Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I will deal with two matters. Firstly, in relation to Senator Williams, I have not been able to, in the time, get a definitive answer about who has been consulted. I do know from Senator Marshall that there may have been submissions on the issue more broadly, but I will not go there. What I can say—and you may hold me to this—is that before the minister’s award request is made the minister will consult with the industry. So I can provide that. Secondly, with respect to what this provision does, it limits it to New South Wales awards, and in making its award modernisation the AIRC will have hearings and will research the history of these provisions. I cannot second-guess all of the matters it will look at, but I am sure it will look at these particular issues that have been raised before finally coming to a determination.

What we are doing here is ensuring that we do not sweep away the entitlements that currently exist in state awards that provide for driver protection—that is the important part. Otherwise, what you are doing is subjectively removing these provisions from current awards so that they no longer operate. The government is proposing that these provisions remain but that they remain confined to New South Wales, as they currently operate. Whether or not you have a view about how they operate is another matter, but they are currently operating. People do have those provisions that I have indicated. Those protections exist. So we will have them confined to New South Wales. What we have said is that the Fair Work Bill does not extend them beyond New South Wales. There is no automatic extension.

Regarding the award modernisation process, it will be up to the Australian Industrial Relations Commission  to decide on a range of matters within that whole award modernisation process, but including this provision and how it will operate. All the relevant submissions that may go to how it operates, whether it is effective, whether it provides enough protection or whether there should be more, are a matter for the Australian Industrial Relations Commission to look at. What we are simply doing in respect of this provision is maintaining the status quo. I think that is a reasonably fair position to put forward: that safe driving plans, drug and alcohol policy, and occupational health and safety training as currently exist within state awards and as are currently operating within state awards will not be removed as a consequence of bringing forward the workforce bill.