Senate debates

Tuesday, 22 November 2022

Questions without Notice

Workplace Relations

2:49 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

My question is for the minister representing the Minister for Employment and Workplace Relations, Minister Watt. The government's secure jobs, better pay bill abolishes the Australian Building and Construction Commission. What problems are solved by specifically abolishing the ABCC that aren't actually caused by the code it is meant to enforce, which your government has already acted on?

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Thank you for that question, Senator Lambie. Senator Lambie would be well aware that, for a number of years leading into the last election, it was Labor's clear policy to abolish the ABCC. That was because it had completely failed workers in the building industry and firms in the building industry as well. Senator Lambie—through the President—if you haven't already seen these statistics, I'm happy to show you the figures that show that the entire time the ABCC was in existence productivity on building sites actually fell. It went backwards. So, for all the claims that were made that it was going to be the solution to productivity and drive the industry forward, the facts actually show that the industry went backwards on productivity, let alone the gross waste of taxpayers' money we saw under the ABCC, pursuing trivial matters through the courts. We just went through again at estimates recently the legal expenditure—

Opposition Senators:

Opposition senators interjecting

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Order! I remind those on my left this is Senator Lambie's question. She has the right to hear the answer in silence. As you're well aware, as everyone in this chamber is aware, the crossbenchers do not get the same opportunity as the major parties to ask questions. I would ask you to be courteous and allow Senator Lambie to hear the answer in silence. Minister, please continue.

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Senator Lambie, I can assure you that this government takes workplace conduct, whether it be of workers, businesses or unions, very seriously. That's why, under the system that we're proposing, the Fair Work Ombudsman will have a range of powers to take action where that's warranted.

Our fundamental point is that we don't think that different workers should be treated differently. We should have one regulator of conduct on worksites, and that is the Fair Work Ombudsman. We don't need an additional body for one industry that pursues workers and unions and leaves employers alone when we all know that in the building industry there are rogue employers as well. The ABCC never did anything about that. It did very little to recover underpayments to workers. That's a very serious issue. We think the Fair Work Ombudsman is the appropriate place to do that work.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Lambie, a first supplementary question?

2:52 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

I understand that the Labor Party and the union movement don't like the fact that the ABCC has busied itself policing flags and stickers. I agree: regulators shouldn't be distracted by small-beer infringements like that. But you can fix that with a tighter building code. The CFMMEU has made it clear it will continue to breach laws it does not agree with. That's not restricted to stickers and flags. Does your government not believe in the need for a building code at all?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Minister Watt, I remind you to make your remarks to the chair, please.

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Certainly. The Building Code was another example of the former government having a very one-sided attitude towards conduct on building sites. The Building Code was a part of the arsenal of the ABCC which was used to crack down on unions and workers and do nothing about the abuse of workers and unions on construction sites.

What we are in favour of is a balanced approach from a regulator that applies across all industries, whether you are a hospitality worker, childcare worker, construction worker or truckie, Senator Sterle. I know truckies always behave; I remember that from my days working with the TWU! Whatever industry it is, people deserve to be treated equally. The Building Code was another part of that arsenal and that is why we have repealed it.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Lambie, a second supplementary question?

2:53 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill transfers some of the power from the ABCC to the Fair Work Ombudsman, but it doesn't transfer all of its budget. It's being asked to do more without the money to do it. Something's got to give here. What safeguards will you put in place so the Fair Work Ombudsman doesn't have to choose between its core business, like policing wage theft, and policing the industry?

2:54 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

I remember from the estimates hearings which we recently conducted that evidence was given about a number of positions from the ABCC moving across to the Fair Work Ombudsman. So they are being given extra resources to pursue, whether it be employers, unions or workers who are doing the wrong thing on worksites. So I am very confident that the Fair Work Ombudsman does have the resources to pick up some of those roles that the ABCC previously played.

What we're about is making sure that important things that are actually reasonable in a workplace setting get pursued by the Fair Work Ombudsman, and that all the nonsense and politicisation that the ABCC was given taxpayers' funding for is going to end. That's what people voted for. We could not have been clearer in the lead-up to the election that we were going to abolish the ABCC. We feel that we've got a mandate to implement that reform now, along with all the other reforms that we're planning to implement. (Time expired)