House debates
Thursday, 24 May 2007
Questions without Notice
Workplace Relations
2:18 pm
Patrick Secker (Barker, Liberal Party) Share this | Link to this | Hansard source
My question is addressed to the Prime Minister. Would the Prime Minister outline to the House how a flexible workplace relations system allows employers and employees to negotiate arrangements which best suit their workplace? Is he aware of plans to roll back this flexibility? What impact might these plans have on Australia’s strong economy?
John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source
I thank the member for Barker for that question. I am delighted to inform him that we have had some recent evidence of the benefits of flexibility in our workplace relations system. According to the Adelaide Advertiser of today’s date, the City of Port Adelaide Enfield, which is one of the largest councils in the state of South Australia, has negotiated a non-union collective agreement directly with its workforce. This is not an AWA, it is not a common law contract; it is a collective non-union agreement. It is a very interesting collective non-union agreement. It provides for an annual pay rise of four per cent; it is for a period of five years; the staff voted 169 to 93 in favour of the agreement; and 84 per cent of people voted. Interestingly enough, the agreement was opposed by the Australian Services Union, which is the union that has award coverage. They started off on the negotiations but towards the middle they decided to pull out. It is very interesting to read the description given to the attitude of the union by one of the spokespeople for the workforce, Rebekah Yates. This is what she had to say:
“Those guys have a different backing. Their backing is from a national point of view that they’re against WorkChoices,” representative Rebekah Yates said.
“It became apparent that they were not interested in anything else.”
So what you have is a situation where an agreement manifestly for the benefit of the workforce, providing in each of the five years for a four per cent increase, was voted for overwhelmingly by the workforce and opposed by the union. Why was it opposed by the union? Because it is not in the interests of the union movement to support these kinds of agreements. It is not in the interests of the union movement of Australia because these agreements can actually be concluded without the participation of a trade union under the current law. The point I want to make is that, if the Labor Party’s current policy is introduced—if Labor were to win the election and introduce its policy—this kind of agreement would not be possible.
Julia Gillard (Lalor, Australian Labor Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source
That is not right. Not true.
John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source
The member for Lalor, right on cue, says that that is not right—
Simon Crean (Hotham, Australian Labor Party, Shadow Minister for Trade and Regional Development) Share this | Link to this | Hansard source
That is rubbish.
John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source
But it is right.
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! The minister for employment and the member for Hotham!
John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source
The union was originally involved in the negotiations and, under the Labor Party’s policy, Fair Work Australia would be able to require the employer to negotiate in ‘good faith’ with the union.
Simon Crean (Hotham, Australian Labor Party, Shadow Minister for Trade and Regional Development) Share this | Link to this | Hansard source
That is right—
John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source
If there was a disagreement between the union—and the member for Hotham knows; he is nodding his head. He knows that I am right.
Simon Crean (Hotham, Australian Labor Party, Shadow Minister for Trade and Regional Development) Share this | Link to this | Hansard source
You are completely wrong.
John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source
If there was involvement by the union, that would be enough for Fair Work Australia to say, ‘Righto employer, you’ve got to bargain in good faith with the union,’ and if there is disagreement they would compulsorily arbitrate the so-called dispute and the individual workers would miss out. This is the sort of flexibility—
Simon Crean (Hotham, Australian Labor Party, Shadow Minister for Trade and Regional Development) Share this | Link to this | Hansard source
No, but you don’t have—
John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source
This is not an AWA, it is not a common law contract; this is a collective, non-union agreement, and they are the sorts of agreements that are allowed under our policy. They are the sorts of agreements that would be killed stone dead under the policy of the Australian Labor Party.
2:23 pm
Anthony Albanese (Grayndler, Australian Labor Party, Manager of Opposition Business in the House) Share this | Link to this | Hansard source
My question is to the Prime Minister and it refers to his previous answer. Isn’t it the case that not only has the ministerial committee on which Tony Nutt sits as his representative approved the market research, but the government has also entered into a contract to conduct the climate change and community information and education campaign, which will include a mail-out to all Australians?
