Senate debates

Thursday, 19 March 2009

Fair Work Bill 2008

In Committee

7:56 pm

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

I indicate to Senator Xenophon that in New South Wales the Occupational Health and Safety Act deals with long-distance fatigue—there is a long-distance fatigue regulation under the act. There are also the Roads and Traffic Authority fatigue guidelines and National Transport Commission fatigue regulations. So we have a legislated framework for long-distance fatigue and travel occupational health and safety. But we also have this bizarre blue card system on top of all of that. Does it make the roads safer? We submit that it does not. Does it add to bureaucracy and red tape, which impinge on the viability of small business? Yes, it does. Does the blue card also give extra powers—excessive powers—to the Transport Workers Union, which is another one of the tests I have been on about during this debate? We say, unequivocally, yes, it does.

Interestingly enough the minister has not really sought to defend why you need, in effect, a belt-and-braces situation in relation to long-distance transport. What he is saying is that the National Transport Commission regulations are not good enough, the Roads and Traffic Authority fatigue guidelines are not good enough and the Occupational Health and Safety Act long-distance fatigue regulations are not good enough, so we need the award. Every other state seems to have been able to deal with these issues without dealing with them in this—I will not use the word ‘corrupt’ on this occasion—peculiar manner. People can read into that what they like. Also, this New South Wales award will, as I understand it, expire in 2014. What happens then?

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