Carol Brown (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

My question is to Senator Abetz, the Minister representing the Minister for Employment and Workplace Relations. Can the minister confirm that last month the Office of the Employment Advocate issued a memo to staff stating:

Leave will not be approved for staff to participate in the National Day of Community Protest—

on 30 November. Can the minister indicate whether the Minister for Employment and Workplace Relations or his office was consulted before the OEA issued this memo? Did the minister or his office request or approve the ban on leave at any stage? Does the minister consider it acceptable for government agencies to engage in such blatantly political behaviour and dictate what employees can do in their own free time?

Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Link to this | Hansard source

It is always great, during a heated question time, to get asked a question with some humour in it. I thank Senator Brown for the mirth that she has injected into this question time by her suggestions of blatant political intervention in circumstances when we know that that is exactly what the Australian Labor Party and the trade union movement are trying to achieve with a particular event tomorrow.

In relation to the Office of the Employment Advocate, they are able to manage their affairs as they deem appropriate, and they do. If they provide a memorandum to their workers, that is their right to do so. In the event that that memorandum contains information which may be incorrect, it is the right of the worker to challenge that. As I understand it, that is what the worker did with the support of the union. It then went to the appropriate court for hearing and, on appeal, a decision was made. We on this side have always believed in the rule of law in industrial matters, and that is why we have such things these days as the Australian Building and Construction Commission, something which those opposite oppose. In relation to the minister’s alleged involvement—because there is no hint at all that he did—

Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

She asked you a question.

Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Link to this | Hansard source

Senator Evans interjects and says, ‘It was just a question’. That is the way the Australian Labor Party always behave. There is the smear, there is the imputation and there is the suggestion when they have no basis in fact to make that assertion during question time. That is why the people of Australia are just not buying the nonsense that the Australian Labor Party are continually putting forward about Work Choices, because each time you examine their assertion, each time you examine the smear or the innuendo, it is found to be completely and utterly without foundation.

Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Senator Chris Evans interjecting—

Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Link to this | Hansard source

Mr President, on a point of order: I have suffered a barrage of interjections from the would-be leader and I suggest that he withdraw his comment.

Paul Calvert (President) Share this | Link to this | Hansard source

I did not hear the comment, Senator, but if he did say—

Nick Minchin (SA, Liberal Party, Minister for Finance and Administration) Share this | Link to this | Hansard source

Mr President, Senator Evans did call Senator Abetz a hypocrite. I do understand that is unparliamentary.

Paul Calvert (President) Share this | Link to this | Hansard source

If that is the case, Senator Evans, would you withdraw that comment.

Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President—

Paul Calvert (President) Share this | Link to this | Hansard source

No, I ask you to withdraw.

Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I want to make a point.

Paul Calvert (President) Share this | Link to this | Hansard source

No. I have asked you to withdraw. ‘Hypocrite’ is unparliamentary. Senator Evans, you will resume your seat. I am on my feet, Senator. I have asked you to withdraw that particular statement.

Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I just want to make the point that I was rising as Senator Minchin rose to interrupt. Mr President, I am always happy to withdraw an unparliamentary remark. If the sook of a minister is really upset, he ought to get out of the kitchen.

Paul Calvert (President) Share this | Link to this | Hansard source

I remind you too, Senator, that, when I am on my feet, you resume your seat.

Carol Brown (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Can the minister confirm media reports that, in its decision to overturn the ban, the Federal Court raised concerns that the OEA’s actions may have breached the Public Service Act? Given these concerns, can the minister explain what action is now being taken to investigate whether a breach of the Public Service Act has in fact occurred? Can the minister guarantee, in light of the OEA’s behaviour, that no employee who does take leave on 30 November will suffer any adverse consequences in the course of their employment?

Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Link to this | Hansard source

Clearly, that does not fly. What has to happen under employment law is that somebody has to legally get leave and make the appropriate application to their employer. Therefore, of course we cannot guarantee that anybody who seeks to take leave on the day to attend a rally will not be breached. It depends on how they go about it. If they do it lawfully, as determined by the Federal Court, then they have no worries. We on this side believe that the law ought be settled not by the trade union movement but ultimately by the judiciary of this country. I think the Federal Court in this case has made a decision of which trade union members, employers and those involved in the Public Service should take note.