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

I rise to express the Greens’ support for the Fair Work Amendment (State Referrals and Other Measures) Bill 2009. The package of fair work legislation represents a significant shift in Australia’s industrial relations framework and laws. The use of the corporations power with Work Choices to cover industrial relations started this shift and this bill continues this centralisation of power. The Greens have never been comfortable with the use of corporations power to underpin workplace relations laws, and particularly the way both Liberal and ALP governments have been prepared to consign to the dustbin of history the conciliation and arbitration power in our Constitution. Having said that, we acknowledge that this government has acted to address the confusion that the use of the corporations powers entails by negotiating for most of the states to refer their industrial relations powers. A key problem created by the use of the corporations powers is the difficulty for many employers, particularly those in the social and community service sector, to know which jurisdiction they are in. We welcome the fact that the relevant states have agreed to refer powers to resolve this uncertainty.

We also welcome the agreement that states can decide whether to refer powers with regard to local councils and state government corporations. States should retain a choice in these matters given that it is their prerogative to refer powers or not. We note the exclusion of utility and energy generation corporations from these provisions. These will stay in the federal system. We share the concerns expressed by unions that it should be a choice of the states whether to refer powers in relation to these entities as well. However, we respect the decision of the referring states as to the terms on which they are referring powers.

My home state of Western Australia is the only state refusing to refer powers. We believe this has terrible consequences for WA workers. The confusion mentioned before will continue in WA, with SACS workers, local council workers and others not knowing whether they are in the federal or state systems. Despite the failings of the Fair Work Act, which I detailed at some length in the course of the debate on that bill, I fear that the Western Australian government has plans to once again submit WA workers to a Work Choices-like regime. There has been significant comment in the media about that.

We support calls by the union movement that the Fair Work Act should allow state employees to opt into the federal system. This could be achieved by using the conciliation and arbitration powers of our Constitution. We will continue to raise this issue, as it has particular relevance and importance to workers in Western Australia.

I will not talk about the coalition’s proposed amendments, as they have now been withdrawn. I reiterate our support for this bill, despite our concerns about some of the shortcomings of the Fair Work Act. We also note that the union movement and the overwhelming majority of the business community and representatives of employers want this bill to pass now. We will support this legislation.