House of Representatives Official Hansard No

COMMONWEALTH OF AUSTRALIA

PARLIAMENTARY DEBATES

House of Representatives Official Hansard No. 19, 2005 Tuesday, 8 November 2005

FORTY-FIRST PARLIAMENT FIRST SESSION—FOURTH PERIOD

BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES

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FORTY-FIRST PARLIAMENT FIRST SESSION—FOURTH PERIOD

Governor-General His Excellency Major-General Michael Jeffery, Companion in the Order of Australia, Com- mander of the Royal Victorian Order, Military Cross

House of Representatives Officeholders Speaker—The Hon. David Peter Maxwell Hawker MP Deputy Speaker—The Hon. Ian Raymond Causley MP Second Deputy Speaker—Mr Henry Alfred Jenkins MP Members of the Speaker’s Panel—The Hon. Dick Godfrey Harry Adams, Mr Robert Charles Baldwin, the Hon. Bronwyn Kathleen Bishop, Mr Michael John Hatton, Mr Peter John Lind- say, Mr Robert Francis McMullan, Mr Harry Vernon Quick, the Hon. Bruce Craig Scott, the Hon. Alexander Michael Somlyay, Mr Kim William Wilkie

Leader of the House—The Hon. Anthony John Abbott MP Deputy Leader of the House—The Hon. Peter John McGauran MP Manager of Opposition Business—Ms Julia Eileen Gillard MP Deputy Manager of Opposition Business—Mr Anthony Norman Albanese MP

Party Leaders and Whips Liberal Party of Australia Leader—The Hon. John Winston Howard MP Deputy Leader—The Hon. Peter Howard Costello MP Chief Government Whip—Mr Kerry Joseph Bartlett MP Government Whips—Mrs Joanna Gash MP and Mr Fergus Stewart McArthur MP

The Nationals Leader—The Hon. Mark Anthony James Vaile MP Deputy Leader—The Hon. Warren Errol Truss MP Chief Whip—Mr John Alexander Forrest MP Whip—Mr Paul Christopher Neville MP

Australian Labor Party Leader—The Hon. Kim Christian Beazley MP Deputy Leader—Ms Jennifer Louise Macklin MP Chief Opposition Whip—The Hon. Leo Roger Spurway Price MP Opposition Whips—Mr Michael David Danby MP and Ms Jill Griffiths Hall MP

Printed by authority of the House of Representatives

Members of the House of Representatives Member Division Party Abbott, Hon. Anthony John Warringah, NSW LP Adams, Hon. Dick Godfrey Harry Lyons, TAS ALP Albanese, Anthony Norman Grayndler, NSW ALP Anderson, Hon. John Duncan Gwydir, NSW Nats Andren, Peter James Calare, NSW Ind Andrews, Hon. Kevin James Menzies, VIC LP Bailey, Hon. Frances Esther McEwen, VIC LP Baird, Hon. Bruce George Cook, NSW LP Baker, Mark Horden Braddon, TAS LP Baldwin, Robert Charles Paterson, NSW LP Barresi, Phillip Anthony Deakin, VIC LP Bartlett, Kerry Joseph Macquarie, NSW LP Beazley, Hon. Kim Christian Brand, WA ALP Bevis, Hon. Archibald Ronald Brisbane, QLD ALP Billson, Hon. Bruce Fredrick Dunkley, VIC LP Bird, Sharon Cunningham, NSW ALP Bishop, Hon. Bronwyn Kathleen Mackellar, NSW LP Bishop, Hon. Julie Isabel Curtin, WA LP Bowen, Christopher Eyles Prospect, NSW ALP Broadbent, Russell Evan McMillan, VIC LP Brough, Hon. Malcolm Thomas Longman, QLD LP Burke, Anna Elizabeth Chisholm, VIC ALP Burke, Anthony Stephen Watson, NSW ALP Byrne, Anthony Michael Holt, VIC ALP Cadman, Hon. Alan Glyndwr Mitchell, NSW LP Causley, Hon. Ian Raymond Page, NSW Nats Ciobo, Steven Michele Moncrieff, Qld LP Cobb, Hon. John Kenneth Parkes, NSW Nats Corcoran, Ann Kathleen Isaacs, VIC ALP Costello, Hon. Peter Howard Higgins, Vic LP Crean, Hon. Simon Findlay Hotham, Vic ALP Danby, Michael Melbourne Ports, Vic ALP Downer, Hon. Alexander John Gosse Mayo, SA LP Draper, Patricia Makin, SA LP Dutton, Hon. Peter Craig Dickson, Qld LP Edwards, Hon. Graham John Cowan, WA ALP Elliot, Maria Justine Richmond, NSW ALP Ellis, Annette Louise Canberra, ACT ALP Ellis, Katherine Margaret Adelaide, SA ALP Elson, Kay Selma Forde, QLD LP Emerson, Craig Anthony Rankin, Qld ALP Entsch, Hon. Warren George Leichhardt, NSW LP Farmer, Hon. Patrick Francis Macarthur, NSW LP Fawcett, David Julian Wakefield, SA LP Ferguson, Laurence Donald Thomas Reid, NSW ALP Ferguson, Martin John, AM Batman, Vic ALP Ferguson, Michael Darrel Bass, TAS LP ii

Members of the House of Representatives Member Division Party Fitzgibbon, Joel Andrew Hunter, NSW ALP Forrest, John Alexander Mallee, VIC Nats Gambaro, Hon. Teresa Petrie, QLD LP Garrett, Peter Robert, AM Kingsford Smith, NSW ALP Gash, Joanna Gilmore, NSW LP Georganas, Steven Hindmarsh, SA ALP George, Jennie Throsby, NSW ALP Georgiou, Petro Kooyong, Vic LP Gibbons, Stephen William Bendigo, Vic ALP Gillard, Julia Eileen Lalor, Vic ALP Grierson, Sharon Joy Newcastle, NSW ALP Griffin, Alan Peter Bruce, Vic ALP Haase, Barry Wayne Kalgoorlie, WA LP Hall, Jill Griffiths Shortland, NSW ALP Hardgrave, Hon. Gary Douglas Moreton, Qld LP Hartsuyker, Luke Cowper, NSW Nats Hatton, Michael John Blaxland, NSW ALP Hawker, David Peter Maxwell Wannon, Vic LP Hayes, Christopher Patrick Werriwa, NSW ALP Henry, Stuart Hasluck, WA LP Hoare, Kelly Joy Charlton, NSW ALP Hockey, Hon. Joseph Benedict North Sydney, NSW LP Howard, Hon. John Winston Bennelong, NSW LP Hull, Kay Elizabeth Riverina, NSW Nats Hunt, Hon. Gregory Andrew Flinders, Vic LP Irwin, Julia Claire Fowler, NSW ALP Jenkins, Harry Alfred Scullin, Vic ALP Jensen, Dennis Geoffrey Tangney, WA LP Johnson, Michael Andrew Ryan, Qld LP Jull, Hon. David Francis Fadden, Qld LP Katter, Hon. Robert Carl Kennedy, Qld Ind Keenan, Michael Fayat Stirling, WA LP Kelly, Hon. De-Anne Margaret Dawson, Qld Nats Kelly, Hon. Jacqueline Marie Lindsay, NSW LP Kerr, Hon. Duncan James Colquhoun, SC Denison, Tas ALP King, Catherine Fiona Ballarat, Vic ALP Laming, Andrew Charles Bowman, Qld LP Lawrence, Hon. Carmen Mary Fremantle, WA ALP Ley, Hon. Sussan Penelope Farrer, NSW LP Lindsay, Peter John Herbert, Qld LP Livermore, Kirsten Fiona Capricornia, Qld ALP Lloyd, Hon. James Eric Robertson, NSW LP Macfarlane, Hon. Ian Elgin Groom, Qld LP Macklin, Jennifer Louise Jagajaga, Vic ALP Markus, Louise Elizabeth Greenway, NSW LP May, Margaret Ann McPherson, Qld LP McArthur, Fergus Stewart Corangamite, Vic LP McClelland, Robert Bruce Barton, NSW ALP iii

Members of the House of Representatives Member Division Party McGauran, Hon. Peter John Gippsland, Vic Nats McMullan, Robert Francis Fraser, ACT ALP Melham, Daryl Banks, NSW ALP Moylan, Hon. Judith Eleanor Pearce, WA LP Murphy, John Paul Lowe, NSW ALP Nairn, Hon. Gary Roy Eden-Monaro, NSW LP Nelson, Hon. Brendan John Bradfield, NSW LP Neville, Paul Christopher Hinkler, Qld Nats O’Connor, Brendan Patrick John Gorton, Vic ALP O’Connor, Gavan Michael Corio, Vic ALP Owens, Julie Ann Parramatta, NSW ALP Panopoulos, Sophie Indi, Vic LP Pearce, Hon. Christopher John Aston, Vic LP Plibersek, Tanya Joan Sydney, NSW ALP Price, Hon. Leo Roger Spurway Chifley, NSW ALP Prosser, Hon. Geoffrey Daniel Forrest, WA LP Pyne, Hon. Christopher Maurice Sturt, SA LP Quick, Harry Vernon Franklin, Tas ALP Randall, Don James Canning, WA LP Richardson, Kym Kingston, SA LP Ripoll, Bernard Fernando Oxley, Qld ALP Robb, Andrew John Goldstein, Vic LP Roxon, Nicola Louise Gellibrand, Vic ALP Rudd, Kevin Michael Griffith, Qld ALP Ruddock, Hon. Philip Maxwell Berowra, NSW LP Sawford, Rodney Weston Port Adelaide, SA ALP Schultz, Albert John Hume, NSW LP Scott, Hon. Bruce Craig Maranoa, Qld Nats Secker, Patrick Damien Barker, SA LP Sercombe, Robert Charles Grant Maribyrnong, Vic ALP Slipper, Hon. Peter Neil Fisher, Qld LP Smith, Anthony David Hawthorn Casey, Vic LP Smith, Stephen Francis Perth, WA ALP Snowdon, Hon. Warren Edward Lingiari, NT ALP Somlyay, Hon. Alexander Michael Fairfax, Qld LP Southcott, Andrew John Boothby, SA LP Stone, Hon. Sharman Nancy Murray, Vic LP Swan, Wayne Maxwell Lilley, Qld ALP Tanner, Lindsay James Melbourne, Vic ALP Thompson, Cameron Paul Blair, QLD LP Thomson, Kelvin John Wills, Vic ALP Ticehurst, Kenneth Vincent Dobell, NSW LP Tollner, David William Solomon, NT CLP Truss, Hon. Warren Errol Wide Bay, QLD Nats Tuckey, Hon. Charles Wilson O’Connor, WA LP Turnbull, Malcolm Bligh Wentworth, NSW LP Vaile, Hon. Mark Anthony James Lyne, NSW Nats Vale, Hon. Danna Sue Hughes, NSW LP iv

Members of the House of Representatives Member Division Party Vamvakinou, Maria Calwell, VIC ALP Vasta, Ross Xavier Bonner, QLD LP Wakelin, Barry Hugh Grey, SA LP Washer, Malcolm James Moore, WA LP Wilkie, Kim William Swan, WA ALP Windsor, Antony Harold Curties New England, NSW Ind Wood, Jason Peter La Trobe, VIC LP

PARTY ABBREVIATIONS ALP—Australian Labor Party; LP—Liberal Party of Australia; Nats—The Nationals; Ind—Independent; CLP—Country Liberal Party; AG—Australian Greens

Heads of Parliamentary Departments Clerk of the Senate—H Evans Clerk of the House of Representatives—I C Harris Secretary, Department of Parliamentary Services—H R Penfold QC

HOWARD MINISTRY

Prime Minister The Hon. John Winston Howard MP Minister for Trade and Deputy Prime Minister The Hon. Mark Anthony James Vaile MP Treasurer The Hon. Peter Howard Costello MP Minister for Transport and Regional Services The Hon. Warren Errol Truss MP Minister for Defence and Leader of the Govern- Senator the Hon. Robert Murray Hill ment in the Senate Minister for Foreign Affairs The Hon. Alexander John Gosse Downer MP Minister for Health and Ageing and Leader of the The Hon. Anthony John Abbott MP House Attorney-General The Hon. Philip Maxwell Ruddock MP Minister for Finance and Administration, Deputy Senator the Hon. Nicholas Hugh Minchin Leader of the Government in the Senate and Vice-President of the Executive Council Minister for Agriculture, Fisheries and Forestry The Hon. Peter John McGauran MP and Deputy Leader of the House Minister for Immigration and Multicultural and Senator the Hon. Amanda Eloise Vanstone Indigenous Affairs and Minister Assisting the Prime Minister for Indigenous Affairs Minister for Education, Science and Training The Hon. Dr Brendan John Nelson MP Minister for Family and Community Services and Senator the Hon. Kay Christine Lesley Patterson Minister Assisting the Prime Minister for Women’s Issues Minister for Industry, Tourism and Resources The Hon. Ian Elgin Macfarlane MP Minister for Employment and Workplace Rela- The Hon. Kevin James Andrews MP tions and Minister Assisting the Prime Minister for the Public Service Minister for Communications, Information Tech- Senator the Hon. Helen Lloyd Coonan nology and the Arts Minister for the Environment and Heritage Senator the Hon. Ian Gordon Campbell

(The above ministers constitute the cabinet)

HOWARD MINISTRY—continued

Minister for Justice and Customs and Manager of Senator the Hon. Christopher Martin Ellison Government Business in the Senate Minister for Fisheries, Forestry and Conservation Senator the Hon. Ian Douglas Macdonald Minister for the Arts and Sport Senator the Hon. Charles Roderick Kemp Minister for Human Services The Hon. Joseph Benedict Hockey MP Minister for Citizenship and Multicultural Affairs The Hon. John Kenneth Cobb MP

Minister for Revenue and Assistant Treasurer The Hon. Malcolm Thomas Brough MP Special Minister of State Senator the Hon. Eric Abetz Minister for Vocational and Technical Education The Hon. Gary Douglas Hardgrave MP and Minister Assisting the Prime Minister Minister for Ageing The Hon. Julie Isabel Bishop MP Minister for Small Business and Tourism The Hon. Frances Esther Bailey MP Minister for Local Government, Territories and The Hon. James Eric Lloyd MP Roads Minister for Veterans’ Affairs and Minister Assist- The Hon. De-Anne Margaret Kelly MP ing the Minister for Defence Minister for Workforce Participation The Hon. Peter Craig Dutton MP Parliamentary Secretary to the Minister for Fi- The Hon. Dr Sharman Nancy Stone MP nance and Administration Parliamentary Secretary to the Minister for Indus- The Hon. Warren George Entsch MP try, Tourism and Resources Parliamentary Secretary to the Minister for Health The Hon. Christopher Maurice Pyne MP and Ageing Parliamentary Secretary to the Minister for De- The Hon. Teresa Gambaro MP fence Parliamentary Secretary (Trade) Senator the Hon. John Alexander Lindsay Mac- donald Parliamentary Secretary (Foreign Affairs) and Parliamentary Secretary to the Minister for Im- The Hon. Bruce Fredrick Billson MP migration and Multicultural and Indigenous Af- fairs Parliamentary Secretary to the Prime Minister The Hon. Gary Roy Nairn MP Parliamentary Secretary to the Treasurer The Hon. Christopher John Pearce MP Parliamentary Secretary to the Minister for the The Hon. Gregory Andrew Hunt MP Environment and Heritage Parliamentary Secretary (Children and Youth Af- The Hon. Sussan Penelope Ley MP fairs) Parliamentary Secretary to the Minister for Educa- The Hon. Patrick Francis Farmer MP tion, Science and Training Parliamentary Secretary to the Minister for Agri- Senator the Hon. Richard Mansell Colbeck culture, Fisheries and Forestry

vii

SHADOW MINISTRY

Leader of the Opposition The Hon. Kim Christian Beazley MP Deputy Leader of the Opposition and Shadow Jennifer Louise Macklin MP Minister for Education, Training, Science and Research Leader of the Opposition in the Senate, Shadow Senator Christopher Vaughan Evans Minister for Indigenous Affairs and Shadow Minister for Family and Community Services Deputy Leader of the Opposition in the Senate and Senator Stephen Michael Conroy Shadow Minister for Communications and In- formation Technology Shadow Minister for Health and Manager of Op- Julia Eileen Gillard MP position Business in the House Shadow Treasurer Wayne Maxwell Swan MP Shadow Attorney-General Nicola Louise Roxon MP Shadow Minister for Industry, Infrastructure and Stephen Francis Smith MP Industrial Relations Shadow Minister for Foreign Affairs and Trade Kevin Michael Rudd MP and Shadow Minister for International Security Shadow Minister for Defence Robert Bruce McClelland MP Shadow Minister for Regional Development The Hon. Simon Findlay Crean MP Shadow Minister for Primary Industries, Re- Martin John Ferguson MP sources, Forestry and Tourism Shadow Minister for Environment and Heritage, Anthony Norman Albanese MP Shadow Minister for Water and Deputy Manager of Opposition Business in the House Shadow Minister for Housing, Shadow Minister Senator Kim John Carr for Urban Development and Shadow Minister for Local Government and Territories Shadow Minister for Public Accountability and Kelvin John Thomson MP Shadow Minister for Human Services Shadow Minister for Finance Lindsay James Tanner MP Shadow Minister for Superannuation and Inter- Senator the Hon. Nicholas John Sherry generational Finance and Shadow Minister for Banking and Financial Services Shadow Minister for Child Care, Shadow Minister Tanya Joan Plibersek MP for Youth and Shadow Minister for Women Shadow Minister for Employment and Workforce Senator Penelope Ying Yen Wong Participation and Shadow Minister for Corporate Governance and Responsibility

