Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2015

Opposed the government's workers compensation bill, arguing it puts at risk the viability of WorkCover's reserves and will lead to increased premiums for businesses. Criticised the removal of the five per cent common law threshold and the stripping of the investment fluctuation reserve.

“I believe it puts at significant risk the viability of the fund. Under this bill, if the premiums are to be kept low—and that is obviously desirable—then the reserves will have to be eaten into, and it is clear that is going to happen from the committee's report.”— 2015-09-17View Hansard

Moved the second reading of the government bill, arguing it restores fairness by removing the five per cent common law threshold introduced by the LNP, introduces deemed disease provisions for firefighters, and removes employer access to claims histories.

“This is a bill about addressing the harsh and unfair amendments made by the former LNP government that introduced a greater than five per cent threshold to access common law and restricted the rights of many Queenslanders to seek damages against a negligent employer.”— 2015-09-16View Hansard

Supported the government's bill, arguing the LNP's 2013 five per cent threshold was a fundamental attack on workers' rights that excluded over half of injured workers from common law damages. Emphasised the importance of rehabilitation and return-to-work programs.

“The 2013 bill, introduced by the LNP, was a fundamental attack on the rights of Queensland workers. It introduced unjust thresholds for workers to access common law rights.”— 2015-09-17View Hansard

Opposed the government bill's removal of the five per cent common law threshold, arguing it would increase workers compensation premiums by approximately 20 per cent and harm small businesses, and criticised the bill as union payback.

“The peak business group in Queensland is saying to all the Labor members, all the LNP members, the crossbenchers and the Independents: 'Block this bill we are debating tonight. Block it.'”— 2015-09-16View Hansard

Spoke as committee chair in support of the government bill, arguing it restores justice to workers affected by the LNP's 2013 changes and provides proper deemed disease provisions for firefighters. Criticised the LNP private member's bill as poorly drafted and full of holes.

“I believe that the imposition of a permanent impairment threshold to determine whether workers have access to common law is arbitrary and does not reflect a worker's disability or ongoing work capacity.”— 2015-09-16View Hansard

Supported the restoration of common law rights for injured workers and the deemed disease provisions for firefighters. Recounted a personal pledge made to a firefighter constituent to change the law on presumptive cancer causation.

“I made a pledge to him to support the research and science and to change the law to recognise the presumption of causation of a range of cancers to support firefighters. Today I honour that pledge.”— 2015-09-17View Hansard

Opposed the government bill's removal of the common law threshold, arguing it would cost approximately $500 million from WorkCover reserves and lead to significant premium increases. Supported the removal of the 150 exposure requirement for volunteer firefighters.

“Simply put, we are looking down the barrel of a significant increase in premiums for the short term. We are looking at the potential to see claims grow significantly—well beyond those assumed in the government's calculations.”— 2015-09-16View Hansard

Spoke as a committee member and former 21-year Victorian volunteer firefighter in support of the deemed disease provisions, welcoming the removal of the 150 exposure requirement and calling for a robust independent review panel for volunteer firefighter claims.

“I do not want this issue used as a political weapon, as I have heard over the last few months. This argument about covering firefighters is not about politics: it is about ensuring that our volunteer, career and auxiliary firefighters have what they need in their moment of need in diagnosis.”— 2015-09-16View Hansard

Strongly supported the government's bill as restoring fairness for injured workers and delivering nation-leading firefighter protections. Argued the LNP's private member's bill was poorly drafted and would not deliver the benefits it claimed, particularly regarding section 36A interactions for latent onset diseases.

“The private member's bill, if passed, will not deliver the benefits that Queensland firefighters rightfully expect it to deliver and that the member for Kawana claims it will deliver.”— 2015-09-17View Hansard

Opposed the government bill, arguing WorkCover's break-even premium would rise to $1.36, that actuarial advice was withheld as commercial-in-confidence, and that the bill discriminated against volunteer firefighters with the 150 exposure requirement.

