Senate debates

Monday, 17 August 2015

Bills

Fair Work (Registered Organisations) Amendment Bill 2014 [No. 2]; Second Reading

8:43 pm

Photo of Matthew CanavanMatthew Canavan (Queensland, Liberal National Party) Share this | Hansard source

I do not understand why they are so afraid of this bill. It must be because they get support from some people who are doing the wrong thing. That is why they are afraid of this bill and that is why the Greens are afraid of this bill, too. We know that they get significant support—not just some support—from people who seem to be doing the wrong thing right now. We know that the CFMEU bankroll the Labor Party and the Greens. They provide substantial amounts of money. The serious allegations of misconduct that have been revealed in the royal commission and the serious and contemptuous behaviour of some CFMEU officials, particularly with regard to women—absolutely disgraceful conduct—should be condemned by all sides of politics but unfortunately it is not strongly condemned by those opposite because they get bankrolled by the union.

These days many political parties do not take donations from certain sectors—like tobacco and other sectors we feel are not doing the right thing. The Labor Party and the Greens often sanctimoniously stand up and say they will not take donations from particular sectors—because they are pure and they are nice and they stand up for what is good and right in the world—but when their financial masters, the CFMEU, engage in conduct much worse, much more beyond the pale, than many of those other sectors, those opposite do nothing because they rely so heavily on that money. In my view, their vote on this bill will be reflective of the money they receive from the CFMEU.

In the time available to me, I should outline precisely what this bill will do. The Labor Party would have you believe that this is some retrograde, almost fascist, piece of legislation, when in fact all this legislation does is make the obligations on trade union officials somewhat comparable to the obligations that are placed on directors of corporations. We provide corporations with certain privileges, particularly limited liability, and it is right and proper that we place serious obligations on the directors of corporations in return. It is the same principle here. We protect trade unions from competition and from having to justify their collusive activities and, in return, we should expect the highest standards of conduct from those officials.

This bill will establish an independent registered organisations commission to oversee the obligations of the Fair Work Act to make sure that registered organisations are doing the right thing. The bill will also strengthen the disclosure requirements placed on officials of trade unions, so that their members can be informed of what they are up to and what their conflicts of interest are. I will say upfront that the conflict of interest obligations we are imposing in this bill go somewhat further than the Corporations Act, because we think it is really important that trade union officials, in particular, show their members what conflicts of interest they have. Most significantly, this bill will increase the civil penalties associated for breaching the registered organisations provisions of the act and it will introduce some criminal offences as well—again comparable to the Corporations Act.

The coalition, in opposition, developed these proposals very soon after the allegations with respect to the HSU were exposed a few years ago. These proposals were rejected at the time by the then Labor-Green government, and I imagine they will be rejected again by the Labor-Green opposition. They were rejected when the Labor-Green government were in power. They were rejected when former Prime Minister Julia Gillard was there. She relied heavily on union support to maintain her leadership of the Labor Party and—surprise, surprise—they opposed these very moderate, very reasonable and very sensible responses to that particular crisis. And they are going to reject these proposals again because they still rely heavily on the unions.

I was a bit young to remember, but I have read about a former Prime Minister of the Labor Party, Bob Hawke. I remember reading that former Prime Minister Bob Hawke took some serious and strong actions against unions that were doing the wrong thing in his time. He actually had guts. He actually stood up against people who were clearly acting beyond the bounds of reasonable conduct. He deregistered the Builders Labours Federation for conduct not dissimilar to the conduct that the CFMEU engages in today. Former Prime Minister Bob Hawke also stood up to the pilots who, in the late 1980s, were on strike about certain reforms. He stared them down and won a great victory for our country that has provided us a much more competitive and efficient airline ever since—something which has not been opposed by any Labor government since that time. He did that because he had guts and he did not just follow. The unions were not just playing Pied Piper to his followers. He was not leading a government of lemmings.

Unfortunately, we now have a Labor Party that are lock, step and barrel constantly tied to the unions. They will not deviate one iota—will not step off their right foot—to sometimes do what is right for the country rather than what is right for their own sectional interests. It is very unfortunate that we now have a Labor Party like that, because these kinds of reforms are something that we should be able to bring in in a bipartisan way. We should be able to respond to serious misconduct in the union movement. No-one could deny that the behaviour of certain union officials in the last few years has been deplorable. We should be able to respond to such activities with a sensible and strong response, by strengthening the penalties and requirements of the act, to make sure that such activities do not happen again.

Why is it important that we make sure that this sort of misconduct does not happen again? Well, we don't just want to stop it happening again—that is not good enough; what we actually want to do is give members of unions the confidence that it will not happen again and confidence that the officials who are meant to represent their interests will look after their interests first and foremost. Unfortunately, I do not think union members can have that confidence right now, given the last few years. It is an unfortunate outcome, but that is the reality of where we are. This bill, by strengthening penalties and increasing transparency, will help to restore that confidence. I said earlier that it is a pro-worker bill, and I absolutely stand by that. It is a pro-worker bill because it helps to strengthen the rights and accountability and the information that flows to workers who are members of unions. I also think that this is a pro union bill, because these provisions will help to provide greater certainty and greater security to unions so that they can sell their own benefits to their members. They can stand up and say: 'We are held to a high standard by the parliament and by the government because of this bill and because of these amendments. You can be confident that we will act in your interests, because, if we don't, we'll have a serious slap-down by the law.'

And it is not just me who believes that this bill will be pro union and will help to restore the community's confidence in trade unions; it is also the view of Mr Paul Howes, the former leader of the Australian Workers Union. He supported the then opposition's amendments—now the government's bill—at the time, in November 2012, when he told the ABC:

I actually believe there is a higher responsibility for us as guardians of workers' money to protect that money and to act diligently and honestly …

Those are the sentiments that this bill tries to capture. Those are the sentiments that are driving the objectives of this bill. If this bill comes in, it will help to provide greater trust and security that union officials are acting as guardians of workers' money, that they are protecting that money and that they are acting diligently and honestly.

As I said, I want to conclude by stressing that I do believe that the majority of trade union officials are probably doing the right thing and do hold their workers' interests in the best regard. It is almost always the case that there are only a few bad apples that spoil the lot, and what we need to do with laws and regulations is to ensure that we can identify those bad apples, root them out and appropriately penalise them so that there are not the incentives in the system to act like a bad apple in the future. I generally hope that the crossbenchers can support this legislation. We will not get the support of the Labor Party and the Greens, given who pay their bills, but if the crossbenchers can support this bill it will be a great development. It will be a significant development in the regulation of trade unions in our country. It will help to increase confidence and support for the trade union movement and, most importantly, it will protect the workers of our country who often earn less than the average wage. And it will help to make sure that the money they pay in union dues is used to protect their interests and not anyone else's.

Comments

No comments