(The above are shadow cabinet ministers)

viii

SHADOW MINISTRY—continued Shadow Minister for Consumer Affairs and Laurie Donald Thomas Ferguson MP Shadow Minister for Population Health and Health Regulation Shadow Minister for Agriculture and Fisheries Gavan Michael O’Connor MP Shadow Assistant Treasurer, Shadow Minister for Joel Andrew Fitzgibbon MP Revenue and Shadow Minister for Small Busi- ness and Competition Shadow Minister for Transport Senator Kerry Williams Kelso O’Brien Shadow Minister for Sport and Recreation Senator Kate Alexandra Lundy Shadow Minister for Homeland Security and The Hon. Archibald Ronald Bevis MP Shadow Minister for Aviation and Transport Se- curity Shadow Minister for Veterans’ Affairs and Alan Peter Griffin MP Shadow Special Minister of State Shadow Minister for Defence Industry, Procure- Senator Thomas Mark Bishop ment and Personnel Shadow Minister for Immigration Anthony Stephen Burke MP Shadow Minister for Aged Care, Disabilities and Senator Jan Elizabeth McLucas Carers Shadow Minister for Justice and Customs and Senator Joseph William Ludwig Manager of Opposition Business in the Senate Shadow Minister for Overseas Aid and Pacific Robert Charles Grant Sercombe MP Island Affairs Shadow Parliamentary Secretary for Reconcilia- Peter Robert Garrett MP tion and the Arts Shadow Parliamentary Secretary to the Leader of John Paul Murphy MP the Opposition Shadow Parliamentary Secretary for Defence and The Hon. Graham John Edwards MP Veterans’ Affairs Shadow Parliamentary Secretary for Education Kirsten Fiona Livermore MP Shadow Parliamentary Secretary for Environment Jennie George MP and Heritage Shadow Parliamentary Secretary for Industry, Bernard Fernando Ripoll MP Infrastructure and Industrial Relations Shadow Parliamentary Secretary for Immigration Ann Kathleen Corcoran MP Shadow Parliamentary Secretary for Treasury Catherine Fiona King MP Shadow Parliamentary Secretary for Science and Senator Ursula Mary Stephens Water Shadow Parliamentary Secretary for Northern The Hon. Warren Edward Snowdon MP Australia and Indigenous Affairs

CONTENTS

TUESDAY, 8 NOVEMBER CHAMBER Questions Without Notice— Workplace Relations...... 1 National Security...... 1 Workplace Relations...... 2 Economy...... 3 Workplace Relations...... 3 Pharmacy Guild of Australia ...... 4 Government Advertising ...... 4 Workplace Relations...... 5 Workplace Relations...... 6 Welfare to Work...... 6 Government Advertising ...... 7 Trade: Sugar ...... 8 Workplace Relations...... 9 Foreign Affairs: Travel Advice...... 10 Floods ...... 11 National Security...... 11 Oil for Food Program ...... 13 Teacher Education ...... 13 Oil for Food Program ...... 14 Education and Training: Apprenticeships...... 14 Questions Without Notice: Additional Answers— Workplace Relations...... 15 Workplace Relations...... 16 Workplace Relations ...... 16 Questions to the Speaker— Contingent Notice of Motion...... 23 Availability of Chamber Documents ...... 23 Question Time ...... 23 Mobile Phones...... 23 Documents ...... 25 Legislative Assembly of the Northern Territory ...... 25 Matters of Public Importance— Sustainable Regions and Regional Partnerships Programs ...... 25 Intelligence Services Legislation Amendment Bill 2005— Assent ...... 42 Migration Litigation Reform Bill 2005— Returned from the Senate ...... 42 Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005— Consideration of Senate Message...... 42 Committees— Selection Committee—Report...... 42 Workplace Relations Amendment (Work Choices) Bill 2005— Second Reading...... 44 Adjournment— Telecommunications...... 122 Forde Electorate: Community Awards...... 123

CONTENTS—continued

Glebe School Child-Care Centre...... 124 Organ Donation ...... 125 Hallam Country Fire Authority ...... 126 Australian Flag ...... 128 Australian National Anthem...... 128 Organ Donation ...... 129 Notices ...... 129 QUESTIONS IN WRITING Veterans: Gold Card—(Question No. 1405)...... 130 Port Hedland Detention Centre—(Question No. 1701)...... 130 Service Fees—(Question No. 1883)...... 134 Australian Technical Colleges—(Question No. 1979) ...... 134 Australian Technical Colleges—(Question No. 1980) ...... 158 Australian Technical Colleges—(Question No. 1981) ...... 159 Australian Technical Colleges—(Question No. 1982) ...... 159 Coaching Services—(Question No. 2039) ...... 159 Talent Pool Program—(Question No. 2415) ...... 160 Consultancy Services—(Question No. 2416)...... 160 Consultancy Services—(Question No. 2451)...... 161

Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 1

Tuesday, 8 November 2005 National Security ————— Mr WOOD (2.03 pm)—My question is The SPEAKER (Hon. David Hawker) addressed to the Attorney-General. In rela- took the chair at 2.00 pm and read prayers. tion to the terrorism linked events and arrests QUESTIONS WITHOUT NOTICE overnight, is the Attorney-General aware of any views expressed on the relevance of the Workplace Relations recent amendments made to the Criminal Mr BEAZLEY (2.00 pm)—My question Code? is to the Prime Minister. It is now 20 days Mr RUDDOCK—I thank the member for since I first challenged the Prime Minister to La Trobe for his question. I know that the a national industrial relations debate. Why member for La Trobe, given his previous does the Prime Minister continue to hide experience, has been very interested in these behind 50 million taxpayers’ dollars worth of issues and the way in which they evolve. Liberal propaganda, 1,200 pages of extreme Sixteen people have been arrested this morn- legislation, a parliamentary guillotine to kill ing— off debate and warehouses full of 5.8 million pamphlets of misleading spin? When will the Ms George—Mr Speaker, I rise on a point Prime Minister come out of hiding and agree of order. It is very difficult to hear the Attor- to a national debate? ney-General’s response to an important issue. Could the microphones be turned up or Mr HOWARD—I have done a little re- could the Attorney-General please speak in a search since the Leader of the Opposition manner so that people can hear him? started asking me questions, and my research tells me that somewhere in the order of 700 The SPEAKER—I thank the member for to 800 questions have been asked of me by Throsby. I remind all members that it is the Leader of the Opposition. I would hazard much easier to hear if we keep the level of a guess that you would have to go back to noise down. I am sure the Attorney-General Calwell questioning Menzies to find a situa- will endeavour to make sure that his voice tion where a leader of the opposition has had can be heard. as many opportunities to ask a prime minis- Mr RUDDOCK—As I was saying a ter questions. I have been handed a note— moment ago, 16 people have been arrested miraculously a note has materialised. I have this morning in Melbourne and in Sydney in been told that 741 questions out of the 2,685 connection with terrorism related activities. that have been asked of me since I have been As both the New South Wales and Victorian the Prime Minister have come from the police commissioners have stated, this is an Leader of the Opposition. As I said the other ongoing operation and further charges are day, my predecessor deigned to turn up half being considered. For those reasons I have the number of times he should have. You no intention of commenting in detail on the have to go back to his predecessor to find a charges or the further conduct of the pro- prime minister who turned up at every ques- ceedings. It would be quite improper of me tion time, and then they only allowed 45 to do so. minutes. I do not think any prime minister Mr Crean—You wouldn’t do anything has been more available for questioning and improper, would you? debate in this parliament than the current Mr RUDDOCK—You are absolutely one. I can promise the Leader of the Opposi- right. I do regret that the events culminated tion that that is how it will remain.

CHAMBER 2 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 in a shooting this morning. While the use of Workplace Relations force by police officers is a matter of last Mr BEAZLEY (2.07 pm)—I agree with resort, it is obviously always traumatic for those comments, Mr Speaker, as I had occa- the victim, their family, their friends and the sion to formally at a press conference about police officers involved in the incident. This 20 minutes ago. My question is to the Minis- was an operation led by the Australian Fed- ter for Employment and Workplace Rela- eral Police and ASIO. I would like to also tions. I refer to the minister’s comments yes- acknowledge the Victoria Police, the New terday during question time, when he con- South Wales Police and the New South firmed that, under section 83BS on page 59 Wales Crime Commission for their coopera- of the bill, jail terms do apply to officers of tion in disrupting these activities. The people the Office of the Employment Advocate for arrested in Sydney and Melbourne are ex- divulging confidential information about pected to face charges under the Common- employees on AWAs and that jail terms will wealth Criminal Code Act of 1995. As Victo- be extended to those who are passed infor- rian Police Commissioner, Christine Nixon, mation if it is done so inappropriately by an stated this morning: officer of the Office of the Employment Ad- We believe that they were planning an operation vocate. Is the minister now saying that, as a and we weren’t exactly sure when, nor more im- result of the government’s extreme changes, portantly, what they planned to damage or to do journalists like those in the press gallery up harm to. there who receive whistleblower information Obviously, the role of the government is to from an Office of the Employment Advocate ensure that appropriate laws are in place to officer about the detail of a bodgie AWA are support operational decisions. In this case, at risk of jail terms? last week the parliament agreed to a specific Mr ANDREWS—Under the current provision to clarify that in a prosecution for a Workplace Relations Act there are protec- terrorist offence it is not necessary to identify tions for the privacy of individuals who have a particular terrorist act. I would like to ex- entered into Australian workplace agree- tend my appreciation to the parliament for ments. Those protections provide that an dealing with those urgent amendments, espe- official of the Office of the Employment Ad- cially to the senators who travelled long dis- vocate should not disclose inappropriately tances at short notice to ensure their passage. details of information provided to the Office We should be comforted by the words of the of the Employment Advocate. That is some- New South Wales Police Commissioner, Ken thing which this government believes is en- Moroney, who said this morning: tirely appropriate. It is just as appropriate as Certainly the Commonwealth legislation, as it an official of a court not being at risk when passed last week, assisted us. in a position where he or she should disclose His sentiments were echoed by state leaders private information which is provided to in Victoria and New South Wales. Law en- them but which is not in the public domain. forcement and security agencies at the fed- That is a sensible provision in the legislation eral and state levels have worked together at present. In addition to that— professionally, and I am sure the House Ms Macklin interjecting— would want to acknowledge their efforts. The SPEAKER—Order! The Deputy Leader of the Opposition!

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 3

Mr ANDREWS—I thought the Leader of That is consistent with an economy which is the Opposition was seeking information and moderating somewhat at the moment. We asking a sensible question. have had extraordinary jobs growth during Opposition members interjecting— last year. As the House is aware, unemployment is at a 30-year low. We are seeing a Mr ANDREWS—You might listen to the rebalancing of the economy out of consumer answer. If information which is private and demand towards business investment. which we believe ought to remain private is inappropriately disclosed by an official of the I believe this is an opportunity to get on Office of the Employment Advocate to an- with further reform of the Australian econ- other person, then we think that those provi- omy. There is no more important microeco- sions would apply as well. nomic reform that we could do at the moment than industrial relations reform, which Economy is absolutely critical for lifting productivity Mr JULL (2.10 pm)—My question is ad- and capacity. Also, improvements to the wel- dressed to the Treasurer. What do current fare system, which will boost labour supply surveys indicate for Australia’s future eco- and encourage greater capacity, are very im- nomic outlook? portant for Australia’s economic future. Mr COSTELLO—I thank the honour- Overall, we have a very solid story to tell able member for Fadden for his question. with solid prospects, but there is no room for Can I say on behalf of the House that it is complacency. The reform program must go great to have him back and for him to look on, and it must go on most particularly in so well. The National Australia Bank industrial relations. monthly business survey for October showed Workplace Relations that business conditions weakened. Key ac- Mr STEPHEN SMITH (2.13 pm)—My tivity and confidence measures weakened, question is to the Prime Minister. I refer the although they remain at reasonable levels. Prime Minister to his comments last night on Capacity utilisation declined, although it re- The 7.30 Report, where he said that his ex- mains high by historical standards. Invest- treme industrial relations changes are some- ment spending remained steady, but export thing that he has ‘believed in for more than performance was the best for some time. two decades’. Business reported some improvement in job gains in October. Government members—He didn’t say that! Yesterday the ANZ job ads index was released. The ANZ head of economics, Tony Mr STEPHEN SMITH—The quote is Pearson, in commenting on that index said ‘believed in for more than two decades’. that he thought there would be a further Mr Howard interjecting— slowing of employment over the next six Mr STEPHEN SMITH—You have be- months, but beyond this the upturn in news- lieved in it all right—we know that. paper advertisements is signalling a resur- The SPEAKER—Order! The member for gence in demand for labour. He said: Perth will continue his question. While it is early days yet, if the trend continues it points to some recovery in employment growth Mr STEPHEN SMITH—In light of that from mid-2006. confirmation, does the Prime Minister recall saying on 28 August 1979 that he thought leave loadings and penalty rates were ‘ri-

CHAMBER 4 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 diculous’ or, in November 1990, that leave taxpayers. Over the life of the agreement, loadings were illogical and a ‘heavy and lu- total payments to pharmacists will increase dicrous impost’? Prime Minister, isn’t this by 28 per cent in real terms and there will be attitude reflected on page 371 of the bill, a 6.2 per cent real increase in payments per which removes penalty rates and leave load- script to pharmacists, but there will also be ings from the safety net—penalty rates worth $350 million of savings against the forward up to $240 a month for average employees estimates. There will be a new community who work overtime? Prime Minister, isn’t it service obligation fund, which will ensure the case that your extreme industrial rela- that any PBS drug will be delivered to any tions changes are not about Australia’s future pharmacy anywhere in Australia generally but about your past? within 24 hours, and there will be more The SPEAKER—The Prime Minister can flexible location rules which will preserve ignore the last part of the question. traditional community pharmacy but which will also enable pharmacists to move to areas Mr HOWARD—This legislation is not of high potential unmet demand for PBS extreme legislation. The position in relation drugs. to penalty rates has been very clearly set out both in statements that have been made and This agreement is the product of more in the legislation. If somebody is on an than six months of hard work by senior offi- award, the matters of penalty rates and leave cials of my department and by officers of the loadings are covered in the award. If some- Pharmacy Guild. I want to say that the guild body enters into an agreement, unless there has been a decent and honourable negotiat- is provision in the agreement expressly varying partner. Of course, it is in the nature of ing or removing the penalty rates, the default these agreements that there have been com- provision is that the penalty rates stipulated promises all round, but this agreement dem- in the relevant award obtain. That is the posi- onstrates the capacity of the Howard gov- tion; it is very clear. It is not as described by ernment to engage in constructive partner- the member. ship with important community organisations to produce agreements which are in the over- Pharmacy Guild of Australia all best interests of the Australian people. Mr BAKER (2.15 pm)—My question is Government Advertising addressed to the Minister for Health and Ageing. Would the minister advise the House Mr STEPHEN SMITH (2.17 pm)—My of the new agreement reached with the Phar- question is again to the Prime Minister. I macy Guild of Australia? How will this refer to the government direction that nearly agreement ensure that Australians continue half a million 16-page, glossy booklets be to have access to affordable medicines? pulped at a cost to the taxpayer of over $152,000 because the government’s spin Mr ABBOTT—I thank the member for doctors said the word ‘fairer’ had to be in the Braddon for his question. I can inform him title. I also refer to the fact that, of the six and the House that agreement has been million booklets produced, 5.8 million copies reached on the fundamental design of a are currently dumped in warehouses across fourth agreement between the Pharmacy the country. Prime Minister, won’t these 5.8 Guild of Australia and the Commonwealth million copies also be pulped because the government. This agreement will be reason- market research is now saying that your Lib- able for pharmacists, it will be good for pa- eral Party propaganda is not fooling the Aus- tients and, above all else, it will be fair for