John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source
I repeat what I said yesterday: the government has not approved this campaign. I have not, my department has not and my office has not.
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! The Prime Minister has the call.
John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source
But on the general question of government advertising, I think there is a case for government advertising, because it is frequently the case that companies in this country disobey the law because they apparently do not know what it is.
Anthony Albanese (Grayndler, Australian Labor Party, Manager of Opposition Business in the House) Share this | Link to this | Hansard source
Mr Albanese interjecting
Anthony Albanese (Grayndler, Australian Labor Party, Manager of Opposition Business in the House) Share this | Link to this | Hansard source
Check with Tony!
David Hawker (Speaker) Share this | Link to this | Hansard source
The member for Grayndler is warned! The member for McPherson has the call.
2:24 pm
Margaret May (McPherson, Liberal Party) Share this | Link to this | Hansard source
Thank you, Mr Speaker. My question is addressed to the Minister for Employment and Workplace Relations. Would the minister inform the House what protections exist for working Australians under the workplace relations law? Are there any recent examples of these protections being enforced?
Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source
I thank the member for McPherson for her question. In 1997 the coalition government put in place a workplace regulator with real teeth—the Office of Workplace Services. The Office of Workplace Services has recovered nearly $50 million for underpaid employees since 1997. Since March last year, the OWS has recovered $11.4 million on behalf of over 7,400 underpaid employees. It has also taken legal action—I think you people should be listening to this—
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! The minister has the call. The minister will be heard!
Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source
It has also taken legal action against more than 40 companies. The OWS, which will soon become the Workplace Ombudsman with additional powers, has investigated and prosecuted big and small companies who have treated their employees badly.
This government is committed to proper and thorough investigation by a well-resourced regulator when allegations of improper activity are made. This is in stark contrast to the Labor Party and the trade union movement, who are prepared to trample over the top of people who may be acting in good faith but, at the same time, are running businesses to help to employ other Australians. For example, only yesterday the Leader of the Opposition and Deputy Leader of the Opposition, together with a cheer squad in the union movement, reacted to a media report about a small business—the Lilac City Motor Inn—in the New South Wales drought affected town of Goulburn. I will not pass judgements on the employment agreements offered specifically to their workers until I have the full facts provided to me by the Office of Workplace Services, but what I can say is that there is a human cost to this story.
The motor inn was bought by Don and Joanne Doolan two years ago when it had only six employees. Today it has 13 employees. Don and Joanne Doolan have two small children. In those two years, the Doolans have worked very hard to build the business up and involve themselves in the Goulburn community, particularly—as the member for Hume would know—during a very difficult time for a severely drought affected town. After the Labor Party and the unions whipped up outrage about the motor inn yesterday, I am advised that this resulted in customers ringing the business to say that they would never stay there again.
Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source
In addition, as a result of the publicity whipped up, the Doolans have received hate emails and phone calls from across Australia and even overseas. Whenever serious allegations are raised, we will properly investigate them, but we are mindful of the fact that when allegations are made, you have to check the facts. If the Leader of the Opposition and the Deputy Leader of the Opposition had yesterday made a phone call to this business—
Alby Schultz (Hume, Liberal Party) Share this | Link to this | Hansard source
You were too gutless to do that, weren’t you!
Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source
then they would have found out that this business—
Alby Schultz (Hume, Liberal Party) Share this | Link to this | Hansard source
Mr Schultz interjecting
Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source
is trying to employ—
Alby Schultz (Hume, Liberal Party) Share this | Link to this | Hansard source
Mr Schultz interjecting
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! The member for Hume is warned!
Julia Gillard (Lalor, Australian Labor Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source
I didn’t refer to them once.
Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source
When a small business is trying to employ people and create wealth, it has responsibilities to its own staff and it has responsibilities to the broader community. When the Labor Party and the trade union movement try to make a political point next time, they should bear in mind that businesses like this help to prop up the Australian economy.
David Hawker (Speaker) Share this | Link to this | Hansard source
Order! Members are holding up their own question time.