Senate debates

Thursday, 19 June 2008

Questions without Notice

Workplace Relations

2:20 pm

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

My question is of the Minister representing the Minister for Employment and Workplace Relations, Senator Wong. Minister, in our home state of South Australia two days ago, 11,000 of the state’s teachers went on strike over pay and conditions. Next week the state’s emergency doctors will resign from their jobs in the state’s hospitals. Nationally, Qantas faces rolling strikes and reduced flights due to disputes with air-traffic controllers seeking a 60 per cent pay increase and with aircraft engineers. Australia is on the brink of a blow-out in wages and a blow-out in inflation. Minister, why has the government repeatedly refused to seek empirical analysis of the impact of its workplace relations changes?

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

Excuse me!

Photo of Alan FergusonAlan Ferguson (President) Share this | | Hansard source

Order! Senator Faulkner, I do not need quite so much help. Senator Fisher, you must address your question to the chair, not to the minister. I am sure the minister in her response will address the chair and not the senator. Thank you, Senator Wong.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

Thank you, Mr President, for the reminder of the requirement to do so. Can I emphasise first that obviously the government does recognise and believe that industrial disputes are serious. That is why in the policy we took the election, Forward with Fairness, we explicitly stated that we will have clear and tough rules in relation to industrial action. We on this side do recognise the impact that industrial action can have on families, on businesses, on communities and, of course, on the broader Australian economy.

As we said prior to the election, the legislation Labor brings forward, consistent with our Forward with Fairness policy, will ensure that industrial action will only be protected in limited circumstances: during bargaining for a collective agreement and following a mandatory secret ballot. In addition, industrial action in pursuit of pattern bargaining will be unlawful, and the regulation of secondary boycotts will stay within the Trade Practices Act. If unprotected action is taken, ready access to effective remedies will be available to affected parties. I would make the point that the transitional legislation that Labor brought forward in the previous session of the parliament, from memory—and I stand to be corrected—did not alter the provisions of the Workplace Relations Act relating to industrial action. So the provisions that exist in federal legislation at this time are provisions that were, in fact, in place under the Howard government.

In relation to the Qantas licensed aircraft maintenance engineers issue, I am aware—and I understand so is Senator Fisher—that protected industrial action has been scheduled for 23 and 24 June. This action is being taken as part of collective agreement negotiations. The Australian government believes that, where possible, any dispute should be resolved directly between the parties and without third-party interference. I take this opportunity to reiterate the government’s position that we would encourage the parties to aim for a speedy resolution in their agreement negotiations. I emphasise again that the Labor Party prior to the election, in our policy of Forward with Fairness and the implementation plan—which were released and exhaustively discussed—made it clear that we would only protect industrial action in the limited circumstances I have outlined, and with a mandatory secret ballot before this occurs. I say again: we will have clear tough rules about industrial action.

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

Mr President, I ask a supplementary question. I note from the minister’s answer that the government have failed to seek economic analysis. The government have failed to seek economic analysis of their workplace relations changes because they fear the answer. My question to Senator Wong is: will the government guarantee that strikes will not increase under their flawed workplace relations changes?

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

Mr President, I rise on a point of order. For the good running of question time, I ask you to look at that question and see whether it is consistent with standing order 73. Maybe you can come back to the Senate later on with a comment on that.

Photo of Alan FergusonAlan Ferguson (President) Share this | | Hansard source

I will, Senator Brown. I listened carefully, and there was a fairly long preamble to the question, but she did get to the question. But I will check and report back to you.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | | Hansard source

I would note that the rate of industrial action has consistently declined since the Keating Labor government decentralised workplace relations in the mid 1990s. I have already outlined in my answer to the primary question the government’s election commitment, which we will implement through the legislation that will come to this chamber subsequently. We have been very clear that we will ensure that there are clear and tough rules about industrial action, because we do understand very clearly the impact that industrial action can have on working families, on businesses, on communities and, more broadly, on the Australian economy.