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 5 tralian public? Prime Minister, will the Lib- The R word rolls up. It reminds me of that eral Party pay for the pulping of its own fic- other thing that he was going to do—roll tion? back. It is rip up this time. But let us look at Mr HOWARD—The only thing that I what he says he is going to rip up. This is have to add to the answer that I gave to, es- what the Leader of the Opposition says he is sentially, the same question yesterday is to going to rip up: he is going to rip up, he is again correct the erroneous proposition that going to roll back, one set of rules for work- the reason that some copies were pulped was places in Australia. He does not want one set the absence of one word on the front cover. of rules for workplaces in Australia. In fact, as from time to time occurs with the Opposition members interjecting— preparation of any material, there were some The SPEAKER—Order! The member for content errors in the document. That is why Hotham! the change was made. Mr ANDREWS—What the Leader of the Workplace Relations Opposition says he is going to rip up, what Mr McARTHUR (2.19 pm)—My ques- he is going to get to vote for or against this tion is addressed to the Minister for Em- week, is whether there should be one guaran- ployment and Workplace Relations. Would teed safety net for workers in Australia, the minister update the House on how Aus- whether or not they are covered by an award. tralian workplaces will benefit from a simpli- That is what he says he is going to rip up. He fied workplace relations system? Are there is also going to rip up a guaranteed four any alternative views? weeks annual leave for workers in Australia. Mr ANDREWS—I thank the member for That is what the Leader of the Opposition Corangamite for his question of substance in says he is going to rip up. And it goes on. relation to workplace relations. I say to him The Leader of the Opposition says he is go- that the new Work Choices system is the first ing to rip up every single page. That means step towards consolidating six state systems, he is going to rip up a guarantee of a mini- which currently have over 3,000 pages of mum of 52 weeks maternity leave. That is legislation, into a single workplace relations what he is going to rip up. I suppose he is system for Australia. The achievement of this also going to vote against doubling the num- will be to the greater benefit of the Austra- ber of workplace inspectors in Australia. Is lian economy, reducing the needless red tape he against doubling the number of workplace that has built up over 100 years in this coun- inspectors in Australia? Or what about pro- try. This is something which this side of poli- tecting small business who are ruined by tics believe is important for Australia as we irresponsible industrial action? That is what move into this century. Last week the Leader the Leader of the Opposition says he is going of the Opposition was reported on the Today to vote against, and the list goes on and on show as saying: and on. ... we oppose every line of this Bill. And we will All of these sensible measures that are go to the next election on the basis of dismantling there to protect employers and employees in the system they put up ... Australia, the Leader of the Opposition says The Leader of the Opposition also said: that he stands against. The reality, of course, ... Labor in government is committed to ripping is that nobody knows what he stands for and up these laws. nobody knows what he stands against. In fact, I remind the House that he said for two

CHAMBER 6 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 terms of parliament he was against the GST contributed to other political parties. It would and he was going to roll it back. Is he still be my understanding—and I will check against it today? Not even the union move- this—that the contract was awarded in the ment believe the Leader of the Opposition, normal fashion. It has not been the practice because reported in the West Australian on in the past to disbar companies from doing Monday the Secretary of UnionsWA, Dave government work simply by reason of the Robinson, is reported as ‘urging union sup- fact that they have made political donations. porters not to become complacent by relying I will ask somebody to just do a little bit of on the Labor Party to roll back the legisla- research this afternoon as to the donation and tion’. The unionists in Western Australia, political track record of organisations and who know the Leader of the Opposition well, individuals that have enjoyed government know we do not know what he is for and we contracts under former governments. do not know what he is against. The sad fea- I thought the rule was that you awarded ture of a man who has spent 25 years in this these contracts in a manner where there was place is that most Australians have not got a a proper selection, and the fact that the com- clue what you stand for. pany may have been a financial supporter of The SPEAKER—Order! I remind the this or that side of politics was totally irrele- Minister for Employment and Workplace vant. But apparently the Labor Party no Relations that the reference to another person longer believes that, which is a very interest- in this chamber by the word ‘you’ is strongly ing observation. discouraged. Welfare to Work Workplace Relations Mr BAIRD (2.26 pm)—My question is Mr KELVIN THOMSON (2.24 pm)— addressed to the Minister for Workforce Par- My question is to the Prime Minister. Can ticipation. Will the minister explain to the the Prime Minister confirm that the taxpayer House what the government is doing to help funded contract to distribute the Work- more Australians move from welfare to Choices booklets went to Salmat Pty Ltd? work? Can the Prime Minister also confirm that Mr DUTTON—I thank the honourable Salmat and one of the company’s directors member for his question, and can I take the donated almost $120,000 to the Liberal and opportunity to thank him and all members on National parties in corporate and personal this side of the House for the consultation donations in just the latest disclosure year that they have provided to the government in 2003-04? How does the Prime Minister jus- the formulation of our Welfare to Work tify the awarding of an $800,000 distribution package. Earlier today Minister Andrews and contract to a Liberal Party corporate mate I had the pleasure of announcing details of given that these booklets are not being dis- the Howard government’s $3.6 billion in- tributed and are likely to be pulped? vestment in the Welfare to Work package to Mr HOWARD—I do not without check- help more job seekers and their families get ing—and I am not necessarily suggesting ahead by getting off welfare and into work. that the member for Wills is misleading the The changes to be introduced will see parliament; I am not suggesting that—find around 450,000 new employment training myself in a position to confirm the identity and rehabilitation places to help people with of the distribution company. I am aware of disabilities, parents, the mature aged and Salmat. I do not know whether Salmat has very long-term unemployed off the dole and

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 7 into work. This also importantly includes an The SPEAKER—The Deputy Leader of additional 101,000 places in employment the Opposition is warned! and rehabilitation services. In the Job Net- Mr DUTTON—not just better for them- work, for instance, there will be a new em- selves but better for their families and their ployment preparation service to help parents children and, ultimately, better for this coun- update or gain new skills to help them get try. into work. There will be additional places for Government Advertising parents with additional needs in the Personal Support Program and other specialist em- Mr BOWEN (2.30 pm)—My question is ployment services. For people with disabili- directed to the Prime Minister. I refer to the ties who have a capacity to work, there are fact that the government’s $50 million tax- more services and there is more financial payer funded advertising campaign has been incentive to help them into part-time and headed up by advertising agency Dewey ultimately, we hope, full-time employment. Horton, and in particular Ted Horton, who has directed Liberal Party election advertis- I can confirm today that parents applying ing for many years. Prime Minister, isn’t it for parenting payment single after 1 July the case that Senate estimates revealed that 2006 will be able to remain on that payment Dewey Horton is on a $2 million contract until their youngest child turns eight. How- which includes the design of the cover of the ever, they will still have to look for work government’s 16-page glossy booklets which once the youngest child turns six. Parents are now collecting dust? Doesn’t this show currently on the parenting payment single that this fraudulent advertising propaganda is will remain on that payment until their just a Liberal Party campaign for Liberal youngest child turns 16. An important point Party purposes? to make—because the Labor Party have been running a scare campaign on this very is- The SPEAKER—Before I call the Prime sue—is that people who were on a disability Minister, I ask the member for Prospect to support pension at the time that this an- remove the word ‘fraudulent’. nouncement was made, at the May budget, Mr McMullan—Mr Speaker, I rise on a will remain on that pension. These changes point of order. Under what possible standing we are very proud of because they are in the order are you suggesting— national interest. The SPEAKER—For the benefit of the Ms Macklin interjecting— member for Fraser, it is standing order 100. The SPEAKER—Order! The Deputy Mr McMullan—I have standing order Leader of the Opposition! 100 in front of me. Mr Speaker, you can, of Mr DUTTON—We know that they will course, under the standing orders require bring more Australians the ability to get into people to rephrase questions, but you have to a job and to enjoy the financial rewards that have some basis for doing it. The fact is that a job brings. This government strongly be- someone considers an advertising campaign lieves, in contrast to the Labor Party, that to be fraudulent. They would not be entitled people of a working age who have a capacity to allege that a member was fraudulent, be- to work are better off off welfare and into cause that is an allegation that would require work— a substantive motion, but they are certainly entitled to say that the government’s adver- Ms Macklin interjecting— tising campaign is fraudulent, because it is.

CHAMBER 8 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

The SPEAKER—The member for Fraser The SPEAKER—The Manager of Oppo- has made his point. I ask the member for sition Business will withdraw if it was an Prospect to rephrase his question on the basis offensive statement. of standing order 100(d), which makes refer- Ms Gillard—If they are going to put on a ence to arguments, inferences, imputations, sook, I withdraw. insults, ironical expressions and so on. The SPEAKER—The member will with- Ms Gillard—Mr Speaker, further to the draw. member for Fraser’s point of order: which Ms Gillard—I withdraw. particular section of standing order 100(d) do you say applies in this instance and how do The SPEAKER—I thank the member. you say it applies to an adjective before the Mr VAILE—I thank the member for Hin- word ‘propaganda’? I refer you to the fact kler for his question, which is obviously very that he is not referring to an individual. relevant to the sugar industry Australia-wide The SPEAKER—The Manager of Oppo- and particularly the sugar producers in his sition Business has made her point. I have electorate. The federal government is work- already ruled on this point. It is under standing hard on a number of fronts to assist the ing order 100(d). I am offering the member sugar industry and cane growers across Aus- for Prospect the opportunity to rephrase his tralia in trade opportunities internationally, in question. the structure of the industry in Australia and in new opportunities to use their product in Mr BOWEN—Mr Speaker, in deference different ways domestically in Australia. The to you, I rephrase the last paragraph of the member would be aware that Australia took question to say: ‘Doesn’t this show that this part in a joint action with Brazil and Thai- advertising propaganda is just Liberal Party land in the WTO, in which we challenged the campaign material for Liberal Party pur- subsidies that the European Union applied to poses?’ five million tonnes of its sugar that it was Mr HOWARD—The answer is no. exporting. We argued that case and won. We Trade: Sugar won on the basis that those subsidies were Mr NEVILLE (2.33 pm)—My question found to be illegal, and they have to be re- is addressed to the Deputy Prime Minister moved. The member will be pleased to hear and Minister for Trade. Would the Deputy that, by 22 May next year, the European Un- Prime Minister inform the House of recent ion will have to reduce those subsidies to developments in the World Trade Organisa- only 1¼ million tonnes of sugar instead of tion that will benefit Australian sugar farm- five million tonnes of sugar. That will mean ers? What measures has the government un- Australia’s sugar producers will be able to dertaken to support sugar products and the compete more effectively and competitively sugar industry? and without that distortion in the international marketplace. That is something we Mr Abbott—Mr Speaker, on a point of have undertaken under the rules based sys- order: just prior to the member for Hinkler tem of the WTO. asking his question, members on this side distinctly heard an offensive comment from I can also confirm that the government the member for Lalor and I request that she have been undertaking additional measures withdraw it. It was a reference to a member by providing new opportunities for the use of being fraudulent and it should be withdrawn. sugar cane and sugar in Australia. That, of course, is through the development of a sus-

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 9 tainable and competitive Australian ethanol Workplace Relations industry. Unlike those on the other side, who Mr SWAN (2.38 pm)—My question is di- a few years ago stymied the development of rected to the Treasurer. I refer the Treasurer an ethanol industry in Australia for political to his interview with David Speers on the purposes, this government have put in place Agenda program last evening, when he said, a number of measures to assist in the devel- ‘The best way to compare the benefits of opment of an ethanol industry which will use labour market flexibility is to look at two sugar as the biomass going into its develop- societies, one with one system and one with ment. We have introduced a $37 million pro- the other.’ Is the Treasurer aware that, in the gram to expand the capacity of the biofuels decade since New Zealand introduced re- industry, $43 million in ethanol production forms similar to those now proposed in Aus- grants and an effective excise-free status un- tralia, its productivity grew at half the pace til 2011, all to help generate the development of Australia’s? Does the Treasurer accept the of this new industry in Australia which un- view of respected Age commentator Tim derpins not just the sugar industry but also Colebatch that ‘there is no reason to think other agricultural industries in Australia. these reforms will lift productivity’? Will he We have worked with the fuel distribution now acknowledge that these reforms are all industry and it has committed to developing pain with no productivity gain? industry action plans to implement the distri- Mr COSTELLO—From work which has bution of biofuels throughout Australia. Aus- been done in the IMF, the OECD and other tralia’s four car manufacturers have agreed international organisations, one of the rea- that, as of the beginning of next year, they sons why unemployment rates are lower in will fix labels to all new vehicles, authoris- Britain, the United States, New Zealand and ing usage and guaranteeing the warranty on Australia at present is that by and large those those vehicles to use E10 fuel, a 10 per cent countries have more flexible labour markets ethanol blend. So there has been a broad than countries on the continent, particularly range of contributions by a number of indus- France and Germany. Those members of the tries in Australia to assist in the development public who have been following recent of the ethanol industry. events in France will know that France has a Last week the Minister for Industry, Tour- very high unemployment rate—higher than ism and Resources, Ian Macfarlane, and I 10 per cent—as does Germany. One of the launched the availability of an E10 blend reasons why unemployment is so high in through a local BP service station here in France is they have a very highly regulated Canberra. So all members of parliament can labour market, including a labour market go down to Kingston and fill up with E10 which has very restrictive unfair dismissal and support the Australian sugar industry. I laws. I was on the IMF committee for eight am delighted to inform the House that since or nine years and I do not think there was a then we have been advised that ethanol single meeting of the IMF committee that blended fuel makes up about 25 per cent of passed without the continental countries be- the regular unleaded fuel sales at that par- ing urged to reform their labour markets— ticular participating BP store in Kingston. So Mr Swan—What about New Zealand? the member for Hinkler should be comfort- The SPEAKER—Order! The member for able in the knowledge that our government is Lilley has asked his question. working on many fronts to support the sugar industry in Australia.

