House debates Questions without Notice
Workplace Relations
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
3:04 pm
My question is again to the Prime Minister and again about the Commonwealth Bank AWA, and I refer to his previous answer where he said there was choice: choice between an old certified agreement—2002, I think the Prime Minister said—and an AWA which is not protected by the no disadvantage test and which—unlike what the Prime Minister says, that it buys out ‘several’ award conditions—excludes 46, including: travelling expenses, removal expenses, temporary accommodation expenses, transfer expenses, assistance for employees transferred long distances—
David Hawker Speaker
Order! The member for Perth will come to his question.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
I am, Mr Speaker.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
telephone allowance, use of home telephone—
David Hawker Speaker
The member for Perth has made his point. He will come to his question.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
Mr Speaker, I am asking—
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
Mr Speaker, I am asking a question; it is entirely consistent with standing orders and I should be entitled to ask it.
David Hawker Speaker
The member for Perth would be well aware that it is not necessary to introduce material unless it is needed to illustrate his point. Now that he has illustrated his point, he will come to his question or he will resume his seat.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
The Prime Minister said ‘several’ and there are 46.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
Mr Speaker, are you ruling that I cannot conclude my question?
David Hawker Speaker
I have just asked the member for Perth to conclude his question.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
In that case, Mr Speaker, if you are ruling that I cannot complete my question, I dissent from your ruling.
David Hawker Speaker
I would remind the member for Perth that I have not given a ruling.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
Yes, you have. I will keep going, in that case.
David Hawker Speaker
I remind the member for Perth that I have asked him to come to his question. I have not given a ruling.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
In that case, can I proceed on the basis that I can complete my question?
David Hawker Speaker
If the member for Perth wishes to complete his question then he will proceed.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
Telephone allowance—on call, intersuburban travel allowance—
Tony Abbott Warringah, Liberal Party, Leader of the House
Mr Speaker, I raise a point of order. I can understand the embarrassment of the member for Perth, but he has moved dissent and he cannot withdraw that. He should now proceed with his dissent motion.
David Hawker Speaker
I remind the member for Perth that I have not given a ruling.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
I said that if it was your ruling I move dissent.
David Hawker Speaker
The member for Perth cannot give a hypothetical. Therefore if he wishes to come straight to his question, he may do so; otherwise, he will resume his seat. The member for Perth will come straight to his question.
Stephen Smith Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations
Telephone allowance—on call, intersuburban travel allowance, car allowance—
Kim Beazley Brand, Australian Labor Party, Leader of the Opposition
Mr Speaker, on a point of order: what is going on here is that the terms and conditions of employment that have been obviated by the AWA are being read out in the form of a question, which is perfectly within the constraints of standing order 100(d), which says that questions must not contain statements of facts unless they can be authenticated—which they can—and are strictly necessary to make the question intelligible, which obviously they are. The member for Perth is going through the list of entitlements that are being removed by the AWA. He is not putting epithets around it; he is not putting argument to it; he is going through the list. And that is part of the process of holding this place accountable.
David Hawker Speaker
The member for Perth had given ample illustration of a point that he was raising. He continued to defy the chair, so I asked him to resume his seat.
Roger Price Chifley, Australian Labor Party
Mr Speaker, I understood that the Leader of the House made a point of order indicating that dissent had been moved and that the dissent motion needed to be proceeded with. Could I inquire as to how you have ruled on that point of order?
David Hawker Speaker
I ruled that I had not, at that point, made a ruling. I have now asked the member for Perth to resume his seat and I am calling the next question. I call the honourable member for Perth.