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

asked the Minister representing the Minister for Employment and Workplace Relations, upon notice, on 2 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 Minister's 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 Minister's action.

(14) Prior to 29 October 2011 and since May 2011, did the Minister or anyone in the Minister's office request information or prepare a note or briefing for the 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.

Mark Arbib (NSW, Australian Labor Party, Minister for Sport) Share this | Link to this | Hansard source

The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

(1) & (2) As the Prime Minister has publicly stated, the Government was advised around 2pm on Saturday 29 October 2011 that Qantas was grounding its fleet in preparation for a lockout. The Prime Minister has also confirmed that the Government did not have any earlier advice that planes would be grounded at 5pm. Minister Evans is also on the public record as confirming that Qantas gave the Government a 'couple of hours' notice.

(3) I am advised that Mr Joyce spoke in person to Minister Evans.

(4) & (5) I am advised that at 3.38pm on 29 October 2011 the Deputy Secretary for the Department

(Deputy Secretary), spoke with the Minister about Qantas' decision on 29 October 2011 to lock out employees and ground its fleet. During this conversation the Minister sought and was provided with oral advice from the Deputy Secretary. The Minister then requested written advice from the Department, which was provided at around 4.35pm that afternoon.

(6), (7) The issue has been addressed in public statements made by Minister Evans and Minister &

(8) Albanese.

(9) The Minister for Tertiary Education, Skills, Jobs and Workplace Relations.

(10) The Australian Government Solicitor filed the Minister's application to terminate protected industrial action at Qantas under section 424 of the Act with Fair Work Australia at 8.48 pm. The hearing commenced at 10.09 pm.

(11) The Department instructed the Australian Government Solicitor

(AGS) at approximately 5 pm on 29 October 2011 to file the Minister's application with Fair Work Australia and to represent the Minister in this matter. AGS briefed Senior Counsel on the Minister's application at 6.30 pm on 29 October 2011.

(12) Several stakeholders suggested on the public record that the dispute was having a damaging effect. Legal advice concerning the Qantas dispute was provided to the Minister prior to 29 October 2011. The content of that advice is subject to legal professional privilege. So as to preserve that privilege, and recognising the public interest in governments being able to seek and receive legal advice in confidence, it would not be appropriate to provide the further information sought.

(13)A number of stakeholders

(excluding Qantas and the relevant unions) requested Government 'intervention' in the dispute before 29 October 2011. These requests are on the public record. As Minister Evans has noted on the public record, all of the parties were suggesting that they could reach a negotiated settlement and did not ask the Government to intervene.

(14) Yes. Legal advice concerning the Qantas dispute was provided to the Minister in the period May 2011—29 October 2011 in relation to ss 424 and 431 of the Fair Work Act 2009. The further details that are sought about that advice are subject to legal professional privilege. So as to preserve that privilege, and recognising the public interest in governments being able to seek and receive legal advice in confidence, it would not be appropriate to provide the further information sought.

(15) Yes.

(16) As Minister Evans has noted on the public record, the parties were suggesting that they could reach a negotiated outcome and did not seek Government intervention. I am advised that Minister Evans encouraged the parties, on a number of occasions, to negotiate in good faith and reach agreement.