Senate debates

Tuesday, 29 November 2016

Bills

Building and Construction Industry (Improving Productivity) Bill 2013, Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013; In Committee

1:14 pm

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

There were 44 recommendations. There has not been one response from this government.

I want to go to the second issue that is a big problem, and that is this code. Imagine giving the worst public servant in the country the decision as to whether unions are bargaining effectively with employers. Mr Nigel Hadgkiss—a guy who is arrogant, out of touch and simply doing the bidding of the government—has now got the right to determine whether a company is bargaining with its employees. It is not the Fair Work Commission or the old industrial commission anymore. Part of the problem is not just the issues in the bill as they stand but also the code and the implications of the code. The code prohibits a number of clauses in these agreements. Remember, Mr Hadgkiss is the guy who is going to determine these issues. Under the code that is developed by this government, you cannot negotiate to have apprentices employed under your agreement.

I was a union official for 27 years. I negotiated agreement after agreement after agreement that said that a company would employ apprentices, not only for the benefit of the company but for the benefit of young workers trying to get an apprenticeship. Under the Building and Construction Industry (Improving Productivity) Bill 2013, if the CFMEU or any union seeks to have a clause in the agreement for the employment of apprentices, of young kids—no, that is illegal. How stupid can this government be to do that? What is the point of trying to deny young workers access to a job when it is the union movement that has been out there pursuing apprenticeships for as long as I have been in this country? It is the union movement that has championed apprenticeships—not this mob over here, who simply complain about them costing too much and who, through Senator Birmingham, gives $2 million to a former senator who sent his own building company broke. They were going to give $2 million to his pet project. This is the sort of behaviour of this government—you cannot negotiate to employ an apprentice; you cannot put local workers ahead of temporary foreign workers.

I thought One Nation were out there being the champion of Australian workers, yet they are going to sign off on this so that foreign workers will get in before an Australian worker. There will be no checks and balances coming from One Nation. All the rhetoric is out there from One Nation about the need to give Australians jobs, but they now have a chance—there is a test for Senator Hanson and her mob now. We will be moving an amendment to give priority to Australian workers. Let us see how big they are then. Let us see how good they are then. All the rhetoric you get from them—we will see whether there is any substance to that. Today is the chance that they have.

What happens if you encourage the employment of a mature age worker? You might have a rigger or a carpenter or a builder's labourer who has worked in the industry for 30 or 40 years, and then the young buck comes in—the 21-year-old labourer—and, because he is bigger and stronger and faster, he gets the job, and 40 years of hard work in the industry stands for nothing. Well, the CFMEU stands up for their members. The CFMEU stands up for mature age workers and wants to give mature age workers a fair go. Even if the boss agrees to do that, this bill outlaws that in the code—absolute nonsense.

What about encouraging site employment levels that maintain safe staffing—safety? Senator Rhiannon outlined some of the issues. Two Irish backpackers—backpackers, inexperienced people—were killed under a massive slab of concrete in Perth. A young female German backpacker fell many metres to her death on a construction site in Perth. Do you hear anything said by this lot over here about that? Absolutely nothing. All they want to do is stop the unions being able to negotiate safe working conditions and safe numbers on the job.

Here is another one for One Nation. This bill makes it illegal to negotiate with a company to use locally manufactured products and building materials on the job. So we will just bring it all in from China, from Korea, from Thailand. Do not give anybody a fair go in Australia. That is what this bill does—stops a fair go for Australian industry. One Nation have already said they are going to sign off on it. So much for the great protectors of workers in this country—One Nation—when you just cave in on these significant issues.

The employment of safety officers on the job is not allowed. How ridiculous is that? And, if you want to discourage casual employment so that a worker gets a decent number of hours on the job, the code makes that illegal. Casualise the workforce, internationalise the workforce, exploit the workforce—that is this mob over there. Even if a property owner wants to invite a union official onto the site of their own property, they have to go through Nigel Hadgkiss, the worst public servant ever to put a foot in this place. No wonder the advisor in the box is smiling—you have seen him in operation. I certainly know that the public servants have been raising big eyebrows about the operation of this guy. Even if you agree that a union official can come onto your property, this bill outlaws that.

This bill outlaws consultation about the use of subcontractors. This lot want to get the worst subcontractors in the country with the worst wages, the worst conditions, the worst employment ever, to come onto the job and undermine decent wages and decent conditions fought for by the CFMEU and the other unions. That is what this lot are about. They are absolutely hopeless. If the union negotiate with the employer that there will be no cashing out of entitlements, that entitlements will be maintained, that the workers will take their entitlements from one job to another, that is illegal. For Nigel Hadgkiss to be taking over the role of the Fair Work Commission to police this is an absolute outrage.

There is plenty there for One Nation, plenty there for Senator Xenophon, plenty there for Senator Hinch—and Senator Leyonhjelm: well, who knows? We will see where you stand on these issues today. We will see whether you actually stand for Australian workers. We will see whether you actually stand for safety on the job. We will see whether you actually stand for older workers. We will see whether you actually stand for young workers getting an apprenticeship. We will be watching how you vote on every one of those issues. This code is a disgrace. Minister, do you intend to proceed with the code? (Time expired)

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