Senate debates

Wednesday, 8 February 2012

Questions on Notice

Qantas (Question No. 1327)

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

asked the Minister representing the Prime Minister, upon notice, on 1 November 2011:

In regard to the decision made by Qantas on 29 October 2011 to lock out its staff and ground its fleet:

(1) At what time was the Ministers office informed that Qantas intended on locking out staff from Monday and grounding the fleet.

(2) At what time was the Minister informed that Qantas intended on locking out staff from Monday and grounding the fleet.

(3) Was the message conveyed that Mr Alan Joyce was available to speak to in regards to the advice that was provided.

(4) At what time was advice requested from the department.

(5) At what time was advice received from the department.

(6) At what time was a teleconference with ministers convened.

(7) At what time did the teleconference with ministers take place and which ministers were involved.

(8) Were any other people who were not Ministers involved in the teleconference; if so, who.

(9) Which minister made the final decision for the Government to take action under section 424 of the Fair Work Act 2009 (the Act).

(10) At what time did the Minister intervene under section 424 of the Act.

(11) At what time was a brief: (a) prepared; and (b) provided to the lawyers representing the Government at Fair Work Australia.

(12) Was the Minister in receipt of any advice prior to 29 October 2011 that the Qantas dispute was having a damaging effect on any sectors of the Australian economy; if so, can details be provided, including who the advice was from and what was the advice.

(13) Was the Minister aware of any calls prior to 29 October 2011 for the Government to take action on the Qantas dispute; if so, can details be provided, including from whom the calls were made, the concern expressed and the Ministers action.

(14) Prior to 29 October 2011 and since May 2011, did the Minister or anyone in the Ministers office request information or prepare a note or briefing forthe Minister on the use of sections 424 or 431 of the Act; if so, can details be provided including the date, who prepared the information and the reason for the request.

(15) Was the Minister aware that Qantas, under provisions of the Act, could take action to lock out their staff.

(16) Did the Minister have any concerns prior to 29 October 2011 that the ongoing Qantas dispute was having an impact on the Australian economy or sectors within it; if so, did the Minister take any action to deal with those concerns.

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

The Prime Minister has provided the following answer to the honourable senator's question:

(1) The government was advised around 2pm on Saturday 30th October that Qantas was grounding its fleet at 5pm in preparation for a lockout.

(2) See the response to question (1).

(3) Mr Joyce did not make a request to speak to me about these matters.

(4) The Department of the Prime Minister and Cabinet (PM&C) was not asked to provide advice prior to the announcement of the Government's intention to apply to Fair Work Australia (FWA) to terminate all industrial action at Qantas under section 424 of the Fair Work Act 2009 (FW Act).

(5) See the response to question (4).

(6) This issue has been addressed in public statements by the Minister for Infrastructure and Transport, and the Minister for Tertiary Education, Skills, Jobs and Workplace Relations.

(7) See the response to question (6).

(8) See the response to question (6).

(9) The Minister for Tertiary Education, Skills, Jobs and Workplace Relations made an urgent application to Fair Work Australia on 30 October 2011.

(10) See the transcript of the press conference held by Minister for Infrastructure and Transport on 29 October 2011 and the media release issued by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations on 29 October 2011.

(11) PM&C did not brief the government's legal representation in the case before FWA. This question would be better directed to the Department of Education, Employment and Workplace Relations (DEEWR).

(12) The Prime Minister was regularly updated on the industrial action involving Qantas and its unions.

(13) The Prime Minister received a range of correspondence from constituents, industry groups, unions and State premiers expressing concern about the Qantas dispute prior to 29 October 2011. A number of these letters and emails called on the Government to take action with respect to the dispute. The Prime Minister considered these concerns but in general did not provide a formal response.

(14) See the responses to questions (4) and (16).

(15) The FW Act allows employers to take industrial action in response to industrial action by employees it is bargaining with provided that the requirements of Part 3-3 of the FW Act are met.

(16) The Prime Minister expressed her concern about the Qantas dispute in media interviews prior to 29 October 2011. The Prime Minister was regularly updated about the dispute and maintained contact with relevant ministers.