CHAMBER 10 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Mr COSTELLO—and to get rid of re- Foreign Affairs: Travel Advice strictive unfair dismissal laws in order to Mr RANDALL (2.42 pm)—My question boost productivity and to lower unemploy- is addressed to the Minister for Foreign Af- ment. fairs. Would the minister advise the House Mr Beazley—Mr Speaker, on a point of how the government is ensuring that Austra- order on relevance: he has erected here a lians have the best possible advice on which straw man. It was not a comparison between to base their decisions about overseas travel? continental Europe and Australia but be- Mr DOWNER—First I thank the honour- tween Australia and New Zealand— able member for his question and remind the The SPEAKER—The Leader of the Op- House that, as the Prime Minister has said so position will resume his seat. The Treasurer often, the government’s top priority is to pro- is answering the question. tect the safety and welfare of Australians Mr COSTELLO—As I said on that pro- here in Australia and of course we do what gram yesterday, and was quoted, you can we can overseas. The House may be inter- compare countries that have regulated labour ested to know that Australians are now mak- markets against those that do not. Those that ing 4.8 million trips every year and almost do, such as France and Germany and others 900,000 Australians live overseas. It is there- in continental Europe, invariably have higher fore not surprising that the government’s unemployment. The New Zealand unem- travel advisory has become an important tool ployment rate, from memory, is probably for communicating with Australian travel- lower than Australia’s. lers. Today I have announced that the DFAT travel advisory system will be changed to Mr Beazley interjecting— make it clearer and simpler for Australians to Mr COSTELLO—Okay, the Leader of use. The changes include the creation of a the Opposition says it is higher. We will go new five-level advisory system, which to the record but I will make a prediction. grades the government’s assessment of the My recollection is that it is in fact lower, but level of risk in individual countries. The sys- I will make this prediction: it will certainly tem ranges from level 1, which advises trav- not be in double digits as in countries like ellers to be alert to their own security, to the France and Germany. Why? Because New highest level, which recommends, not sur- Zealand—like Australia, like the United prisingly, that Australians should not travel States and like Britain, the so-called Anglo to a country. societies—has a much less regulated labour Let me make it absolutely clear: it is not market and— the job of the government to tell Australians Mr Beazley—Mr Speaker, I rise on a what to do. We on this side of the House do point of order on relevance. This was not not aspire to run a nanny state. Decisions about unemployment levels; it was about about whether, where and when to travel are productivity. New Zealand has half— up to individuals. The SPEAKER—The Leader of the Op- Mr Swan interjecting— position will resume his seat. Has the Treas- The SPEAKER—The member for Lilley! urer finished his answer? I call the honourable member for Canning. Mr DOWNER—Our old friends, the so- cialists, of course aspire to run the state just like that. That is why you join the Labor

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 11

Party: so that you can tell other people what available for the flood victims, especially in to do with their lives. Molong, which overnight suffered its worst Mr Swan interjecting— flooding in 50 years, and Eugowra, which is expecting a record or near record flood peak The SPEAKER—The member for Lilley by midnight tonight? is warned! Mr HOWARD—I thank the member for Mr DOWNER—The changes will help Calare for that question. Can I say in re- Australians to better understand the relative sponse that I will obtain some information, level of risks in the different countries and and I will come back to him as soon as pos- therefore to make well-informed decisions sible after question time. I can in the interim about overseas travel. assure the honourable member, through you, Opposition members interjecting— Mr Speaker, that if like circumstances apply Mr DOWNER—Mr Speaker, I happen to in relation to the areas that he has mentioned think that the people watching question time to circumstances in other areas that have at- are quite interested in the travel advisory tracted those benefits then there will be total system, even if the old Labor Party are not. equality and fairness of treatment. The Labor Party of yesteryear might have National Security been; the Labor Party of today are just a Mr MICHAEL FERGUSON (2.47 party, as you can see from their badges, of pm)—My question is addressed to the Minis- trade union hacks. There are three simple ter for Transport and Regional Services. steps that all travellers can take to make sure Would the minister update the House on they are prepared for unexpected events what the government is doing to ensure secu- overseas. The first is to subscribe to the rity at Australia’s major airports? travel advisory service. The second is to register their contact details with the smart Mr Martin Ferguson interjecting— travel web site so that consular staff can con- Mr MICHAEL FERGUSON—Wrong tact them in an emergency. The third is to electorate, mate. take out travel insurance. I do think that it is The SPEAKER—Order! The member for a very important thing for Australians to do. Bass has the call. The member for Bass will At the end of the day, it is up to individuals commence his question again. to weigh the risks and to take responsibility Mr MICHAEL FERGUSON—My ques- for their own decisions and actions. The gov- tion is addressed to the Minister for Trans- ernment will do what it can to help but, in port and Regional Services. Would the minis- the end, individuals must take responsibility ter update the House on what the government for their own decisions. is doing to ensure security at Australia’s ma- Floods jor airports? What action has the government Mr ANDREN (2.46 pm)—My question is taken— to the Prime Minister. Given the declaration Opposition members interjecting— today by the New South Wales Emergency The SPEAKER—Order! The chair is Services Minister that Cabonne and Parkes having great difficulty hearing this question. shires are natural disaster areas, can the Prime Minister assure those communities Mr MICHAEL FERGUSON—Minister, that the special benefits available under fed- what action has the government taken in re- eral social security provisions will be made sponse to the review of aviation security conducted by Sir John Wheeler?

CHAMBER 12 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Mr TRUSS—I thank the honourable The government, in its response to the member for Bass for his question. Isn’t it Wheeler recommendations, has put in place great to have a member for Bass who actu- programs which will also add very substan- ally takes things like aviation security seri- tially to the safety of people operating and ously instead of a union inspired, scaremon- needing to use our Australian airports. The gering campaign, which is all we receive counter-terrorism measures that have been from the other side? They do not understand proposed include new offences for leaving security. They have never tried to. At the last baggage unattended in airport precincts and election they made no significant commit- greater powers for police, particularly in ments to security— transport hubs and other places of mass gath- Mr Albanese interjecting— ering. The SPEAKER—Order! The member for Mr Bevis interjecting— Grayndler is warned! The SPEAKER—The member for Bris- Mr TRUSS—All they do is criticise. bane is warned! There are never any real, constructive contri- Mr TRUSS—Since September 11, the butions made to effectively deal with secu- Australian government has put in place rity. measures totalling around $500 million to Mr Bowen—Mr Speaker, I rise on a point improve aviation security. There is $195 mil- of order. The minister was asked a very seri- lion specifically in response to the Wheeler ous question about airport security, not about recommendations and, in addition to that, alternative policies—Labor Party policy or there was $93 million for the enhanced avia- anything else. tion security package in December 2003. There are significant investments for re- The SPEAKER—The minister is just be- gional security. ginning his answer. I call the Minister for Transport and Regional Services. I noticed the shadow minister for transport interjecting. He was making some critical Mr TRUSS—It is indeed a serious ques- comments about the roll-out of wands and tion. I would have thought, therefore, that the security equipment for the first time at re- members opposite might have listened and gional airports around Australia. This pro- wanted to get a few facts about what is actu- gram will be completed ahead of schedule so ally happening. The reality is that the new that, at those airports where the risks are as- Aviation Transport Security Act, which was sessed as being lower than at capital city air- put in place in March this year, has provided ports, there will be a capacity to deal with a framework for us to be involved in a very heightened threats whenever they arise. This significant investment in new aviation secu- is a government that is serious about security rity activity. Since March, 250 Australian and serious about addressing the needs of our airports and airlines have developed detailed capital city and regional airports. We are get- security programs and are required to follow ting on with the job. Members opposite appropriate security procedures. There has merely criticise with union inspired scare been a constructive response from airports campaigns which do not address the issues around Australia to their obligations in that because they have no commitment to secu- regard—most opposite to the attitude being rity or to spending the resources necessary to shown by members opposite now and in their keep our skies safe. contributions to this issue.

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 13

Oil for Food Program sioned a year ago into the teaching of read- Mr RUDD (2.52 pm)—My question is ing in Australian schools and how Australian addressed to the Deputy Prime Minister and teachers are taught how to teach our children Minister for Trade. I refer to the minister’s to read. The Sydney Morning Herald today statement to this House in September 2002, said that this report that I am about to receive in the middle of the Wheat Board funding is ‘scathing about the competence of student scandal with Iraq, when he said that the teachers, citing evidence that many lack “the Howard government: literacy skill required to be effective teachers of reading”’. Annah Healy, the coordinator ... actively encourages Australian companies to participate in the oil for food program and ac- of literacy in primary education at the tively facilitates that participation. Queensland University of Technology, in the same article said: When did the minister, his office or his department first have concerns conveyed to Years ago we could give students literacy tests to them on whether the Wheat Board’s dealings work out where they stood, but we can’t now because of all these equity guidelines. We can’t with Iraq were violating UN sanctions be seen to be discriminating. But we’d love to do against Saddam Hussein’s regime? it again. Mr VAILE—This issue has been can- The article went on: vassed by the opposition, and I know that the Dr Healy estimated 20 per cent of her students Minister for Foreign Affairs has indicated on had serious literacy problems and another 10 per behalf of our department their knowledge cent “just got it”. and their involvement in terms of the con- This report follows a growing and substantial tracts and their application as far as the sanc- body of evidence that there is a serious prob- tions are concerned. The allegations raised lem in the training of Australia’s teachers. first came to my attention as a result of the That is not a criticism of teachers, but it is a Volcker inquiry. criticism of the way in which they are being Teacher Education trained. No teacher can teach what he or she Dr WASHER (2.54 pm)—My question is has not been taught to do. We know that, at addressed to the Minister for Education, Sci- the moment, one in 10 people training to be a ence and Training. Is the minister aware of teacher at the University of Tasmania is un- concerns about the standard of teacher train- dergoing a remedial reading program. We ing? What is the government doing to lift know that only one in six students at the educational standards? Are there any alterna- Australian Defence Force Academy, who tive policies? need to have very high entry scores to get in, Dr NELSON—I thank the member for can achieve a 70 per cent proficiency in ba- Moore for his question. He, like all of us sic grammar. We know that 56 per cent of who are parents, would know that, apart those training to be teachers, in a study at the from we who are parents, the most important Queensland University of Technology, could people in the lives of our children are their not identify a syllable. As Dr Healy said in teachers. So Australians would have been today’s Sydney Morning Herald article, quite disturbed today when they read on the ‘How on earth would they cope if they ever front page of the Sydney Morning Herald a had to help a child with language difficul- headline which said, ‘Teachers told: prove ties?’ you can read and write’. In fact, the story The battle for Australia’s international reports on a national inquiry that I commis- competitiveness is going to be fought, and

CHAMBER 14 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 indeed won or lost, in Australia’s schools. an agreement to pay money to the former We know that about 30 per cent of Australian Iraqi regime and that it followed the proc- children are leaving the school system today esses and protocols laid down by the United functionally illiterate. The government are Nations. The honourable member will not determined to see that there will be reforms need reminding that the Prime Minister has in Australian universities, particularly in announced that there will be an independent education faculties. We have established, at a inquiry to examine whether there has been cost of $30 million, a national institute for any breach of Australian law by those Aus- quality teaching to oversee this process. By tralian companies referred to in the Volcker the time this government have finished with report. teacher training, those who go into training Education and Training: Apprenticeships to be teachers not only will be tested on liter- Mrs ELSON (2.59 pm)—My question is acy and numeracy but will be tested on the addressed to the Minister for Vocational and way out. Our children need it and our coun- Technical Education. Would the minister try’s future relies on it. inform the House how the government is Oil for Food Program assisting new apprentices to get a start in Mr GAVAN O’CONNOR (2.58 pm)— traditional trades? My question is to the Minister for Agricul- Mr HARDGRAVE—Firstly, I pay tribute ture, Fisheries and Forestry. I refer to the to the member for Forde who, in her time in recently released Volcker report and its find- this parliament, has been so strong on advo- ings that Australian Wheat Board Interna- cacy for family policy and opportunities for tional paid $300 million to Saddam Hussein. the next generation. All sides of this place Can the minister confirm that the Wheat Ex- greatly respect and appreciate her efforts. port Authority has both the statutory respon- The Australian government are continuing to sibility and the power to investigate all as- roll out on our election commitments. This pects of AWB’s overseas contracts, including side of politics promise and deliver. That is those for the supply of wheat under the oil what we do, and we are in the process of for food program? What information has the providing additional support to new appren- Wheat Export Authority provided to the gov- tices. We are providing young people in this ernment about this scandal? Minister, have country with real choices. Those opposite do you actually asked the Wheat Export Author- not like the word ‘choice’. They like to show ity to get to the bottom of this scandal and, if that they do not trust young people; they pre- so, when was that done? fer to tell them what they have to do, or there Mr McGAURAN—I thank the honour- will be no government assistance. But on this able member for his question. The Chairman side we believe that young people can be of the Wheat Export Authority, Mr Tim trusted to pursue the type of career that they Besley, answered a number of these ques- want. tions at Senate estimates hearings. He ad- This has led to the introduction of a num- vised the Senate that he and his authority ber of measures, including the $1,000 Com- have discharged their statutory responsibili- monwealth Trade Learning Scholarship— ties as required under the legislation. I paid in two parts—for first- and second-year should also stress that the Australian Wheat apprentices, at a cost of $106 million over Board has continued to deny it had any four years. Recently, MAS Administrative knowledge that it was paying or entering into Services was the organisation selected to

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 15 manage the delivery of another government The SPEAKER—The Prime Minister initiative: the Tools for Your Trade initiative. may proceed. More than $120 million has been allocated Mr HOWARD—I was asked a question over four years. It will assist some 34,000 about Salmat by the member for Wills. I new apprentices each year over the next four have been able to obtain the following in- years, with an $800 tool kit in trade shortage formation. The Department of Employment professions, which will make a real differ- and Workplace Relations has a contract with ence. The kits have been available since 1 Salmat for mail-house services. I am advised October. that Salmat was selected following an open Over 10,744 new apprentices who com- tender process conducted earlier this year by menced after 1 July this year are now poten- the department. That decision was published tially able to receive that $800 tool kit. For on the department’s intranet, announcing the the information of the member for Forde, selection. It reads as follows: ‘Salmat Docu- that includes 259 apprentices in her elector- ment Management Solutions was the suc- ate alone. We are determined to continue to cessful tenderer following an open tender promote the government’s policies in assist- process to find a mail-house service provider ing employers and new apprentices to get on for the department and the contract period is with the job of creating the next generation from 1 June 2005 to 1 June 2008.’ It was of trained people. We are determined to back therefore a decision not in any way specific young Australians. to this particular contract. I listened to what the Minister for Em- On the question of alleged political con- ployment and Workplace Relations said be- nection between the recipient of a govern- fore. He said, ‘Not even the union movement ment contract and past activity, can I point believe what the Labor Party say, because out to the House that, between 1983 and I’ve gone to the ACTU web site and, as they 1996, ANOP, run by Mr Rod Cameron, re- say, when it comes to new apprenticeships, ceived contracts from the then government you now have a lot more choice.’ They have amounting to $2,801,600. Let me say imme- actually listed the full range of professions, diately that I have quite a high professional including the ones that the Labor Party tar- regard for Rod Cameron. I thought Rod geted, such as hospitality, tourism, health Cameron was a much better researcher for care, child care and retail. The ACTU are the Australian Labor Party than some of the happy to endorse this government’s support researchers they have had in recent years. I for the choice that young people make, while thought Rod Cameron was very capable. It those opposite continue to be isolated in the simply makes the point that expressions of reality that comforts them but no-one else in political support should not disbar one from this nation. preferment on the merits. Mr Howard—Mr Speaker, I ask that fur- Mr Beazley—Mr Speaker, I ask that the ther questions be placed on the Notice Paper. Prime Minister table the documents he was QUESTIONS WITHOUT NOTICE: quoting from. ADDITIONAL ANSWERS The SPEAKER—Was the Prime Minister Workplace Relations reading from a confidential document? Mr HOWARD (Bennelong—Prime Min- Mr HOWARD—It is marked ‘confiden- ister) (3.03 pm)—Mr Speaker, I seek the in- tial’. dulgence of the chair to add to an answer.

