House debates Questions without Notice

Workplace Relations

Thursday, 7 September 2006 House of Representatives

Stephen Smith

Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations

2:44 pm

My question is also to the Prime Minister. Is the Prime Minister aware of protected industrial action, a ban on overtime, for Heinemann Electric employees in Melbourne? Is the Prime Minister aware that around 50 employees at Heinemann have worked for eight hours a day for five days and have not been paid, with their payslips showing zero dollars for 40 hours work? Does the Prime Minister think it is fair that today an Australian can work for 40 hours and not get paid?

David Hawker

David Hawker Speaker

In calling the Prime Minister, he is not being asked for an opinion but I will certainly rule the question in order.

John Howard

John Howard Bennelong, Liberal Party, Prime Minister

I am quite happy to express the view that if you work for 40 hours and there are no countervailing circumstances, of course you should get paid.

Stephen Smith

Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations

Mr Stephen Smith interjecting

David Hawker

David Hawker Speaker

Order! The member for Perth has asked his question. The Prime Minister has the call.

John Howard

John Howard Bennelong, Liberal Party, Prime Minister

In relation to the particular dispute, my advice is that there is a legal argument about the status of that dispute. If, as I expect, action is taken in the Federal Court, that legal argument will be resolved by the court. I make the point that this in no way arises from the operation of Work Choices, because there has been a prohibition on the payment of strike pay in Australian law for 10 years.