Senate debates

Monday, 10 August 2015

Questions without Notice

Workplace Relations

2:12 pm

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

I apologise, Mr President—I was absolutely amazed by that answer. My question is to the Minister for Employment, Senator Abetz. I refer to Hutchison Ports Australia and the reprehensible sacking of 97 employees in five-minutes-to-midnight text messages on Friday night, effective immediately. I also refer to the minister's statement:

If the culture is that employees can text message the boss and they in fact expect the boss to text message them, then that may be an appropriate methodology.

Does the minister really endorse text messages as a means of terminating employment in this country?

2:13 pm

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

I thank Senator Cameron for the question. Not only was Senator Cameron asleep at the wheel when his time had commenced to ask the question; he also failed to tell the Australian people and the Senate the full quote. Where he conveniently stopped, he did that to try to—well, for whatever his purpose might be. I continued: 'I'm not going to comment on it other than, given whatever the culture might be, you want employees and employers to treat each other with respect and due consideration.' Why could Senator Cameron not bring himself to quote that to the Australian people and indeed to the Senate? Why is it not possible for Senator Cameron ever to honestly represent that which is said by those of us on this side? Quoting half-sentences might be your game, Senator Cameron—it diminishes you; it diminishes the Labor Party. From my perspective, what I have said at all times is—and I repeat—that employers and employees should treat each other with respect and due consideration.

Photo of Claire MooreClaire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | | Hansard source

Mr President, a point of order on direct relevance to the question: the last part of the question was clearly, 'Does the minister really endorse text messages as a means of terminating employment?' I take the point the minister has covered his situation up to this point, but with 36 seconds to go that part of the question remains unanswered.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order! Thank you, Senator Moore, for your point of order. I believe the minister was directly relevant. He was addressing the quote that was referred to by the questioner. The minister has the call.

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

I was about to continue to say that this matter is in fact before the Fair Work Commission. If we want to talk about respect, I would invite Senator Cameron to say to the MUA that they should respect the interim order of the Fair Work Commission. It would be interesting to see if Senator Cameron would support that.

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Mr President, on a point of order: the question was, 'Does the minister really endorse text messages as a means of terminating employment in this country?' He has not gone to that question. He should answer the question.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Cameron, I have already ruled on that point of order. I believe the minister has now concluded his answer. But, in any event, the minister was directly relevant in relation to the quote that you quoted to him. He indicated with his answer, in completing the quote, about mutual respect from employer to employee. I believe he was directly relevant. Minister, am I correct or not, that you had concluded your answer?

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

Given that I do have 14 seconds, allow me very quickly to indicate to Senator Cameron that, in fact, the particular EBA of which we speak suggests that text messages and emails are the preferred method of communication between the boss and the workers.

2:16 pm

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Mr President, I ask a supplementary question. Can the minister confirm that midnight text messages and emails have replaced balaclavas and dogs as the preferred method of sacking waterfront workers?

2:17 pm

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

As I understand the sorry history of Australia's waterfront over many decades, the balaclavas were, in fact, used by certain workers to protect themselves from being identified in retaliatory action by the MUA, which has the disgraceful history of even sabotaging our World War II effort and compromising the safety and security of Australian soldiers overseas. That has now been documented by Dr Colebatch in an excellent piece of work that I would recommend to all honourable senators.

But let's be very clear: I have not condoned in any, shape or form those matters to which Senator Cameron seeks to put into my mouth. I had been asked a particular question and I indicate that I was not aware of the circumstances but am aware that in certain EBAs these provisions apply. (Time expired)

2:18 pm

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Mr President, I ask a further supplementary question. Given the seriousness of the Hutchison dispute and the potential for it to disrupt Australian ports, will the minister abandon his confrontational and partisan approach to workplace relations and, instead, encourage a cooperative, negotiated settlement to the dispute in the national interest?

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

If the honourable senator does not want disruption on the Australian waterfront, if he does not want this matter to escalate further, could I invite him to ring up the Maritime Union of Australia to abide by the Fair Work Commission decision in relation to the particular picket. If you have an independent umpire in this space, you have to accept the good decisions with the bad and you have to accept their decisions—right, wrong or indifferent—whether you like it or not.

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Minister for Finance) Share this | | Hansard source

This is Labor's system.

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

You are quite right, Senator Cormann: Labor's Fair Work Act, Labor's Fair Work Commission—and they still complain about the decisions when they come out against their mates in the MUA.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Pause the clock.

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Mr President, I rise on a point of order on relevance. I asked the minister about his confrontational, partisan approach to workplace relations, which he has now just demonstrated again.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Thank you, Senator Cameron. I will remind the minister that he has 10 seconds in which to answer the question that was asked.

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

I am so confrontational that I said that employees and employers should treat each other with respect and due consideration. If that is confrontational, so be it. (Time expired)