Kerry Rea (Bonner, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Acting Prime Minister. Acting Prime Minister, does the Fair Work Bill allow a union to impose a bargaining fee?

Julia Gillard (Lalor, Australian Labor Party, Deputy Prime Minister) Share this | Link to this | Hansard source

I thank the member for her question and know that she is deeply interested in fairness in Australian workplaces and I know that she, like me, would be very concerned when false claims are made in this debate, false claims particularly made by the Liberal Party, which is twisting and turning, trying to find a justification for voting against the Fair Work Bill.

I want to clarify this matter once and for all. The Labor government is committed to retaining the prohibition on compulsory bargaining fees and the Fair Work Bill is completely in accord with this commitment. The Fair Work Bill expressly prohibits a union or employer industrial association from demanding or for purporting to demand or doing anything that would have the effect of demanding or purporting to have the effect of demanding payment of a bargaining services fee. Any breach of this provision attracts a penalty of $66,000.

The bill ensures that Fair Work Australia cannot approve any agreement that includes bargaining fees. It also provides other strong protections such as prohibiting coercion to pay a bargaining fee. However, as has always been the case under the Workplace Relations Act, it does not prevent a person freely entering into a contract or commercial arrangement for the provision of bargaining services. For instance, an employer organisation may charge an employer on a fee-for-service basis for assistance and representation during the bargaining process, and in fact many employer organisations do just that.

During the course of the Fair Work Bill debate this week from the party of Work Choices opposite we have heard some wild and inaccurate claims about this matter. Take for example this complete nonsense from the opposition spokesperson for workplace relations who said:

Another free kick that is gained by the union movement within this legislation is that the unions are allowed to demand bargaining fees from non-union members.

That claim is wrong. And then one of the architects of Work Choices, the member for Mayo, said:

Of course, what will be included in these agreements? Union bargaining fees.

Another claim completely wrong! Then we have had this rot from the member for Warringah when he said:

Fifth, and finally, it seems—and I stress ‘it seems’—that this bill does actually allow bargaining fees …

This claim is wrong.

Let me be very clear about this. The effect of the provisions in the Fair Work Bill is exactly the same as the current provisions in the Workplace Relations Act, the provisions first introduced by the coalition government in 2003. No amount of misleading is going to change that fact. And while the shadow minister for workplace relations has got this matter wrong and the member for Mayo has got this matter wrong, it may seem quite amazing that the member for Warringah got it wrong, because when he was minister he introduced legislation with the same terms as the Fair Work Bill. He was the minister responsible for legislation which dealt with this matter in the same terms. So you would have thought that when he was minister introducing that legislation he may at some point have been briefed on its meaning and, consequently, not have made inaccurate statements about legislation in similar terms.

What is all this about? What are all these false claims about? Why are members of the Work Choices party of Australia coming into this parliament and making these false claims? It is abundantly clear. They are twisting and turning and looking for any excuse to vote against the Fair Work Bill. Why? Because they are and always will be the Work Choices party, the party of industrial relations extremism in this country.

Honourable Members:

Honourable members interjecting—

Julia Gillard (Lalor, Australian Labor Party, Deputy Prime Minister) Share this | Link to this | Hansard source

Ms Gillard interjecting

Joe Hockey (North Sydney, Liberal Party, Manager of Opposition Business in the House) Share this | Link to this | Hansard source

Mr Speaker, I rise on a point of order. I ask the Acting Prime Minister to please withdraw that comment.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

I did not hear the comment at all.

Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

Mr Speaker, I rise a point of order. Work Choices was what was offensive, not the Acting Prime Minister’s language. There was nothing that the Acting Prime Minister said which was unparliamentary.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

I have the difficulty of not actually knowing what was said. The only thing to do to be consistent when there has been a reaction like this, even if it is not necessary, is to call upon the member concerned to withdraw. I call upon the Acting Prime Minister to withdraw.

Julia Gillard (Lalor, Australian Labor Party, Deputy Prime Minister) Share this | Link to this | Hansard source

I withdraw, Mr Speaker.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

I thank the Acting Prime Minister.