Senate debates

Tuesday, 17 March 2009

Fair Work Bill 2008

In Committee

9:58 pm

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

It is not only up to me in relation to these amendments; it is the right of every senator to seek to have a question put individually. I am more than happy to do that—albeit somewhat disappointed, because I think I know the consequences if we were simply to put amendment (13) by itself. I will not quite give up on Senator Xenophon for amendments (6) to (12).

I would, for example, point him to amendment (7). The bill states:

industrial association means:

(a) an association of employees or independent contractors, or both, or an association of employers …

In other words, the government is already talking here about an association of employees or independent contractors or both, enmeshing them together in the draft of the legislation and saying that this is quite possible, quite acceptable. It is something that the Transport Workers Union’s pen, quite frankly, is all over. You can call me paranoid, you can call me cynical, and that might be fair enough. But in relation to this, I suggest to you that it is borne out of bitter experience by the independent contractors and that is why they are so anxious for these amendments to be made.

Of course, if we are calling them ‘industrial associations’, it means that we believe that they are part of the industrial relations fabric and framework, and we are therefore once again merging or blurring the lines between commercial law and industrial law. I know, Senator Xenophon, you and I are in heated agreement that we believe in national sovereignty. But if even the International Labour Organisation comes down on our side on this one, I think it is a pretty strong argument and something that I would still commend for your attention.

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