CHAMBER 16 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Workplace Relations industrial relations policy in this place, the Mr COSTELLO (Higgins—Treasurer) Prime Minister is out the door. He will stand (3.05 pm)—Mr Speaker, I seek the indul- here in question time and provide no answers gence of the chair to add to an answer. to the questions that are asked—questions which we on this side of the House merely The SPEAKER—The Treasurer may ask because precisely those questions are proceed. being directed to us by ordinary Australians. Mr COSTELLO—In the course of ques- They want to know what it is that the Prime tion time I said that the unemployment rate Minister has in mind for them. He does not in New Zealand was lower than in Australia, have the ticker to stand in this place or to where it was 5.1 per cent, and the Leader of stand before the glare of the public and ex- the Opposition interjected to say that I was plain the policies that he intends to pursue. wrong. The unemployment rate in New Zea- He is out of touch, he is arrogant and he in- land is in fact 3.7 per cent. I table the press tends for the Australian people with this leg- release from Statistics New Zealand, which islation the most fiendish mischief that has shows that the unemployment rate was 3.7 been visited upon them. per cent for the June 2005 quarter. Those opposite complain that we intend to WORKPLACE RELATIONS tear up this legislation. They complain that Mr BEAZLEY (Brand—Leader of the we will have not a bar of a single jot of it. Opposition) (3.07 pm)—I move: The reason we will not have a bar of a single That so much of the standing and sessional or- jot of it is that absolutely nothing in this pro- ders be suspended as would prevent the Prime vides a decent safety net for Australian fami- Minister from being required to provide this lies. Absolutely nothing in this gives job se- House with a full and proper explanation of: curity to Australian workers. Absolutely (a) his refusal to agree to a televised national nothing in this provides Australian workers debate with the Leader of the Opposition on with what they have had for 100 years—100 his extreme industrial relations changes; years of having a fair umpire to preside over (b) his decision to waste more than $50 million the issues between them and their employers. of taxpayers’ money on a Liberal Party And absolutely nothing in this provides pro- propaganda campaign; tection to an ordinary worker by guarantee- (c) his role in the decision to pulp nearly half a ing them access to the assistance of a union million copies of the 16 page WorkChoices official when they want or need that assis- booklet at a cost of over $152,000; tance. They have in fact in this legislation, (d) his role in the decision to not distribute some behind their honeyed words, criminalised an 5.8 million copies of the WorkChoices book- awful lot of ordinary union activity. If that let but dump them in warehouses around the activity is pursued in negotiations with the country because market research now shows will of the employee—or even, for that mat- his propaganda is not fooling the Australian ter, with the will of the employer—many of public; and these areas will attract for both the employer (e) his knowledge of the granting of contracts and the employee a $33,000 fine. for the production and distribution of the WorkChoices booklet to companies who are Finally, they say that what this is doing is donors to the Liberal and National Parties. letting the market run free. They have the Once again, the Prime Minister is straight most intrusive ministerial fiat ever granted. A out the door. The moment a debate begins on minister of the Commonwealth, under any piece of Commonwealth legislation, in war

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 17 or peace, has an absolute fiat to interfere in capacity to exercise choice for their kids’ every single agreement, of an individual or education and people who will see their chil- collective character, entered into in this dren deprived of a lifestyle that they them- country and to rule out conclusions. So, even selves enjoyed as children in an earlier era. It if the employer and the employee, or the em- will be a day of sorrow in many households ployer and employees collectively, agree around this country. freely to a particular outcome, the minister is Mr Laming interjecting— capable of moving into that outcome and Mr BEAZLEY—This utter fool, this effectively criminalising it if they intend to child of privilege who is interjecting over pursue it. It is extraordinary legislation. It is here, cares absolutely nothing for what will not freeing up the labour market; it is actu- go on in the families and the households of ally bringing an iron clamp onto the labour his electorate. When the families and the market, the ministerial clamp that allows him households of his electorate experience what to do anything he likes. The intention of the will happen under this, they will find when government here is not for a free market; the they go to their Liberal and National mem- intention of the government here is to direct bers—those worthless, supine idiots who an outcome: to ensure that the weight of au- have been the useful idiots of this particular thority in the negotiating process on wages transmission—a cold heart and a closed ear. and conditions shifts massively across to the They will not want to hear the reality of what employer. is happening to ordinary Australians. This is When this comes into place—and this is why we need a debate, which is the first of why we need a proper negotiation on this— these points; we need one so this can be the real outcomes will not be obvious to the clarified for the Australian people. The aver- Australian people. Nothing cataclysmic is age across this nation of $240 a month in going to happen overnight. When this legis- penalty rates—which is the difference be- lation passes, the next day everything will be tween being able and not being able to pay the same. But slowly, steadily, over the next your mortgage—that you earn now will not two years, the conditions that Australians be earned. It will be gone. But you will work have been used to will gradually crumble those hours, and you will be directed to work underneath them, as though their working them. That is why we need this debate. conditions have experienced an infestation of The second reason why we need to pass termites. Gradually, one by one, firm by this motion is to get some explanation for the firm, the workers will find themselves in a extraordinary propaganda effort, and the Or- place where their capacity to earn a living wellian language, that has been employed by wage, particularly if there is any moderation the government to sell the unsellable. To ab- in the economy, will start to put them in the solutely everything that is claimed in that situation that they have in the United States $50 million worth of advertising the opposite and that they developed in New Zealand af- applies. When they say there is security, ter the changes like this that they put in place there is no security. When they say there is over a decade ago. Large numbers of them an opportunity to have your penalty rates will join that phenomenon—the phenomenon protected, they are not protected. You can go of a mass based working poor: people who through each of those propositions and you cannot sustain through their lives the capac- will find behind each of those advertisements ity to provide themselves with a home that a lie. We say those ads have not worked, but they own themselves, people without the

CHAMBER 18 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 they probably have. I really do believe that, The SPEAKER—Is the motion sec- if that $50 million worth of sleeping tablets onded? had not been dumped on the Australian Mr Stephen Smith—I second the motion population, you would be seeing in the polls and reserve my right to speak. the Liberals not merely slightly behind; you Mr ABBOTT (Warringah—Minister for would be seeing them crushed. Advertising Health and Ageing) (3.18 pm)—No-one has works. It always does. Otherwise, there been more ready to debate workplace rela- would not be a whole industry built around tions change in our country than this Prime it. Minister. The Prime Minister was prepared Then we come to the leaflet that was not to debate this issue back in the 1980s, when distributed. Didn’t we find out something he was the first serious voice to campaign today? We found out today that the initial publicly for a more flexible and deregulated version of that leaflet was pulped not be- labour market. He was prepared to debate cause it failed to have ‘fairness’ on the this measure in the early 1990s, when mem- cover—and the cover of a propaganda pam- bers opposite actually had the courage to phlet is now the only part of the entire effort accept that there was a need for change. In of the government in this legislative process those days, he was more than prepared to to include the word ‘fair’; that word ‘fair’ give credit where it was due and to support was taken out of the bill—but because they the measures that were courageously and objected to the content. The content was also properly introduced by the former Keating something that we drew attention to at the government. In the mid-1990s and subse- time. The content that was removed was any quent to 1996 he was prepared to debate up form of guarantee of things like penalty rates hill and down dale workplace relations and access to decent arrangements in relation change until we got the Reith bill of 1996. to unfair dismissal. That was taken out of the Since then he has been prepared to debate earlier version for the simple reason that workplace relations change with anyone, all there was no intention on the part of the gov- the time, because he has always believed that ernment that people should be thinking seri- the long-term interests of the people of Aus- ously about those issues when they came to tralia require putting our economy on the consider the legislation. strongest possible footing. What we see to- The loot goes into the pockets of those day is not an attempt to get the Prime Minis- Liberal Party ne’er-do-wells who support the ter to debate something, because he is debat- Liberal Party campaigns. These leaflets may ing it all the time. What we see today is an not have been distributed, and these ads may admission by the Leader of the Opposition be only semi-effective, but what has been that he will not get traction for his own posi- really effective is the loot that has ended up tion unless he can somehow put himself up in the back kick of the Liberal Party’s adver- on television with the Prime Minister. tising executives. The Prime Minister de- I am certainly not going to impugn the cided to have a lend of one of the people motives of members opposite. I understand who from time to time had done work for the that many of them feel deeply about this. I Labor Party, and his entire 13-year effort did understand that the unions, which many of not come up to one year of Ted Horton’s. We them worked for and which support them, must have this motion passed so we can get feel deeply about this. I am not going to say that proper debate. (Time expired) that they do not feel strongly about it. I am

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 19 just going to express my deep regret—and Let us come to the substantive issue. The the regret, I am sure, of the entire Australian substantive issue at stake here today is the public—that today’s Australian Labor Party real nature of the government’s proposed does not have the intellectual courage and workplace relations changes. Let me say that the intellectual honesty of the Labor Party of what is proposed in this House is evolution- 1983 to 1993. It was prepared to analyse the ary not revolutionary. It builds on the good problems of our country and, where neces- work done by the former government in sary, to confront the vested interests— 1993. It builds on the courage of decent La- including the vested interests that typically bor men—men of greater stature than the supported the Australian Labor Party—that people now occupying those opposition stood in the way of progress. I ask: what has benches. It builds on the good work of this happened to the men of courage and princi- government in 1996—as negotiated with the ple that were once the lions of Labor? Isn’t it then Senate. This is an evolutionary change sad that the once mighty Labor Party has that builds on the strengths of our existing been reduced to this? Instead of coming in workplace relations system. here and mounting an intellectual argument, Let us ask ourselves: what has been deliv- instead of having the courage to embrace ered by the current workplace relations sys- necessary change, those in the Labor Party tem? Not the chaos that was warned about by have been reduced to giggling like school- Bill Kelty in 1996. What has been delivered girls to try to disrupt the debate of this par- by the current workplace relations system is liament and to human billboards, sporting what every decent Australian should want: badges rather than intelligent arguments more jobs, higher pay and fewer strikes. That about the long-term economic future of our has been the legacy thus far of the govern- country. ment’s workplace relations changes and it is Let me say that this Prime Minister not to extend this impressive legacy that the only has been consistently prepared to debate government wants to bring these further evo- the need for workplace relations reform in lutionary changes into our parliament. our country but also has allowed an unprece- There is a fundamental principle en- dented length of time to debate the work- shrined in the bill which has been introduced place relations bills currently before the par- by this government: what you have, you liament. By tomorrow evening, there will keep, until such time as you agree to change have been some 25 hours of debate on this it. That is the fundamental principle en- legislation. This is a very long debate by the shrined in this bill. Let there be no mistake: standards of this parliament. From memory, there is a definite intention on the part of this we had something like 13 hours of debate on government to introduce further flexibility the GST legislation. From memory, under the into our labour market. We do not want fur- former government, we had just 14 hours of ther flexibility in our labour market to reduce debate on the extremely controversial Wik people’s existing pay and conditions. We legislation. This government is going to al- have faith in the ability of the Australian low some 25 hours of debate on the work- worker to know what is in his or her best place relations legislation in this House, fol- interest and not to sacrifice good wages and lowed by a significant Senate inquiry and conditions wantonly in the face of brutish probably a fortnight’s worth of debate in the employers. Senate.

CHAMBER 20 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

We have faith in the employers of this Party—support levels of deregulation which country. We do not believe, as members op- are equivalent to those supported by the New posite so often seem to believe, that workers Zealand Labour Party and the British Labour are fools and that employers are brutes. We Party. If a more deregulated, more flexible do not believe that the workers of this coun- labour market is good enough for New Zea- try are idiots incapable of understanding land Labour, why is it not good enough for their own best interests and that the employ- Australian Labor? If it is good enough for ers of this country are monsters just waiting British Labour, why is it not good enough for to exploit their workers. We believe that Australian Labor? I regret to say that the these are good and decent Australians—99.9 tragedy of Australian Labor is the quality of per cent of them, 99.9 per cent of the time— its leadership. It is not currently led by peo- and we are prepared to trust them to know ple with the courage to embrace change and their own best interests and to act in accor- do what is necessary in the best interests of dance with their own best interests. the Australian people. We need greater flexibility because, at the Hovering over this parliament is the end of the day, the fairest and most compas- judgment pronounced against the current sionate thing that any government can do for leader of the Labor Party by the former the workers of this country is to increase leader of the Labor Party, Mark Latham—no their number by trying to ensure that the un- real ideas, no real energy, no real backbone. employed people of Australia have the great- And, when it comes to labour market reform, est possible chance to enter the work force. the Leader of the Opposition is haunted by That is what these changes are all about. guilt that he was the employment minister These changes are all about giving the fair who delivered us almost 11 per cent unem- go to the unemployed people of this country ployment. I say he should live down that so long denied them because of the inflexi- legacy and shame by supporting the sensible bility of our labour market. And I am afraid evolutionary changes that this government to say that fair go is now denied to them by wants to put in place. members opposite who are much more inter- Mr STEPHEN SMITH (Perth) (3.28 ested in the 95 per cent of the work force pm)—Standing orders need to be suspended with jobs than they are with the five per cent so that this House can consider the refusal of of the work force who do not have jobs. the Prime Minister to agree to a televised They are the people whom this government national debate with the Leader of the Oppo- is trying to protect. sition on the Prime Minister’s extreme indus- Let us get down to the fundamentals. The trial relations changes; the Prime Minister’s fundamental issue is that notwithstanding the decision to waste more than $50 million of changes that this government has made we taxpayers’ money on a Liberal Party propa- still have, by international standards, a com- ganda campaign; the Prime Minister’s role in paratively regulated labour market. Our la- the decision to pulp nearly half a million bour market is more regulated than the la- copies of a 16-page WorkChoices booklet at bour markets of the United Kingdom and a cost of over $152,000; the Prime Minister’s New Zealand. And not surprisingly both the role in the government decision not to dis- United Kingdom and New Zealand have sig- tribute some 5.8 million copies of that book- nificantly lower levels of unemployment let but to dump them in warehouses because than Australia. All we ask of members oppo- the government’s market research says that site is that they—the Australian Labor that propaganda is no longer fooling the Aus-

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 21 tralian public; and the Prime Minister’s wage reflect a view of what inflation is and knowledge about the granting of contracts what general living standards are is also re- for the production and distribution of that moved from the bill. What does that mean? It booklet and the government’s advertising means that the minimum wage under the campaign to companies which are either do- government in future will be low and unfair. nors to the Liberal Party or associated with It will not be fair; it will be low and unfair. Liberal Party campaigns. We will have ‘content error’ when the mini- There are a couple of essential points mum wage is reduced in real terms. We will about the need to suspend standing orders. have ‘content error’ when up to four million Firstly, why does the Prime Minister want to Australian employees or any other number hide from a debate on this issue? The Prime have their unfair dismissal rights withdrawn Minister wants to hide from a debate on this because of what are quaintly described as issue because scrutiny of the detail exposes ‘operational matters’. So the devil is very just how vulnerable Australians are when it much in the detail. comes to these extreme, unfair and divisive Yesterday we had ‘pulp fiction’ and ‘kill changes. Every time a piece of detail is ex- bill’. Today we have a different aspect— amined, the more unfair and outrageous we ‘back to the future’. Last night we saw the see these proposals are. Prime Minister on the great national public Secondly, whether it is the advertising broadcaster’s 7.30 Report saying, ‘No, these campaign, the pulping of documents or the things aren’t a distraction. These are issues warehousing and dumping of documents— that I have had strong views about for 20 all roads lead to Rome. It is a Liberal Party years or more—for decades or more.’ This advertising campaign by Liberal Party agen- morning in the Australian respected former cies, by Liberal Party advertisers, by Liberal Senator Harradine is reported as saying, Party campaigners and by Liberal Party do- ‘These are remarkably similar to things that I nors to shore up a taxpayer-funded Liberal considered when I was in the Senate back in Party propaganda campaign about these mat- the 1980s.’ So today we see ‘back to the fu- ters. Why? The government wants to slide ture’. The government has been out there these things through. Yesterday we saw ‘pulp saying ‘Don’t worry about the detail. Don’t fiction’ and ‘kill bill’—you will pulp the fic- worry about how unfair these things are. tion, why don’t you kill the bill? Today we Don’t worry about how un-Australian these saw a different aspect of that. All of these things are. Don’t worry about the fact this things are justified by the Prime Minister on will leave us with an American-style work- the basis of a ‘content error’. So the cover of ing poor. These things are absolutely essen- the booklet is changed. Half a million copies tial for our economy.’ of the booklet are pulped because the covers There was not one word about this in the do not have the word ‘fair’ on them. run-up to the last election, but plenty of The government spends millions and mil- words in the 1970s, the 1980s and the 1990s. lions of taxpayers’ dollars trying to pretend I will quote just a few. The Prime Minister in that somehow these changes are fair. In the 1979 said: detail of the bill what do we find? We find ... penalty rates ... a ridiculous impost. that the requirement that the minimum wage The Prime Minister in November 1990, on be a fair minimum standard is removed from holiday loading, said: the bill. The requirement that the minimum ... a heavy and ludicrous impost.

