Dennis Jensen (Tangney, Liberal Party) Share this | Hansard source

The Fair Work (Registered Organisations) Amendment Bill 2014 seeks to address the foolish and bungled amendments that Labor passed in 2012, led by none other than the current Leader of the Opposition. The issues in this bill are core to the promises we gave at the last election, and we intend to deliver on our promise to help the Australian people and the economy. This bill seeks to cut the large amount of unnecessary red tape, especially relating to the unjustifiable power and position that unions can impose on the workplace. It seeks to minimise the huge amount of inefficiency that unions bring to business, whilst ensuring and entitling that the rights and integrity of workers are preserved. These amendments hope to engage unions and the workplace in fairer dealing. It essentially puts the 'fair' back into 'fair work'.

The current policy imposes a large amount of red tape and gives inexcusable powers to unions to frustrate and inconvenience businesses in their day-to-day operations. These common sense amendments will aid businesses; however, at the same time, they will limit but not cease union powers. Unions do have their place in society, but let us make some distinction here with how businesses and the economy take the centre role. It is Australian businesses and the economy, not unions, which line the pockets of workers. It is Australian businesses and the economy, not unions, that put bread on the table. And it is Australian businesses and the economy, not unions, that bring prosperity to the Australian people.

These amendments address the disgraceful extent to which unions are impinging on Australian businesses. For example, BHP recorded 676 right-of-entry visits to the Worsley alumina plant in 2010 alone. These visits require employers to set aside time and resources to attend to entry requests, and they must also allocate resources to escorting permit holders on the premises. The current legislation allows union representatives to enter the workplace and to enter into discussions with employees, even though the workplace may have no members of the union in question.

These amendments follow on from the Fair Work Act Review Panel's recommendations, which the previous government failed to implement during their term. The review set out some common sense, practical recommendations, which are reflected in these amendments. The Leader of the Opposition, who was then the responsible minister, pushed through rushed reforms, without understanding or anticipating how his solutions would be worked. Labor rushed them through, without thinking how they would affect other parts of Australia's society; instead, they were just thinking about how to appease their union mates. Unions, under Labor's misguided modifications, advance the notion that unions can enter into a workplace, even though no employee has sought their presence. So, if the unions are claiming to represent the workers, why are they entering into workplaces without the permission of those workers they claim to represent? This is a fantastic demonstration of how Labor failed to take a macro perspective on the Fair Work Act, just as it has done with so many other areas of policy.

The fair work amendments rebalance the powers of unions with the efficiency of businesses. This policy ought to have the support of both sides of the House, because this amendment aims to put the 'fair' back into 'fair work'. It aims to rebalance the personal liberties of Australian workers, whilst supporting the prosperity of Australian businesses and thus the prosperity of Australia's economy. It aims to rebalance the fairness of the act and to cut red tape which intrudes unnecessarily on Australian commercial interests, whilst ensuring transparency, accountability and responsibility of those commercial interests. This policy reflects the coalition's central philosophies of ensuring and instilling personal liberty and choice to the Australia people. It releases the shackles that the unions have imposed upon Australia, whilst allowing them, the unions, to fulfil a role in society that does not dominate or damage the liberty of Australian workers or does not dominate or damage the Australian economy.

It is false to assume that workers' rights cannot hang in harmony with that of economic prosperity. These two fundamental parts of a workplace should not, and will not, be at odds with these amendments. Industrial action hurts employers, employees, customers and families. It is the aim of these amendments to settle industrial disputes in a peaceful manner that prevents undue action, without an extensive bargaining stage. Labor's loophole in the current bill allows unions to 'strike first, talk later'. This must be stopped! The loophole must be closed and unions need to know that negotiation is the first step in settling an industrial dispute. Ironically, Labor's promise from 2007 will actually be legislated.

The only reason why these recommendations were not legislated during the terms of previous Labor governments is that they just could not get their act together. These amendments are fair and balanced. The government is now introducing policy which will make sure that, if an employee of the Commonwealth is for some apparent reason owed money by the Commonwealth, that employee will retain the value of that money by introducing interest payments. These interest payments will retain the value of the money owed, with the payment being calculated in line with the consumer price index.

The amendments will also address the growing need in Australian workplaces for flexibility. The bill at inception has seen the need for flexibility. However, just like many other policy areas, Labor identified but failed to address this very important area of Australia's modern workplace. This government is determined not to impose decisions about industrial action on the people of Australia. Rather, we will enforce the power of choice to the Australian people. We, on this side of the House, give the choice to Australia and Australians. We, on this side of the House, give prosperity to Australia and all Australians. We on this side of the House give liberty.

The amendments to the Fair Work Act not only give fairness to workers and business but are a sign that Australia is prepared and well equipped to handle future problems. They are a sign to investors that Australia is open for business. They give business and investors confidence through knowing that Australia is mature in handling industrial disputes. Investment in Australia will ensure the future success of all Australian business and thus the prosperity of workers and the prosperity of all Australians.

I am speaking today on the Fair Work amendment bill, because I want to bring the issue of fairness to the Fair Work debate. I note that the Labor party has an undying adherence to the mantra of fairness. In particular, Labor fancies philosophers such as the American John Rawls to justify their attempts at redistributive fairness. How ironic is it that Fair Work as Labor knows it, sees it and wants it is so unfair. Fairness by definition and practice is entwined with personal liberty. No matter whether it is a positive or negative view of personal liberty or is the freedom from or freedom to, fairness and liberty are related. How unfair is it then that unions can so entrust themselves in the Australian workplace in their own every inefficient way? How unfair is it then that unions take from the productive to line the pockets of the unproductive? How unfair is it then that Labor used legislation when it was in government to try to protect the position of the unions? Labor knew that the concept, need and purpose of the unions was dead. Membership is going in one direction only, to the grave. It is going to zero. The union movement in my experience has been a parasitic beast tormenting small and medium businesses in the electorate of Tangney. I need not remind members opposite of the names of disgraced ex-union officials. Names like Jackson and Thompson ring around the homes of this nation, as unwanted as the names Ben and Jerry are wanted.

This debate and this government are all about productivity and adding value. This debate should be about protecting those who add value, not those who only take and, most insidiously, are on the take. Do not just take my word for it. Former AWU National Secretary Paul Howes said in 2013, in relation to union dishonesty and corruption, 'If we ignore any pocket of dishonesty it will grow like a cancer'. This legislation and these amendments have the strong support of those members of the union movement who share the same discouragement, disillusionment and disappointment.

Let me educate the good members who oppose what we are doing. We are acting because we said we would. We are keeping our promises, something Labor will never understand. Our plan, the fully costed policy document we took to the last election, spelt out clearly how we felt about unions. It also spelt out how we were going to make unions work for workers again, not for unions. We promised the Australian public 'better transparency and accountability of registered organisations'. It is the coalition's belief that Australians joining trade unions deserve to have confidence in the conduct and administration of these organisations. Let me say also that this debate takes place in the context of the ongoing inquiry by the royal commission into union corruption. Unions and corruption seem to go together like bread and butter—Wilson, Blewitt, Gillard. The Liberal Party has been the law and order party ever since the days of Menzies. How could I not support this bill? How could I not be happy about this bill, as it increases the penalties for breaches of current civil penalty provisions and even criminal penalties in some cases.

In sum, being light on union heavies is no longer possible. The economy and our global competitiveness position demand that we get more innovative and more competitive. Our future prosperity demands that we get the heavy hand of union mobs off the economic tillers. If we do not act now then, due to union greed and myopia, Australia will become what Singapore's former and first Prime Minister, Lee Kuan Yew, predicted: 'The poor white trash of Asia'.

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