:Opposed were:
But the vote was 36-33, I hear you cry?But the vote was 36-33, I hear you cry?
There were three pairs - which means both sides agreed to three people on each side being out of the chamber.There were three pairs - which means both sides agreed to three people on each side being out of the chamber.
Government votes are 39 - 3 pairs = 36Government votes are 39 - 3 pairs = 36
Labor votes are 36 - 3 pairs = 33.Labor votes are 36 - 3 pairs = 33.
12.15am GMT12.15am GMT
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The Senate moves on to the vocational education and training loans bills.The Senate moves on to the vocational education and training loans bills.
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12.14am GMT12.14am GMT
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Passenger movement charge increase from $55 to $60 passes the Senate 33-32.Passenger movement charge increase from $55 to $60 passes the Senate 33-32.
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12.12am GMT12.12am GMT
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And my ABC friend and rural affairs reporter:And my ABC friend and rural affairs reporter:
So.Do we have a #backpackertax resolution?No.#auspolSo.Do we have a #backpackertax resolution?No.#auspol
12.09am GMT12.09am GMT
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Just on the 10.5% rate, my Weekly Times friend notes:Just on the 10.5% rate, my Weekly Times friend notes:
Hinch has sided with Labor - after consistently stating he backed 19 per cent, then 15 per cent #auspol #backpackertaxHinch has sided with Labor - after consistently stating he backed 19 per cent, then 15 per cent #auspol #backpackertax