CHAMBER 22 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

The Prime Minister in April 1992 said: King, C.F. Lawrence, C.M. ... penalty rates, the length of the working week, Livermore, K.F. Macklin, J.L. overtime, holiday loadings and all of those things McClelland, R.B. McMullan, R.F. that are holding back the needed flexibility in Melham, D. Murphy, J.P. O’Connor, B.P. O’Connor, G.M. Australia’s industrial relations system ought to be Owens, J. Plibersek, T. matters for negotiation between employers and Price, L.R.S. Quick, H.V. employees. Ripoll, B.F. Roxon, N.L. In November 1990 he said: Rudd, K.M. Sercombe, R.C.G. I argued for the forgoing of the holiday loading ... Smith, S.F. Snowdon, W.E. it’s a fairly illogical benefit. Swan, W.M. Tanner, L. Thomson, K.J. Vamvakinou, M. The 1970s, the 1980s and the 1990s were Wilkie, K. redolent with the Prime Minister’s long- NOES standing ideological and political attachment Abbott, A.J. Andrews, K.J. to ripping away at the wages of Australian Baird, B.G. Baker, M. workers, ripping away at entitlements and Baldwin, R.C. Barresi, P.A. conditions and ripping away at the independ- Bartlett, K.J. Billson, B.F. ent umpire. I do not even need to remind Bishop, B.K. Bishop, J.I. those opposite about the Prime Minister Broadbent, R. Brough, M.T. stabbing the umpire in the stomach. (Time Cadman, A.G. Causley, I.R. expired) Ciobo, S.M. Cobb, J.K. Costello, P.H. Downer, A.J.G. Question put: Draper, P. Dutton, P.C. That the motion (Mr Beazley’s) be agreed to. Elson, K.S. Entsch, W.G. Fawcett, D. Ferguson, M.D. The House divided. [3.37 pm] Forrest, J.A. * Gambaro, T. (The Speaker—Hon. David Hawker) Gash, J. Georgiou, P. Ayes………… 59 Haase, B.W. Hardgrave, G.D. Hartsuyker, L. Henry, S. Noes………… 79 Hockey, J.B. Howard, J.W. Majority……… 20 Hull, K.E. Hunt, G.A. Jensen, D. Johnson, M.A. AYES Jull, D.F. Keenan, M. Kelly, D.M. Kelly, J.M. Adams, D.G.H. Albanese, A.N. Laming, A. Ley, S.P. Beazley, K.C. Bevis, A.R. Lindsay, P.J. Lloyd, J.E. Bird, S. Bowen, C. Macfarlane, I.E. May, M.A. Burke, A.E. Burke, A.S. McArthur, S. * McGauran, P.J. Byrne, A.M. Corcoran, A.K. Moylan, J.E. Nairn, G.R. Crean, S.F. Danby, M. * Nelson, B.J. Neville, P.C. Edwards, G.J. Elliot, J. Panopoulos, S. Pearce, C.J. Ellis, A.L. Ellis, K. Prosser, G.D. Pyne, C. Emerson, C.A. Ferguson, L.D.T. Randall, D.J. Richardson, K. Ferguson, M.J. Fitzgibbon, J.A. Robb, A. Ruddock, P.M. Garrett, P. Georganas, S. Schultz, A. Scott, B.C. George, J. Gibbons, S.W. Secker, P.D. Slipper, P.N. Gillard, J.E. Grierson, S.J. Smith, A.D.H. Somlyay, A.M. Griffin, A.P. Hall, J.G. * Stone, S.N. Thompson, C.P. Hatton, M.J. Hayes, C.P. Ticehurst, K.V. Tollner, D.W. Hoare, K.J. Irwin, J. Truss, W.E. Tuckey, C.W. Jenkins, H.A. Kerr, D.J.C.

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 23

Vaile, M.A.J. Vale, D.S. relations debate and many members on the Vasta, R. Washer, M.J. opposition benches who wish to speak in that Wood, J. debate will be denied their rights. Then, on * denotes teller Thursday, it appears very likely that the con- Question negatived. tingent notice of motion will be used to guil- QUESTIONS TO THE SPEAKER lotine debate on the Anti-Terrorism Bill (No. Contingent Notice of Motion 2) 2005, with it having been debated possibly for as little as four hours in this House. Ms GILLARD (3.44 pm)—Mr Speaker, I refer you to the fact that on 15 September The SPEAKER—I thank the Manager of this year the Leader of the House used a con- Opposition Business. That is a detailed ques- tingent notice of motion to guillotine debate tion. I am not sure that I will be offering on the Telstra (Transition to Full Private views, but I will give serious consideration Ownership) Bill 2005 and the Telecommuni- to her question. To my knowledge there has cations Legislation Amendment (Competi- been no discussion on the points she raised, tion and Consumer Issues) Bill 2005 despite but I will check that further and I will report the fact that the House was provided with back as soon as I am able to. only a few hours in which to consider these Availability of Chamber Documents bills. I am advised that this is the first time Question Time since 1986 that a contingent motion has been Mobile Phones used, and on that occasion it was used because leave was not granted for a bill to be The SPEAKER (3.47 pm)—I have three read a second time. I note that the process is issues to raise with members. There was con- extremely rare; indeed, there are no exam- siderable discussion last Wednesday about ples other than these two of a contingent mo- the provision of sufficient copies of a bill and tion being used in the House. a specific issue was raised by the member for Calare and the member for Denison regard- Mr Speaker, can I please ask you to advise ing the availability of explanatory memo- the House of your views regarding the use of randa. The current arrangements for the this parliamentary device, which is clearly availability of bills are that the Table Office about curtailing debate and the rights of receives 100 copies for provision to mem- members to speak to bills before the House? bers, their staff and others. Copies of the bill Can I also ask you to advise the House if you are available as soon as the bill is presented. or your staff have engaged in discussions A small number of bills and the explanatory with the Prime Minister, the Leader of the memoranda are available in the chamber, House or their staff about the use of contin- having been placed on the table after presen- gent motions? Finally, can I ask you if any tation. Primary distribution takes place from discussion took place before the Leader of the Table Office, and both bills and explana- the House proceeded with his motion on 15 tory memoranda are loaded onto the web for September? public access via the internet. Mr Speaker, there is some urgency in your After consideration of the expected de- addressing these issues in that the opposition mand for the Workplace Relations Amend- rightly, in my view, fears that the contingent ment (Work Choices) Bill 2005, arrange- notice of motion procedure, which is about ments were made to receive an additional curtailing debate, will probably be used in 400 copies of the bill and an extra 150 copies this House tomorrow to curtail the industrial of the explanatory memorandum. In accor-

CHAMBER 24 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 dance with standard practice, as soon as the best positioned to answer particular ques- Minister for Employment and Workplace tions. Relations had presented the bill and the There had been discussion on Wednesday Clerk had read the title, a small number of about the provision of sufficient copies of a copies of the bill and the explanatory memo- bill. In this regard, the Speaker’s responsibil- randum were placed on the table in the ity, acting on advice from the Clerk, is chamber and limited additional stock was whether copies of a bill are available within also available for distribution in the chamber. the chamber and from the Table Office so Distribution of the bill to members and that the second reading can be moved imme- their staff was also commenced from the Ta- diately. It is the ministry’s responsibility to ble Office. Distribution of the explanatory ensure that copies of the bill are delivered for memorandum was withheld until its presen- the House, and it was on this basis that I tation. When it became clear that further cop- permitted the question on Thursday. ies were required in the chamber, sufficient The third issue is that last Tuesday the additional copies of the bill were taken to the member for Prospect asked me a question chamber for distribution to members. The about the use of mobile telephones for text bill and explanatory memorandum were messaging while other members have the loaded onto the web. However, the explana- call. Text messaging on mobile telephones tory memorandum was subsequently re- falls within the same category of activity as moved after a short period when it became sending and receiving email messages on apparent that there would be a significant laptops. Members and advisers have been delay between the presentation of the bill and permitted to use laptop computers and mo- the presentation of the explanatory memo- bile telephones for text messaging in the randum. In view of the concerns expressed chamber for several years now, and I propose by the member for Denison and the member to allow this practice to continue. However, for Calare, I have asked the Clerk to review as I indicated to the honourable member arrangements for making available copies of when he raised this matter, I support the pro- explanatory memoranda. hibition, enforced by successive Speakers The second point is that on Thursday last against members and, indeed, other persons, week the member for Denison and the mem- speaking on mobile telephones in the chamber for Fraser asked me questions about the ber. I would add to this a further prohibition management and processes of the House, on the use of any camera functions on a mo- such as those relating to the availability of bile telephone while in the chamber. bills. The suggestion was that these were These practices support the orderly con- solely within the province of the Speaker. duct of proceedings in the House and help to There is a long tradition of questions on no- ensure that the member with the call is tice, now called questions in writing, about shown the courtesy she or he is entitled to the operation of the House being addressed expect and is not disturbed or interrupted by to the Leader of the House. I refer members a mobile phone ringing or a person talking or to the House of Representatives Practice, filming on a mobile phone. Members should page 538. While it is now possible for oral note that they must avoid having mobile and written questions to be addressed to the telephones close to an active microphone, as Speaker, there remains the option that the this might cause disruption to the sound and Leader of the House or the Prime Minister is broadcasting systems in the chamber. I have

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 25 not been aware of proceedings being inter- The urgent need to support the Sustainable rupted by text messaging. Should there be Regions and Regional Partnerships programmes interruptions from any source, I will recon- for the benefit of rural and regional Australia. sider the matter. I call upon those members who approve of DOCUMENTS the proposed discussion to rise in their places. Mr ABBOTT (Warringah—Leader of the House) (3.52 pm)—Documents are tabled as More than the number of members re- listed in the schedule circulated to honour- quired by the standing orders having risen in able members. Details of the documents will their places— be recorded in the Votes and Proceedings Mr HARTSUYKER (Cowper) (3.53 and I move: pm)—This matter of public importance pro- That the House take note of the following vides the opportunity to note the coalition documents: government’s commitment to regional Aus- Industrial Relations Court of Australia— tralia and to highlight the outstanding suc- Report for 2004-05. cesses which regional Australians have de- Murray-Darling Basin Commission—Report livered for their own communities. It also for 2004-05. represents an opportunity for all to see the Labor Party’s hypocrisy on this issue and the Debate (on motion by Ms Gillard) adjourned. support that the Labor Party have received from their sidekick, the member for New LEGISLATIVE ASSEMBLY OF THE England. It is apparent that when it comes to NORTHERN TERRITORY supporting regional Australia the Labor Party The SPEAKER (3.52 pm)—I present a have their own collective commitment to letter from the Speaker of the Legislative what I call the ‘hypocritic oath’—not the Assembly of the Northern Territory forward- hippocratic oath but the hypocritic oath. I say ing a resolution of the assembly relating to this because members opposite are happy to the proposed Commonwealth legislation to accept funding under Regional Partnerships make provision for a radioactive waste man- on the one hand, yet on the other hand they agement facility in the Northern Territory. are the most vehement critics of the use of MATTERS OF PUBLIC IMPORTANCE Regional Partnerships funding in coalition electorates. Sustainable Regions and Regional Partnerships Programs And standing just to one side of the Aus- tralian Labor Party is the member for New The SPEAKER—I have received letters from the honourable member for Cowper England, an MP who is willing to use parliamentary privilege to attack Regional Part- and the honourable member for Kennedy nerships, the former Deputy Prime Minister, proposing that definite matters of public importance be submitted to the House for dis- John Anderson, and Senator Sandy Mac- cussion today. As required by standing order donald; and, as a result of all of that, to attack the achievements of community groups 46, I have selected the matter which, in my opinion, is the most urgent and important; which have delivered so much for local that is, that proposed by the honourable towns and villages. Indeed, the cartoonist in member for Cowper, namely: the Daily Telegraph, Warren Brown, lam- pooned the member for New England and his use of parliamentary privilege on 19 No-

CHAMBER 26 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 vember 2004. In the cartoon he clearly de- ered a number of options as to how to effec- picts the member for New England as the tively stimulate local communities and to ‘King of Coward’s Castle’. address the uncertainty which existed in The Regional Partnerships and Sustain- many towns across the regional landscape. able Regions programs have not only sup- There were some who proffered the opinion ported many local communities but also that governments should simply fund more served to highlight the disregard that the La- projects in regional areas. However, the bor Party has for regional Australia. It is a overwhelming opinion of delegates was that measure of the member for New England’s a straight handout from government would confused position when he aligns himself not necessarily make projects a success and with the Australian Labor Party. This is the regenerate local communities. Rather, the same Labor Party that has deserted regional summit recommended that we adopt a bot- Australia for 13 years. It is the same Labor tom-up or grassroots approach. Such an ap- Party which has allowed Canberra to tell proach would allow local communities to Condobolin what is good for their own identify their own needs and to take owner- community. It is the same Labor Party that ship of these projects. It acknowledges that had no Regional Partnerships or Sustainable Canberra based bureaucrats are not necessar- Regions programs but gave Australia 17 per ily the best people to decide what will work cent interest rates and 11 per cent unem- in a local community and it replaces the top- ployment. down, nanny-state approach which saw funding for facilities for which many communi- Whilst we continue to see the Leader of ties had no regard. the Opposition flipping and flopping over whether Regional Partnerships stands for The new approach ensured that there was good or stands for evil, today I want to bring a genuine need in the community and pas- to the attention of the House a number of key sionate support for that project that was matters. Firstly, I will highlight the origins of about to be undertaken. By empowering lo- the Regional Partnerships and Sustainable cal communities to promote their own solu- Regions schemes; secondly, I will focus on tions, the bottom-up approach allowed gov- the successes of those schemes and the out- ernment to help leverage up outcomes with a comes that are being achieved in regional relatively smaller amount of government and rural Australia; and, thirdly, I will record expenditure. Importantly, it accepts that gov- the hypocrisy of the Australian Labor Party ernments, businesses and communities work- and their sidekick, the member for New Eng- ing together in partnership can address many land, in opposing these programs and their of the problems facing regional Australia. As advocates. a result of that regional summit, the Regional Solutions program, which was later incorpo- In October 1999 the then federal Minister rated into Regional Partnerships, and the for Transport and Regional Services, the Sustainable Regions Program were estab- Hon. John Anderson, convened the Regional lished. Both programs were part of a vision Australia Summit. The summit’s primary to create a strong and resilient regional Aus- focus was to address the challenges that were tralia by 2010 and to turn uncertainty and confronting regional Australia. A specific change into opportunity and prosperity. focus was on those regional communities which had experienced economic downturns While I acknowledge that there remain and social disadvantage. The summit consid- ongoing challenges in regional Australia, the success of Regional Partnerships and Sus-