“When they are telling the businesses of Queensland that they are able to maintain a base premium at $1.20 and then maintain that the reasons they can do it are commercial-in-confidence, I think that is a crock.”— 2015-09-16View Hansard

Spoke as a former solicitor in support of removing the common law threshold, arguing it discriminated against workers compared to those injured in other circumstances. Also argued the LNP private member's bill was flawed as it failed to provide common law access for volunteer firefighters.

“The only place in Queensland where these thresholds apply is in the workplace. The former government discriminated against the working men and women of Queensland, and it seems that those opposite want to continue that discrimination.”— 2015-09-16View Hansard

Opposed the removal of the common law threshold and retrospective compensation provisions as harmful to business, while supporting the committee's recommendations on firefighter deemed disease provisions including removal of the 150 exposure requirement.

“The non-government members do not support this amendment as it will inevitably lead to premium rises which in turn increase the cost to business and will not encourage employers to engage one more worker.”— 2015-09-16View Hansard

Spoke as a former employment lawyer in support of the bill, citing the case of a worker who lost a finger but was assessed at five per cent impairment and denied common law access under the LNP's threshold.

“It is core to Labor's belief that workers should be kept safe, have strong representation and be compensated when they are injured at work.”— 2015-09-16View Hansard

Opposed the government bill as bad for the economy, jobs, and growth, arguing it would force WorkCover to draw down reserves and lead to higher premiums for small businesses.

“Like many things that this government has done, it is bad for the economy, it is bad for jobs, it is bad for growth.”— 2015-09-16View Hansard

Spoke as Fire minister in support of the government bill's deemed disease provisions for firefighters, outlining government investments in fire stations and equipment, and defending the government's decision to remove the 150 exposure requirement.

“If I were asked for a word that best sums up the spirit of a firefighter, I would not hesitate in saying that they are courageous.”— 2015-09-16View Hansard

Supported the government bill's deemed disease provisions, arguing the LNP private member's bill was poorly conceived and would not deliver benefits to firefighters because it failed to amend section 36A of the act, potentially nullifying the deeming provisions.

“As a consequence of rushing to get this bill before the parliament, the private member's bill has been poorly conceived and drafted.”— 2015-09-16View Hansard

Opposed the government bill for its impact on small business through removing the common law threshold and employer access to claims histories, while supporting the LNP bill for treating all firefighters equally.

“We have a clear choice tonight—support a well-thought-through bill which supports rural firefighters alongside auxiliary and urban firefighters and which supports small and medium enterprises throughout Queensland or support Labor's bill that sees both destroyed.”— 2015-09-16View Hansard

Supported the government bill's deemed disease provisions as giving Queensland firefighters the best workers compensation access of all jurisdictions, noting the government bill uniquely provides volunteer firefighters with unrestricted access to common law damages.

“No other jurisdiction that provides deemed disease entitlements to firefighters allows for this unrestricted right.”— 2015-09-16View Hansard

Opposed the government bill's changes to workers compensation as harmful to small businesses, citing premium savings of $1,800 for a coffee shop and $2 million for an abattoir under the LNP's scheme, and criticised the Fire minister for not standing up for rural firefighters.

“A coffee shop in my electorate saved $1,800 per annum in his little coffee shop. One of my larger abattoirs saved $2 million a year.”— 2015-09-16View Hansard

Supported the government bill as restoring fairness to Queensland's unique short-tail workers compensation scheme, arguing the five per cent threshold was unfair given that 14 per cent of affected workers had not returned to work.

“It is simply unfair to deny workers who are injured due to the negligence of their employer and who are unable to return to work to provide for their families access to compensation for future medical costs and economic loss just because their impairment is below an arbitrary threshold.”— 2015-09-16View Hansard

Strongly supported the government bill as restoring rights taken from workers by the LNP, arguing the 2010 Labor reforms had already reduced common law claims by 15 per cent and there was no justification for the 2013 threshold.

“The reason we are here tonight is to right the wrongs perpetrated by the LNP against vulnerable workers in this state.”— 2015-09-16View Hansard