Steve Hutchins (NSW, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, Senator Evans. Can the minister outline to the Senate how the approach to bargaining in the Commonwealth Fair Work Act differs from the industrial relations legislation introduced into parliament by the New South Wales government?

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

Thank you, Senator Hutchins. It is such a good question, you will probably get more before you leave. The federal government returned fairness and balance to the industrial relations landscape in Australia when we introduced the Fair Work Act. We introduced that act after lengthy consultations with all industrial parties because we understand that the industrial relations system must provide a fair framework for both employers and employees. The Fair Work Act provided a balanced framework for delivering fair and productive workplaces, and at the heart of the system is enterprise bargaining based on the principle of good-faith negotiation. I am pleased that thousands of employers and their employees are getting on with the business of bargaining under the Fair Work Act.

If a party fails to bargain in good faith, both the union and the employer can ask Fair Work Australia, the independent umpire, for assistance in dealing with a bargaining dispute. In stark contrast, the legislation being introduced by the New South Wales government seeks to undermine the checks and balances this government put in place and to deny public-sector workers the rights enjoyed by all other Australian workers. Their bill seeks to treat those government workers in New South Wales as second-class citizens.

Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | Link to this | Hansard source

They are implementing a program that the majority voted for.

Doug Cameron (NSW, Australian Labor Party) Share this | Link to this | Hansard source

That's rubbish!

John Hogg (President) Share this | Link to this | Hansard source

Senator Ian Macdonald and Senator Cameron, if you two wish to debate the issue, the time is post question time. When there is silence, we will proceed. Senator Evans, continue.

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

Thank you. The New South Wales Liberal Party bill requires New South Wales Industrial Relations to enforce government policy declared by regulation relating to wages and conditions of employment not just for New South Wales public-sector workers but for a broader definition including teachers, nurses and firefighters. While the current focus of the bill is on capping pay rises, it allows the government to unilaterally set the wages and conditions of all its public-sector employees. It reduces the independent umpire to a rubber stamp for the government wages policy, regardless of what the policy dictates. New South Wales workers will be second-class citizens with no rights to an independent umpire.

Steve Hutchins (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Can the minister outline to the Senate what impact the New South Wales legislation will have, if enacted, on the rights of the New South Wales public-sector workers?

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

I am very concerned that the New South Wales legislation is likely to be in breach of a number of the ILO conventions, because it denies employees the right to collectively bargain, the right to participate in discussions about their conditions of employment and the right to access an independent tribunal. The fact that the New South Wales bill provides that wages can be determined unilaterally by government and imposed on workers would seem to be a clear breach of those conventions.

Labor understands that both good-faith bargaining and access to an independent umpire are fundamental components of a fair and balanced system of workplace laws, features that have long been at the heart of Australian industrial relations systems. The New South Wales legislation fails this test. For thousands of New South Wales workers there will be no sitting down at the bargaining table. There will be no opportunity to argue their case on its merits before an independent umpire. They will be second-class citizens denied basic industrial rights as a result of the New South Wales legislation. (Time expired)

Steve Hutchins (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Is the minister aware of reaction to the New South Wales legislation?

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

Mr President, as you know, there has been very widespread concern expressed inside New South Wales, but I must say that, until today, those opposite have been silent. This is the first time we have heard from the coalition on this legislation. If the coalition were genuine, they would be expressing their concern about what Premier O'Farrell is doing. They would be standing up for hardworking Australians, defending their rights to be part of a bargaining process and defending their rights to have access to an industrial tribunal.

The Liberal Party goes around Australia saying they are concerned about people's living standards, but they support a state Liberal government seeking to take away their industrial rights: take away their right to get a fair wage outcome, take away their right to an independent umpire. The New South Wales Liberal Party is implementing the sort of policy that the Liberals in this chamber support: denying workers' rights, taking their advice from the HR Nicholls Society—who, by the way, have brought back Ian Hanke—and bringing back Peter Reith to be president. Back to the good old days of dogs on the waterfront. That is what we see from you. (Time expired)

Honourable Senators:

Honourable senators interjecting—

John Hogg (President) Share this | Link to this | Hansard source

When there is silence on both sides, Senator Colbeck will get the call. On both sides I need silence. Senator Colbeck deserves to be heard in silence.