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 27 tainable Regions is obvious for all to see. goes on. The total value of the project was Since 2001 these programs have leveraged some $1.3 million, leveraged from an initial more than $900 million in investment, Commonwealth contribution of $269,000. It helped communities diversify and helped is interesting to note that it will not be the communities to create new opportunities. members of the local Coffs Harbour commu- Residents in regional Australia have clearly nity who will benefit but people in the sur- demonstrated that they do not want a hand- rounding regions who will be travelling to out but that they will accept a hand up to receive treatment at the hospital. I know that achieve real outcomes. Under the Regional members of the Coffs Harbour Rotary Club Partnerships and Sustainable Regions pro- were delighted when the grant funding was grams, 960 projects have received a total of announced. $270 million in Commonwealth funding The coalition government is absolutely since 2001-02. This funding has generated an supportive of this project, as it is of many additional $640 million in partnership fund- other projects. The government has provided ing, either in cash or in kind, from all levels funding in my electorate for the Woolgoolga of government, the private sector and our senior citizens centre, $24,000 to upgrade strongly supported community groups. It has Willawarrin Hall, $97,000 for a community effectively transformed many regional art gallery in Gladstone, $235,000 for the economies through this very strong program. Glenreagh Mountain Railway, probably one I have enjoyed the privilege of seeing out- of the biggest voluntary community projects comes of such a program in my electorate. I happening on the North Coast, and $148,000 am a keen supporter of Regional Partner- for the Clarence coastal walks project. ships and Sustainable Regions. Earlier this The Labor Party and the member for New year, I had the pleasure of attending the England have criticised these sorts of pro- opening of the patient and carers lodge at the grams right around the country. They have Coffs Harbour Health Campus. The lodge criticised the keen advocacy that has been provides 16 low-cost, self-catering accom- provided by the then Deputy Prime Minister, modation units for outpatients attending ra- John Anderson, and Senator Sandy Mac- diotherapy treatment at Coffs Harbour Base donald and they have attempted to under- Hospital. The project was the vision of the mine the value and credibility of these pro- local Rotary Club, and the Commonwealth grams. The Labor Party’s commitment to its committed $269,000 under the Regional ‘hypocritic oath’ against Regional Partner- Partnerships program. The announcement of ships has served to highlight how out of the Regional Partnerships grant was vital to touch it is with regional Australia and re- the Rotary Club’s fundraising campaign. It gional communities. This has never been was by no means the only substantial grant, more evident than in the behaviour of the but it certainly gave the project the momen- Leader of the Opposition. Earlier this year, tum it needed. The Cancer Council commit- the Leader of the Opposition sucked in a ted $200,000 and Lions Clubs, both large deep breath and labelled Regional Partner- and small, provided a similar amount. The ships as ‘rotten to the core’ and ‘corrupt’. Coffs Harbour City Council provided land ‘It’s terrible stuff,’ he was quoted as saying. and other groups raised additional funds. The Yet, in a true flip-flop, for which the Leader North Coast CWA raised $28,000, the Quota of the Opposition and member for Brand is Club $27,000, the Pink Ladies $50,000 and a well known, he was keen to support the range of private donors contributed. The list Rockingham Marina Project at Mangles

CHAMBER 28 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Bridge in his own electorate, noting the eco- used parliamentary privilege to bag this pro- nomic development it would bring to the gram. He said: region. He claimed, on the one hand, that it … it seems to me that there may well be some was a terrible rort and, on the other hand, corrupt activity in relation to where some of these that it was going to bring valuable develop- funds have ended up and whether they have even ment to his own region. been found. The coalition did announce a grant of Given that the member for New England has $242,000 for the Rockingham Marina Pro- failed to produce any such evidence, ques- ject, which I thought the member for Brand tions must be asked about projects in his would have welcomed. Instead, he referred electorate. Was it corrupt that the Glen Innes to this program as ‘really terrible stuff’, ‘a Learning Centre got $309,000? Was it cor- rort’ and ‘disgraceful’. One must wonder rupt that the Tenterfield Multipurpose Centre how genuine the member for Brand and got $55,000? Was it corrupt that $8,900 was Leader of the Opposition is in his commen- allocated to the Bendemeer Preschool? And tary when he accepts funding for a project in was it corrupt that Regional Partnerships his own electorate but proclaims funding funding was used to upgrade the kitchen in provided to other projects as a rort. It is an- the Steinbrook Community Hall? For all the other example of the ‘hypocritic oath’. merits of these projects, it has not stopped But there are sometimes projects in seats the member for New England from using other than Brand which deserve support from parliamentary privilege to pursue his own the members opposite. One project which interests and knock this very valuable pro- comes to mind—and the member for Dobell gram. They are very good programs indeed. is here—is the Tumbi Creek project. At last We have seen the way the member for year’s election, the Labor Party candidate for New England has knocked a very keen advo- the seat of Dobell said: cate of this program, the member for Gwydir … Labor will fund the dredging of Tumbi Creek and former Deputy Prime Minister, John with a commitment of $1.3 million to continue Anderson, who is absolutely committed to the project. regional and rural Australia and Regional No sooner had Labor lost their fourth succes- Partnerships. We have seen the member for sive election than their solid push for the New England, in double harness with the Tumbi Creek project had gone and, all of a Australian Labor Party, trying to cast doubt sudden, it became an underhand conspiracy. on this program and trying to drag down the It had gone from being a $1.3 million com- value of the contribution by many commu- mitment from the Australian Labor Party to nity groups in providing much needed ser- being an underhand conspiracy. When the vices and programs in their communities. clock struck midnight on 9 October, Tumbi When people from his electorate travel to Creek became a sinister attempt to misuse Coffs Harbour to use the services at the ra- funds. The member for Dobell knows how diotherapy carers lodge, they will probably much his community supports the project get a pretty good impression of the value of and believes in the value of Regional Part- this program. They will probably appreciate nerships. the fact that they will be able to stay at a friendly place with good facilities whilst they And sitting on the fringes is the member are recovering from a very sinister disease. for New England. As a resident of regional Australia, the member for New England has

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 29

The example of the radiotherapy carers success with border security but we know it lodge displays beyond doubt the value of this has been a complete failure. Beyond any program, but the Labor Party’s constant snip- doubt, the control of this issue has been run- ing from the sidelines and constant criticism ning far in excess of anything that protects of Regional Partnerships displays their rank our borders. How do we know this? At last hypocrisy—the ‘hypocritic oath’. It was week’s estimates hearings, officials con- okay to spend money in Brand and it was firmed that sightings of illegal vessels aver- okay to spend money at Tumbi Creek up un- aged 22 per day and for the last financial til midnight on 9 October, but funding out- year totalled 8,108. side Brand is a rort and funding at Tumbi The Deputy Secretary of the Department Creek after midnight on 9 October is a con- of Agriculture, Fisheries and Forestry, Mr spiracy. It shows a very confused logic. It Daryl Quinlivan, admitted that in the first shows their form. It shows a total disregard seven months of this year only 227 vessels for regional and rural Australia and a total were apprehended and more than half of disregard for regional communities. these were released immediately after their Regional Partnerships and Sustainable fishing gear was confiscated. What sort of Regions are two of the flagship projects of protection is that for our north? What they this government, providing local communi- have also gone on to say is that this poses a ties with the ability to solve their own prob- risk not only to our fish stocks but also to our lems and filling in the gaps where services marine environment, our border security and would not otherwise be provided. I think the our biosecurity. The fact is that illegal fish- display by the Australian Labor Party is a ing—particularly in our northern waters—is disgrace. They have got form on neglecting out of control, and it is no wonder the gov- regional and rural Australia. The member for ernment do not want to debate that today. New England, by being associated with the Having said that, I welcome the opportu- Australian Labor Party on this issue, is also a nity to address the issue of the Regional disgrace. By running down the very valuable Partnerships program and the Sustainable Regional Partnerships program and by run- Regions Program. Labor are a proud sup- ning down the keen advocates of this pro- porter of regional economic development. gram he has displayed his true colours and Unlike the government, whose first act when his contempt for regional Australia. He has it came in was to declare that there was no displayed his desire to pursue a personal constitutional role for the Commonwealth in agenda rather than looking after the best in- regional development, Labor have always terests of his constituents. I certainly wel- held their commitment to the regions para- come this MPI as an opportunity to showcase mount. This is because we know that by em- the achievements under the Regional Solu- powering our regions and by ensuring that tions and Regional Partnerships programs. they can reach their potential not only do (Time expired) they benefit but the nation benefits. We sup- Mr CREAN (Hotham) (4.08 pm)—The port government programs to ensure the sus- government have dodged the opportunity tainable development of the regions. We today to debate another issue: the illegal fish- even support the programs that are called ing boats in our north. This was the proposi- Sustainable Regions and Regional Partner- tion put forward by the member for Ken- ships. What we do not support is the way in nedy. Little wonder they do that, because which they have been administered. The mo- they come into this place and trumpet their tion that we should be voting on today is the

CHAMBER 30 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 urgent need to ensure that the Sustainable I go to the member for Gwydir, for exam- Regions and Regional Partnerships programs ple, because, until a few months ago, he held genuinely benefit rural and regional Australia the second most important position in this by adopting the recommendations of the country—he was the Deputy Prime Minister. Senate regional funding inquiry. Members will recall, under the programs that That was an inquiry into the report that the we have just heard the member for Cowper member for Cowper was just applauding. applaud, the grant of $1.2 million to the Pri- Here is a member of parliament who has mary Energy ethanol project in Gwydir—a read none of the evidence that has come be- shelf company that has not produced a drop fore a parliamentary inquiry which has dem- of ethanol, either when the grant was made onstrated the way in which this program has or since. It was $1.2 million. As has been been rorted in a number of cases. Many of said before, we have heard that petrol is ex- these instances demonstrate that these pro- pensive, but has anyone heard of the price grams are not about partnerships; they are skyrocketing to $1.2 million and not one litre about special deals—and many of them do of ethanol produced? It is a disgrace and the not have a transparent, open approval proc- member for Cowper should hang his head. ess; they involve political fixes. Due to the efforts of the Senate regional I am surprised that the minister responsi- funding inquiry, we know that the Depart- ble for the partnerships program, the Minis- ment of Transport and Regional Services did ter for Transport and Regional Services, is not recommend this grant. We know that the not in the House to defend it today. He made grant occurred only when the then senior a speech at an area consultative committee a adviser of the member for Gwydir inter- few weeks ago for which I applauded him cepted the department’s brief and demanded because in it he recognised—no doubt be- it be withdrawn. Ultimately, it was approved cause he had some advance warning as to not by the guidelines that had been published what was going to come from that inquiry— but by a secret set of guidelines known as that there were deficiencies in the program SONAR—SONAR because they were under and they had to be corrected. Have we seen the radar. That was the only way this scheme anything from the minister to make that cor- got up: secret National Party business and rection? Not on your nelly. And there he was guidelines known only to members on the with the opportunity yesterday at the Local other side of the House—in particular, in the Government Association conference on the National Party. future of our regions where he could have Another issue in Gwydir was the provi- identified this. There is real concern out there sion of a child-care centre that received train- that there has not been transparency in these ing and accreditation funding under the Re- programs. The regions want access to them gional Partnerships program. One can argue but they want access to them on a fair basis. that that is a worthy cause. But why is it that They want to know, when the rules are it was the only child-care centre in the coun- spelled out, that there is not going to be fa- try that got funding under this program? vourable treatment given to programs What do members of the gallery think? Isn’t through special rules and through secret it fair enough to think that, if this program rules. And that of course is what has hap- can fund child-care training and accredita- pened. tion, it should be made available to the whole of the country? But, no; it was only available to the former Deputy Prime Minister’s elec-

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 31 torate. Then we had the circumstances in the built. I put to the member for Cowper: you last election of the announcement of a sus- tell us that this is a decent program! He can- tainable regions area—a new one, a special not even keep a straight face; he has a stupid area—that just so happened to cover part of grin on it. He is covered by guilt because of his electorate. Wasn’t that convenient? And what this program represents. the member for Cowper has the gall to come Also, under the Sustainable Regions Pro- into this House and say that it is a great program—this was a terrific one—there was gram! half a million dollars for an Atherton pub But people should not think that we are that specialised in bikini babes and ‘Wacky just having a go at the former Deputy Prime Wednesdays’. I ask you: is that a sensible Minister. I make the point that his area stinks spend of Regional Partnerships money? If to high heaven because he held that position. anyone doubts the extent to which this pro- But people should understand that it was not gram had an impact on the election, have a the only rorting that went on under this pro- look at the graph I have here. Mr Deputy gram. The senior minister responsible for the Speaker, I seek leave to table the graph. program spread the pork around, but he Leave granted. spread it around those areas that the coalition Mr CREAN—It shows the distribution of had to win. The member for New England funding of this program. It demonstrates that was the beneficiary of some of it because in June, July and August—the three months they wanted to get him out, not because they immediately before the election was called— backed him. There were a range of National the Regional Partnerships program doled out Party seats. more than $71 million in approvals. More The most egregious abuses of the Re- than half the entire distribution of that pro- gional Partnerships program have become gram was announced just before the election. bywords for rorting in this country. Think And you tell us it is transparent, you tell us it about it: $5 million to fund a steam train that is fair and you tell us it is designed for the ran out of steam—it went bankrupt; $1.3 whole of Australia, when some of these pro- million for a milk company that curdled—it grams are granted by secret guidelines that went bust just days after the grant was an- came out only because of a Senate inquiry. nounced; and $1.2 million for an ethanol- This is not the only program that has been producing company that has not produced a subject to rorting. Today we have evidence litre of ethanol. Also, we heard a couple of of another scandal—a scandal in the town of weeks ago of $50,000 for a town centre pro- Eden in the electorate of Eden-Monaro. This ject in Mount Newman that the bureaucracy was the town that, in 1999, needed a struc- would not have a bar of—that it argued tural adjustment package because of the clo- failed all of the tests and should be dropped sure of a tuna cannery. Fair enough—you off the list. But the Prime Minister visited need to create sustainable jobs. An industry this place during the election campaign. De- has gone out of existence and you want to spite all of the rejections by the department, encourage others. The difference here is: subject to the transparency required under why did this area get so much money? Be- the rules, the project was approved within 24 cause the member for Eden-Monaro, a Lib- hours in September. And do you know what? eral member, had just been returned in the The initiative still has not been built. Against 1998 election by 266 votes. He was hanging all the guidelines, it was announced during on by his fingernails. Therefore, there had to the election campaign but it has still not been

CHAMBER 32 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 be a means by which this electorate got spe- tainable development but we do not support cial treatment—and it did. It got something waste. We say that there is a role for the close to $4 million in grants for this adjust- Commonwealth in regional economic devel- ment package. However, we need to bear in opment. We say that functioning bodies such mind that the criteria for the package in- as the area consultative committees, estab- cluded that there had to be sustainable jobs. lished by us because we believe in regional There were three programs. Matilda’s development, should have a greater say in Bakery closed in June 2005 after 3½ years of what gets approved. We say that the guide- unsuccessful trading. It received $1 million lines and recommendations of the Senate to in funding and promised to create 46 new clean up this rotten program and make it a jobs. Last year the Australian Taxation Office genuine program should be adopted. We took action against the bakery for failing to support the programs themselves; we do not pay the GST and group tax, and the minutes support the way in which they have been of the creditors meeting show that the bakery administered. This House should be insisting did not own its part of the Commonwealth upon the government adopting the recom- funded building when it fell into financial mendations, cleaning up the rorts and mak- difficulty. This is scrutiny? This is transpar- ing the program transparent so that all re- ency? The Liberal member for Eden-Monaro gions can participate in the benefits of this has conceded that the bakery was a financial money and this country can make headway, risk and could not have obtained a bank loan. the regions can flourish and the nation can There is the Sea Horse Inn at Boydtown. In flourish. (Time expired) December 2000, it was granted half a million Mr ABBOTT (Warringah—Minister for dollars for refurbishments, and it promised Health and Ageing) (4.23 pm)—The Re- 43 new jobs. The inn was closed for refur- gional Partnerships program is a good pro- bishment and it has still not opened. Then gram. So far under this program some $190 there is the vessel, the Spirit of Eden, which million has been allocated to some 740 pro- was awarded $200,000 in June 2000 for jects. All of the projects have been consid- which it promised three local jobs. The ves- ered by the local area consultative commit- sel is no longer in Eden; it is at Airlie Beach. tees and, while the area consultative commit- So funded under this program we have a tees are not perfect, they are a good way of bakery with no proof, an inn with no tenants ensuring genuine local support for these pro- and a boat that has slipped its mooring and jects. As the member for Hotham has pointed ended up in Airlie Beach, and not one job out, there has been a handful of disappoint- from any of those programs remains standing projects, but that does not invalidate an ing. This is a disgrace, and it has happened essentially excellent program that has cer- consistently under the watch of this govern- tainly helped to boost the prospects of re- ment. Why? Because they are not interested gional Australia. in genuine regional development. They are We have had from members opposite, and interested in feathering the nests of their indeed from members on the crossbench, a members’ seats that are in trouble, disbursing series of allegations that this program has the pork and treating the Australian people as been rorted. But they have gone beyond that mugs. to lead to a claim from the member for New The fact is that we do need sustainable England that an offence of an even more se- development in the regions. We support sus- rious nature has been committed—that is, as part of the circumstances of the granting of a

