House debates
Tuesday, 10 October 2006
Personal Explanations
3:10 pm
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
Mr Speaker, I wish to make a personal explanation.
David Hawker (Speaker) Share this | Link to this | Hansard source
Does the honourable member claim to have been misrepresented?
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
Absolutely—
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
by the Prime Minister, just then. Yesterday in question time I asked the Prime Minister a question in respect of the Martin Donnelly Electrical Services AWA and referred to the fact that ‘payment of bonuses, overtime, loadings, penalties or other allowances is at the sole discretion of the company’. That is reflected by the AWA. Secondly, I asked if the Prime Minister was aware that ‘a multistorey allowance is removed’. That is reflected by the AWA. Thirdly, I asked if the Prime Minister was aware that there is no guaranteed pay increase during the three-year life of the agreement. That is reflected by the AWA—three years from 1 October 2006. In addition, to deal with some of the points raised by the Prime Minister, under the collective agreement there is a productivity allowance of—
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth will show where he has been personally misrepresented.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
I am.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
I am.
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! The member for Perth will resume his seat. The levels of interjections are far too high. The member for Perth has the call. The member for Perth will show where he has been personally misrepresented.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
The Prime Minister went through parts of the agreement in seriatim and I am responding to that.
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! I remind the member for Perth that he will show where he has been misrepresented.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
If you gave me the opportunity—
David Hawker (Speaker) Share this | Link to this | Hansard source
The Prime Minister was adding to an answer.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
That is precisely what I am doing The collective agreement refers to 100 hours per year personal leave; the AWA, 76 hours. The AWA refers to a requirement to work reasonable additional hours beyond 38 hours per week; the agreement refers to 36 hours per week. The AWA says that the conditions of employment state that overtime paid for hours over 38 hours per week is at 150 per cent for the first three hours and 200 per cent thereafter. The collective agreement refers to 150 per cent—
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! I think the member for Perth has shown where he has been misrepresented.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
I am, Mr Speaker.
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth will not debate the point.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
I am not, Mr Speaker.
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth is debating the point.
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth will resume his seat.
Bob Baldwin (Paterson, Liberal Party, Parliamentary Secretary to the Minister for Industry, Tourism and Resources) Share this | Link to this | Hansard source
Mr Baldwin interjecting
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Paterson is warned! I remind the member for Perth that a personal explanation is that. It is not the same as adding to an answer. The member for Perth must show where he has been personally misrepresented. There are other forms of the House if he wishes to debate the issue.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
The Prime Minister added to an answer and effectively asserted that I had misled the House.
David Hawker (Speaker) Share this | Link to this | Hansard source
And the member for Perth has responded.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
He went through the AWA in detail. I am responding in detail, showing where I have been misrepresented.
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth does not need to debate the point.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
I am not; I am trying to get on with it.
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth will show where he has been personally misrepresented or resume his seat.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
The AWA refers to the tool allowance being included in the hourly rate; the collective agreement has a tool allowance of $12.50 per week. The AWA talks about no electrical certification allowance and the collective agreement has an electrical certification allowance of $35 per week. The AWA has no ACA registration—
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! The member for Perth has made his point. The member for Perth will resume his seat.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
Mr Stephen Smith interjecting
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth will resume his seat.
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
Mr Stephen Smith interjecting
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth is warned! I have explained to him three times—
Kim Beazley (Brand, Australian Labor Party, Leader of the Opposition) Share this | Link to this | Hansard source
Mr Speaker, I rise on a point of order on the ruling that you have just made. All that was happening was that the member for Perth was responding point by point to where the Prime Minister had said that the member for Perth had misled the House—comprehensively, I might say, Mr Speaker, revealing the Prime Minister for the misleader that he is. He ought to be permitted to complete his answer.
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth has already explained where he has been personally misrepresented. If he wishes to use other forms of the House, he can do so. Is the member for Perth rising on a point of order?
Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source
No, I am proposing to continue showing the House where I have been misrepresented.
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Perth will resume his seat.
Lindsay Tanner (Melbourne, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source
Mr Speaker, I rise on a point of order. There has been a constant barrage of interjections coming from the other side. You have taken no action whatsoever to do anything about it, in stark contrast to the way you deal with this side of the House.
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Melbourne is reflecting on the chair, and he will resume his seat.
3:17 pm
Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Immigration) Share this | Link to this | Hansard source
Mr Speaker, I wish to make a personal explanation.
David Hawker (Speaker) Share this | Link to this | Hansard source
Does the honourable member claim to have been misrepresented?
Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Immigration) Share this | Link to this | Hansard source
Yes.
Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Immigration) Share this | Link to this | Hansard source
The Prime Minister claimed that I had a lack of understanding on the minimum rates applicable to 457 visas and claimed that the actual minimum rates went down to as low as $41,000 per year as a salary. If that is the case—
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Watson will show where he has been misrepresented.
Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Immigration) Share this | Link to this | Hansard source
Yes. The Prime Minister asserted that I did not understand how the system worked. The Prime Minister—
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! Members on my right! I will hear the member for Watson.
Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Immigration) Share this | Link to this | Hansard source
I have a letter from the minister for immigration to the Premier of New South Wales seeking permission for $36,000 to be the annual salary, well below the rates that the Prime Minister asserted.
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Watson will resume his seat. He has made his point.