Joanne Ryan (Lalor, Australian Labor Party) Share this | Hansard source

I rise for the third time in an attempt to complete this speech on the Fair Work (Registered Organisations) Amendment Bill 2014, which only goes to show my commitment. I begin where I finished by saying that the Fair Work (Registered Organisations) Act already provides for statutory civil penalties where a party knowingly or recklessly contravenes an order or direction made by the federal court or the Fair Work Commission under the registered organisations act or the Fair Work Act.

Under the Fair Work Act, officers of registered organisations already have fiduciary duties akin to those of directors under the Corporations Law. The registered organisations act already requires officers to disclose their personal interests. It already requires officers to disclose when payments are made to related parties. It already requires officers to exercise care and diligence, act with good faith and not improperly use their position for political advantage. It is, therefore, not surprising that we should question the motives of this government and the reasons for the introduction of these proposed reforms.

The government promised to regulate registered organisations in the same way as corporations. However, they have broken that promise. This bill places higher penalties and a more onerous regime on officers of registered organisations than those that are imposed on company directors. There are still recommendations to come from the various inquiries this government has established. Wouldn't it make more sense to wait for those outcomes and recommendations? This bill is pre-emptive and ill-conceived and it is also a broken promise.

Why is this government rushing to impose this onerous regime and penalties that exceed those in the Corporations Act? As always, we need to question the motivation of the government. Is this just a political attack on unions. I will remind members of the impact on workers when Work Choices was introduced in 2006, to help them think about and determine whether this legislation is just an attack on unions. Three workers at a cabinet installation company in the west of Melbourne were sacked on the day Work Choices came into effect and then offered casual positions at a lower rate of pay. Seventy Optus workers received letters from the company directing them to a seminar to teach them how to set themselves up as contractors. As contractors they would be up to $300 a week worse off and would have to pay $12,000 for their own van, as well as workers compensation, superannuation and other overheads. A woman employee of 15 years was sacked while she was on sick leave, just days after the Work Choices laws came into effect. A clerical employee was dismissed via email for requesting her pay, which was six weeks in arrears. A university student was working in a medium sized business which dismissed all permanent employees on the day the new legislation came into effect. They were offered AWAs with lower levels of pay and worse conditions. A young worker lost her job in a cafe after refusing to sign an AWA which included a hefty pay cut. A hairdressing apprentice was offered a contract which included an unpaid trial as a condition of employment and no overtime or penalty rates.

Workplace laws are about balance between the workers and the employers. They are about balance between unions and big business. They are about balance between law breaking and good governance. Is this legislation about balance or is it just an ideological attack? We have reason not to trust the coalition when it comes to workplace relations. They have form. In 2004, they did not tell the Australian people about their plans to introduce Work Choices and AWAs. In 2005, they told the Australian people their pay and conditions were protected by law, when they were not. In 2008, Tony Abbott said Work Choices was:

… good for wages, it was good for jobs and it was good for workers. And let’s never forget that.

In his book Battlelines, Tony Abbott said, 'Work Choices wasn't all bad.' Labor will not support a politically motivated witch-hunt designed to kill off unions just because the government seeks to reward its friends in big business.

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