Senate debates

Thursday, 4 December 2008

Safe Work Australia Bill 2008

Consideration of House of Representatives Message

4:27 pm

Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | Hansard source

Yes, I was, and that is why I re-examined this issue—to make sure that I had it right. I have re-examined and re-examined again and I still believe that these amendments enhance the bill. I have not heard any arguments as to why these amendments do not enhance the bill. Like the opposition, we have not had any engagement with the minister’s office to talk about these amendments and to see if in fact we got it wrong. Maybe we did have it wrong.

As I said, we have given this matter very careful consideration. We have consulted people on a number of occasions about these amendments. Let me remind people what these amendments are about. They insert an objects clause, which seems to me pretty sensible. They increase the number of employer and employee representatives—again, sensible and in fact the way it used to be. They remove some ministerial discretion in appointing employer and employee representatives—that has probably got right up the government’s nose. They remove the ability of the ministerial council to amend Safe Work’s operational strategic plans. They remove additional voting rights for government representatives on Safe Work Australia—because, remember, they were double-dipping. They remove the power of the minister to direct a CEO contrary to strategic operational plans and the power of the minister to terminate the CEO for unsatisfactory performance. And they include an audit committee. These were all very sensible amendments that enhanced an independent, tripartite body.

So we believe these amendments should still proceed. Like the coalition, we are not of a mind to change our minds and we wish to stand by these amendments because, as I said, we believe they are sensible amendments. One would have thought the government would have taken the opportunity of the ministerial council to have a serious discussion about these amendments, instead of taking the approach of: ‘We entered into an agreement with the states and therefore you can’t change this.’ Again we are seeing an example of the government undermining and thumbing their noses at the democratic process and the Senate’s ability to properly review legislation and make amendments where, we believe, they enhance the legislation. The government have decided that they are not going to engage in any discussion with anybody about this.

I also remind the chamber that the ACTU today again came out publicly and said, ‘We think these amendments improve this piece of legislation,’ and that they want and support these amendments.

Where we have collectively consulted stakeholders, reviewed the legislation and tried to improve it, the government apparently are not of a mind to do that. They have not bothered to talk to us; they have not bothered to explain other than to say, ‘We’ve reached an agreement with the states and therefore you can’t do this; you’re slowing up the legislation and therefore we don’t want them.’ That is not meaningful engagement. That is not actually trying to find real outcomes. So the Greens are also of a mind not to change our minds and will continue to support these amendments, which we believe will enhance this bill and the subsequent act and provide a much better and stronger Safe Work Australia.

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