Senate debates

Thursday, 1 March 2012

Questions without Notice: Take Note of Answers

Answers to Questions

3:24 pm

Photo of Mary FisherMary Fisher (SA, Liberal Party) Share this | Hansard source

'There will be no carbon tax under the government I lead'—so said the now Prime Minister on Channel 10 some five days before the last election. What has that been shown to be? A promise broken. It is almost as if this government thinks that being in government is a long audition for the TV show MythBusters, where they make a promise and every second or third one can get put through their filter: 'Here's a promise. Show it to be a myth. Busted! A cannonball of frozen chicken at that one!

Here are more promises. The Prime Minister, prior to 2007 election, said:

We want to make sure that no one is engaged in improper conduct in the building industry, whether employer, union or employee.

The last sitting period of the House of Representatives has shown that that promise is going to be broken. It is nothing more than a myth and it is busted. How? The bill coming up from the House of Reps to the Senate has in it a provision for when Fair Work Australia or another court inquiring into alleged misconduct and illegal action in the building industry must cease that action. The bill says—I am quoting but abbreviating—that where Fair Work Australia is exercising any powers related to a building matter it must cease exercising those powers 'if the issue has been settled or resolved by the building industry participants involved'. Oh, please!

It goes on to say that where there is a proceeding before a court for a civil remedy related to a building matter the court must cease dealing with the proceeding if the issue has been settled or resolved by the building industry participants involved in it. Oh, please! How is that making sure that 'no-one is engaged in improper conduct in the building industry'? Of course, it is not. What a myth—and it's busted!

All that this bill is going to do is encourage illegal behaviour, encourage improper conduct and sanction it. But that is not enough for Ms Gillard. The second reading speech introducing the bill says 'anyone who breaks the law' in the building industry 'will feel the full force of the law'. No, they will not—not if they break the law and then settle with other building industry participants involved. So says the soon-to-be legislation. Ms Gillard goes on yet more: 'I'm disappointed that there are still pockets of the industry where people think they are above the law.' Really? You have to be kidding, Prime Minister, when you are about to legislate to make it so those pockets will self-create. The legislation will not only sanction but encourage those pockets of the building industry to be above the law with their dirty deals. Once again, not enough for our good Prime Minister.

In case there is any doubt at all, in summing-up the bill she says: 'There should be absolutely vigorous, hard-edged compliance and no tolerance at all for unlawfulness.' Well, what a myth—and it's busted! No tolerance at all for unlawfulness? Make a deal, settle with building industry participants involved and there will be every tolerance. It's a myth—and it's busted! But there is more. In the speech she says, 'Each and every breach of the law is wrong.' Well, no, it is not—not if you breach it and then settle or resolve it with the building industry participants involved. It's a myth—and it's busted!

But there is more: 'Each and every breach of the law should be acted upon.' Well, no, it will not be, because the Prime Minister is going to legislate so that it cannot be. This government governing the country is not a show of MythBusters. It is not a case where you make a promise, let it be a myth and have it busted. If you cannot keep your promises the Australian people will not— (Time expired)

Question agreed to.

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