House debates

Wednesday, 23 November 2022

Questions without Notice

Workplace Relations

2:20 pm

Jenny Ware (Hughes, Liberal Party) Share this | | Hansard source

My question is to the Minister for Small Business. Can the Minister advise whether there is an error in the industrial relations regulatory impact statement; and if so can the minister advise the correct figure?

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The Leader of the House is the minister responsible for that part of the question. So I will give him the call.

Honourable members interjecting

He hasn't made the point of order yet.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Prime Minister) Share this | | Hansard source

He's doing a point of order.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I said he's the responsible minister, so I'm asking him to take the point of order. Then I will hear the point of order and then I will hear your point of order. Just so you're clear, if I call the Leader of the House in that capacity, he's doing it as the Leader of the House. If I'm calling him by his full name, I'm calling him as the minister responsible.

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

On the question that has been asked, a regulatory impact statement has been referred to with no context as to what bill it was attached to, no context at all. So I'm not sure how it can be addressed to any minister. If it is something relating to my portfolio, there would have to be more context. I can't see how that's a question actually available to any minister.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I may allow the member for Hughes to rephrase that question, but I will hear from the Manager of Opposition Business.

Photo of Paul FletcherPaul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | | Hansard source

To assist the House, it's page 52 of the regulation impact statement for the fair work secure jobs better pay bill—the bill that has recently passed the House and is going the Senate. Page 52 of the regulation impact statement.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I will allow the member for Hughes to rephrase the question and refer to the bill that she is referring to in her question.

Jenny Ware (Hughes, Liberal Party) Share this | | Hansard source

My question is to the Minister for Small Business. Can the Minister advise whether there is an error in the industrial relations regulatory impact statement? If so, can the minister advise the correct figure?

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I will hear from the Leader of the House.

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

Can I suggest that when a question is so obviously and deliberately not within the portfolio area of the minister it's being raised with, the question, rather than being redirected, should simply be ruled out of order?

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

On the point of order, I will hear from the Leader of the Opposition.

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

With real respect for my colleague opposite, I think he's playing a little cute on this one. This issue has been quite contentious in the Senate already. Whether he has been conveyed that message or not—I would be very surprised if he hasn't—but the fact is that the question was put to the Minister for Small Business. It relates to the position within the regulatory impact statement that goes to small business impact, the 15,000 medium sized or large sized business. There is an obvious mistake that the minister should be aware of and she should—

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Resume your seat. I call the Leader of the House.

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

To the point of order raised by the Leader of the Opposition, he actually just gave the game away. He actually said, even if you add all the extra context, it's about a medium sized business question, not about the small business minister. Even if we accept everything he has just said, they've still got it wrong! There is no way in the world that that question is a valid question in the way they've tried to direct it.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

The Leader of the Opposition?

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

Is the argument now that the small business minister can't answer a question in relation to medium sized businesses? Is that the argument being put by the Leader of the House? How long does this protection racket continue on for?

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

To assist the House, I'm going to ask the member for Hughes to rephrase the question one more time so that the House can deal with the issue.

Government members interjecting

Order! Members on my right! The member will resume her seat. The House will come to order. Members on my right, I'm trying to hear from the Prime Minister on a point of order. The members on my right will cease interjecting.

The member for Kingsford Smith is warned. I give the call to the Prime Minister.

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Prime Minister) Share this | | Hansard source

Past speakers have, at this embarrassing point, just asked to move on. We should move on to the next question. I'm sure there's a member on this side with a question to do so.

Opposition member s interjecting

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! Members on my left! I want to give the member for Hughes a fair go. She's a new member. I'm going to ask her, out of courtesy and out of the respect I have for her, to ask the question. If it is out of order I will rule it so.

The member for Lalor is warned. I give the call to the member for Hughes.

2:26 pm

Jenny Ware (Hughes, Liberal Party) Share this | | Hansard source

My question is to the Minister for Small Business. Can the minister advise whether there is an error in the industrial relations regulatory impact statement, particularly under the fair work legislation amendment bill, particularly in relation to page 52 of that document, and, if so, can the minister advise the correct figure of that error?

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I'm going to rule the question out of order. She's got time to rephrase it correctly so either it's directed to the right minister or it includes the right information. On the point of order, the Leader of the Opposition.

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

It's my submission to you, Mr Speaker, that I don't believe you can rule a question out of order on the following basis—

Government members interjecting

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I want to hear from the Leader of the Opposition. Order!

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

I have the call, Mr Speaker. I'm making a point of order.

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I'm just going to hear from the Leader of the Opposition, and then I'll call the Prime Minister.

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

The provision within the regulatory impact statement relates to small business. That's the section that is being referred to. For your information, Mr Speaker, it's not beyond the remit of the minister—in fact, it's entirely within her portfolio responsibilities. If the Minister for Small Business can't answer a question that relates to the financial impact of the legislation—

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Resume your seat. Thank you. On the point of order, the Leader of the House.

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

It's on a different point of order. Is the member of Hughes even in her correct seat, the one she'd have to be in to be able to get the call?

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Under the standing orders, members must be in their correct seats.

Honourable members interjecting

Order! The Leader of the Opposition.

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

To assist you, Mr Speaker, I've not heard a more petty point of order made in this place, to start with.

Government members interjecting

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

Order! Resume your seat. Members on my right will cease interjecting. I give the call to the Leader of the Opposition.

Photo of Peter DuttonPeter Dutton (Dickson, Liberal Party, Leader of the Opposition) Share this | | Hansard source

With respect to you, Mr Speaker, you chose to give the member the call. That can't be now overruled by some post backed advice from the Leader of the House. You made a judgement to give the call—

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

You may resume your seat. Thank you. I understand your point of order. To assist the House, I would remind all members to reside in their seat, as per the standing orders. I'm going to move to the next question, and we'll come back to the member for Hughes.