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 33

Regional Partnerships program in his elec- I would like to point out that Mr Maguire is a torate he was offered a corrupt inducement to very well-regarded businessman in Tamworth. leave politics. That is what I wish to turn to That is a very serious allegation made by the now. I refer to a statement by the member for member for New England against the then New England in this House. He made this Deputy Prime Minister of this country. Peo- statement late last year in an adjournment ple are perfectly entitled to make claims, but debate. He placed on record, as he told the they should not make claims without strong House, an account of a meeting that he evidence. They certainly cannot make claims claimed took place on 19 May 2004 at 10.30 of that nature without evidence and claim to am in the office of Tamworth businessman keep their own reputation and their own Mr Greg Maguire. These are the words of the honour. member for New England: Mr Katter—They don’t come in here ly- Mr Maguire made a number of points regarding either. ing the previous night’s meeting ... Mr Anderson The DEPUTY SPEAKER—Order! The asked Mr Maguire to meet with me and give me some messages, which Mr Maguire was then do- member for Kennedy will withdraw that ing; Mr Anderson said that if I tried to get any comment. credit for the funding of the Australian Equine Mr Katter—I withdraw the comment. and Livestock Centre the funding would not take Mr ABBOTT—The evidence— place ... So there was an accusation of a rort. Ms Gillard—Mr Deputy Speaker, further on that point of order, the only natural con- Ms Gillard—Mr Deputy Speaker, I raise struction of the words that the Leader of the a point of order. I refer you to page 500 of House has just spoken is that he is alleging House of Representatives Practice, which that the member for New England made a says that if you wish to ‘reflect upon the false claim. That is a matter that should be character or conduct of a member’ you need dealt with by way of a substantive motion. to do that by way of a substantive motion He is accusing the member of an act of dis- and that, in speaking to that motion— honesty and of misleading the House. That The DEPUTY SPEAKER (Hon. AM must be dealt with by way of a substantive Somlyay)—Order! I am listening carefully motion. to what the minister is saying, and the minis- The DEPUTY SPEAKER—I am listen- ter has not reflected on the member for New ing carefully to what the minister is saying, England. and he is in order. Mr ABBOTT—I am simply quoting the Mr ABBOTT—The claims that the mem- words of the member for New England in ber for New England made were submitted this parliament. He went on to say: to the Australian Federal Police. Mr Anderson and Senator Macdonald asked Mr Mr Price—Mr Deputy Speaker, when you Maguire what it would take to get me to not stand are considering whether this MPI is being for re-election and indicated that there could be another career for me outside politics, such as a used as a device to traduce the reputation of diplomatic post or a trade appointment, if I did the honourable member for New England— not stand for the seat of New England. The DEPUTY SPEAKER—What’s your Mr Maguire, in the opinion of the member point? for New England, is such an outstanding per- Mr Price—Can I point out that in the son that he told the House: grievance debate a similar attempt was made

CHAMBER 34 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 on the very same matter. The same points of Here we have very serious claims made in order were taken—that is, it is perfectly rea- this place by the member for New England, sonable for the government to move a sub- for which he was not able to bring strong stantive motion, and we will then have a evidence. He was not even able to convince proper debate. But this is an MPI about rural Labor and Democrat members of a Senate and regional Australia— committee. Independent members of this The DEPUTY SPEAKER—The member parliament like to suggest that they are not for Chifley will resume his seat. There is no contaminated by partisanship. They like to point of order. I am listening carefully, and suggest that they are in some way above the the minister has not reflected on the member ordinary run of politics. But what we have for New England. seen in the conduct of the member for New England in this matter is a slipping of that Mr ABBOTT—I simply point out that mask. I put it to you, Mr Deputy Speaker, when the Australian Federal Police consid- that Independent members, on the basis of ered this matter they concluded: this conduct, are no different and no better— ... none of the versions of the conversations re- perhaps in some ways worse—than the rest lated by any of the witnesses can amount to an of us, because they do not have the sorts of “offer to give or confer” a benefit. Further there is no evidence in this material of Mr Maguire hav- responsibilities to a team that the rest of us ing conspired with any other person to make an have in this place. offer to Mr Windsor. I am perfectly prepared to concede that This matter was also considered by the Sen- perhaps on this matter the member for New ate committee. The majority senators—that England had a rush of blood to the head— is, the Australian Labor Party and Democrat that is, claims by the member for New Eng- senators, who had no vested interest in pro- land were an aberration or a lapse. Even de- tecting the then Deputy Prime Minister— cent human beings can sometimes do dis- concluded: honourable things. But let me say that it is a … the evidence— very dishonourable thing to make a most scurrilous claim against someone and not be that is, the evidence of Mr Windsor— able to back it up with hard evidence. I do is confused in a number of respects. not expect the member for New England to The Democrat and the ALP senators on that necessarily like the member for Gwydir, the committee went on to say: former Deputy Prime Minister; I just expect Without compelling and incontrovertible evi- him to treat him with fairness. He has fun- dence— damentally failed to do that in this matter. He evidence that the member for Windsor did has made a claim against the member for not have— Gwydir, the most scurrilous claim that it is possible to make against an honourable man, a committee of the Senate cannot make an adverse finding against a senator— and he has been incapable of backing it up with any serious evidence. or for that matter, the then Deputy Prime Minister— If the member for New England wishes to maintain his reputation as an honourable who has denied the allegations made against him. In the case of the alleged inducement, the evi- man, there is only one thing that he can do. dence is not sufficient for this Committee to de- He should apologise to the member for part from that principle. Gwydir and he should withdraw the accusation that he made against him, for which he

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 35 was unable to bring any substantial evidence. How do you raise an issue like that? But the He could not even convince Democrat and National Party then goes and raises it itself. ALP members of the Senate. I certainly do Just weeks after an extensive Senate inquiry not want to stamp my feet in this place and exposed just what a National Party rort these go on with the kind of confected indignation programs are, the member for Cowper comes that we see so often. I simply want to say in here and makes an extraordinary proposi- that in this respect the member for New Eng- tion demanding that the House support more land has been far from his best self. He has of the same. It is the first time that I have been far from the kind of upright human be- ever noticed the member for Cowper’s chin, ing that I am sure he would wish to be and but he is leading with it. that I am sure his constituents would wish People should not just take my word for him to be as their local member of parlia- the idea that the National Party is rorting ment. I say to the member for New England: these programs. They should have a look at a stop the giggling, stop the interjecting, seri- report in the Australian as recently as ously reflect on what you have done—the Wednesday, 12 October, which reports the injustice you have caused—to the former Liberal Party meeting of the day before, Deputy Prime Minister of this country. If you when the member for Canning, Mr Randall, had the decency that you would like to think claimed, ‘Liberal MPs were not as successful you have, you would apologise and you as the Nationals in gaining access to regional would withdraw. grants.’ The Prime Minister could have re- Mr KELVIN THOMSON (Wills) (4.34 jected that. He could have said, ‘That’s a pm)—For the benefit of the Leader of the nonsense; that’s a crock.’ He could have re- House and for others listening to this debate, jected it, but instead he said he would ar- it is worth pointing out that the Senate in- range talks on the issue with officials from quiry made no adverse finding about the his department. claims made by the member for New Eng- I have written to the Prime Minister about land. It said it was not in a position to make a this matter requesting that an invitation to conclusive finding, and it is worth noting any such briefing be also extended to opposi- that the member for Gwydir—the then Dep- tion and Independent MPs because we would uty Prime Minister—and Senator Sandy also like to get in on the action. It is not good Macdonald both declined the invitation from enough for the Prime Minister to say, ‘Oh the Senate to appear before the inquiry, to be dear, the National Party is rorting these re- cross-examined by senators, unlike the gional programs; I must organise a briefing member for New England, who appeared for my Liberal MPs.’ I have received no re- before the inquiry, gave evidence under oath ply from the Prime Minister to my letter of and subjected himself to cross-examination. I nearly a month ago, asking, ‘Has this brief- think people are entitled to draw appropriate ing happened? Why weren’t we invited? inferences from that set of facts. Why weren’t the Independents invited?’ Some days you just get lucky. On a day Does this not mean that the Prime Minister that is dominated by arrests in relation to himself is party to this program being rorted terrorism and industrial relations issues, you for political advantage? That is what is going ask: how do you raise a public accountability on here: ‘If the program is being rorted by issue? In particular, how do you get to raise the National Party, let’s have a little depart- the rorting by the National Party of the pub- mental briefing and make sure that the Lib- lic purse for its own political advantage? erals can get in on the act as well.’ It is not

CHAMBER 36 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 good enough. If the program is not to be year, despite the fact that the opposition about rorts, if it is to be above party political raised this issue in detail in the parliament at matters, then Labor Party members and In- the end of last year. For example, in August dependent members ought to receive the it was revealed that a property owned by the same briefing that the Liberal Party members current National Party president, David Rus- are receiving. sell, received $157,000 of taxpayers’ money, Just one week ago it was revealed that the thanks to former parliamentary secretary De- Prime Minister had been involved again in Anne Kelly. I got into trouble calling her rorting the Regional Partnerships program Calamity De-Anne in this place previously; during the 2004 election campaign. He an- we might just stick with some initials like nounced a $50,000 Regional Partnerships CDA. You might know where we are coming grant to the Western Australian mining town from when we refer to CDA. The Minister of Newman on 17 September last year, just for Veterans’ Affairs, as parliamentary secre- 24 hours after the Department of Transport tary— and Regional Services had written back to Ms Gambaro—On a point of order, Mr the applicant identifying no fewer than seven Deputy Speaker: there are House protocols areas in which the application was defective. that require that members refer to members There was an incomplete application form, a by their electorates. I ask you to bring the lack of detailed costings and double counting member to order. of an in-kind contribution from BHP. The The DEPUTY SPEAKER (Mr Jen- department also said, ‘We can’t make a deci- kins)—The honourable member for Wills sion on this application due to the operation will refer to members by their titles. of the caretaker convention during the fed- Mr KELVIN THOMSON—The Jimbour eral election campaign.’ Yet the Prime Minis- property is a 4,451-hectare grazing and ter, the very next day, 17 September, an- grape-growing property featuring a late 19th nounced the $50,000 grant to the Newman century homestead. It has been owned by the project. When we asked him about this last Russell family since the 1920s, and the grant week, the Prime Minister said, ‘No, there’s of $157,000 to David Russell’s property was no problem.’ He said: awarded despite the fact that the project had It was an election commitment. It was during an not received the necessary approval from the election. Queensland Heritage Council. The amphi- He went on to say: theatre was already under construction when The reality is that governments take decisions and the exemption permit submitted to the Heri- they must be judged by those decisions. They tage Council was rejected. Despite the lack cannot hide behind public servants. I have not of development approval, the construction of sought to do so. the amphitheatre continued regardless on his That gives the game away. The Regional property, and the council has conceded that, Partnerships and Sustainable Regions pro- if approval from the Heritage Council is not grams are rorts. Forget about an independent forthcoming, that structure, paid for by tax- process of assessment. Forget about merit. payers, will need to be demolished. Don’t worry about that—it is all about politi- The Minister for Veterans’ Affairs—she cal advantage. It is all about the election. who cannot be mentioned—is so out of touch The misuse of Regional Partnerships for or incompetent that she has again sacrificed political advantage has been going on this prudent public administration. How could

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 37 the Department of Transport and Regional matters that need to be investigated by the Services grant that money without ensuring Auditor-General: all those departures from that the necessary approvals had been ob- the guidelines, projects approved against tained, and what did it tell the minister, departmental advice or without it, projects CDA, once it had found out about the blun- approved against local area consultative der? Just as disturbing is the fact that the committee advice, projects involving a sig- minister approved this grant despite her de- nificant waste of taxpayers’ money, projects partment being in receipt of an agreement approved under those secret SONA guide- between the local councils and the Russell lines and projects going well beyond areas of Pastoral Company that awards exclusive departmental and area consultative commit- rights to the Russell family to profit from tee competence. It is time for the Auditor- liquor sales at any event held on Jimbour General to give this program a thorough in- station. The government wanted us to believe vestigation. (Time expired) that this was a community based not-for- Mr WINDSOR (New England) (4.44 profit endeavour and said absolutely nothing pm)—I am pleased to be able to speak on about the exclusive liquor licensing ar- this matter of public importance today. I rangements. They were not mentioned at all. have absolutely no doubt that this is a guilt When you think of the National Party, you trip that the National Party has embarked on. think of the smell of the bad old days of the I know that there are many, including the Bjelke-Petersen era, and this grant calls that former minister, who do regret their activities to mind again. Earlier this year we revealed in relation to this program. This is an attempt the situation concerning Minister Kelly’s to reinvent history. I think what we are also staff member, the aptly named Mr Ken seeing today is the real reason that the for- Crooke, who was an adviser to former mer Deputy Prime Minister resigned his po- Queensland Premier Joh Bjelke-Petersen and sition from cabinet. It is an attempt to rein- a former secretary of the National Party in vent history. Queensland. Minister Kelly managed to ap- There has been an abuse of process in re- prove a $1.2 million grant to a company, A2 lation to the Regional Partnerships program. Milk, after Mr Crooke had been lobbying on That is unfortunate, because when it was first behalf of that company at the same time as promulgated it was a good program. But he had been employed by Minister Kelly as a there has been an abuse of process in relation staff member. This was clearly a breach of to the area consultative committees, the way the Prime Minister’s code of conduct. In- in which the SONA program was put into deed, the Prime Minister even admitted in place and the way in which various ministers December last year that she had not pro- and parliamentary secretaries interfered—the vided, as was required by the code, a state- way in which they prodded at the department ment from Mr Crooke concerning his con- and some departmental people interfered. flict of interest. If people really want to get to the truth of For as long as Minister Kelly remains on these issues—and there are a number of is- the Howard front bench, this minister is a sues here—they should sit down and read the standing rebuke to the code of conduct and a inquiry documents and about the way in reminder to us all that this Prime Minister which the department turned turtle when it has abandoned all standards of ministerial was told that the evidence would be under probity. It does not matter what you do as a oath. The Leader of the House came in here minister—you are untouchable. These are

CHAMBER 38 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 just a moment ago. The Leader of the House I think it is time you rolled over and went and knows more than he has let on today. He talked to the Liberal Party or the National Party; should let the House know a little bit about I think if you were to go and approach the Libs his trips to Hamilton Island and a few other or the Nationals I reckon you could write your things that have occurred in relation to some own deal. of the main players in this particular issue. I reckon you could probably get a ministry, Ms Gambaro—Mr Deputy Speaker, I rise you could probably do whatever you wanted to, even an overseas posting; on a point of order. The member is making allegations. There are other forms of debate over the years, there have been deals done in in the House where you can make those alle- politics … gations. I call him back to order. You cannot This is a couple of days after he had met make an allegation against a member. with the Deputy Prime Minister and spent many hours with him and Senator Sandy Ms Gillard—On the point of order, Mr Macdonald. John Anderson, the member for Deputy Speaker: during the contribution by Gwydir, admitted in this place, after he had the leader of government business nothing first refused to admit, that he did discuss my came from his mouth except allegations political career with Greg Maguire and that against the member for New England. He of the National Party candidate. Mr Maguire was ruled in order by the Deputy Speaker. It said: must therefore be in order for the member for New England to respond. If your tactics ... over the years, there have been deals done in backfire, that is too bad. politics that probably, you know, there would be jobs for the boys or whatever ... go and talk to The DEPUTY SPEAKER (Mr Jen- Anderson kins)—Order! I will now be listening very I did speak to John Anderson, in this very carefully to the member for New England. I place—in fact, I sat where the member for know that he is aware of his responsibilities. Kennedy is sitting now, as the member for Mr WINDSOR—There have been Gwydir came past me one day. I said, ‘John, breaches of process here. There has been a I believe you’d like to speak to me; sit politicisation of the process of Regional down.’ And he said, ‘You would mean my Partnerships. There is absolutely no doubt conversation with Greg Maguire?’ I did not about that. As I said, if people really want to mention Greg Maguire, but the member for get to the truth of this they should have a Gwydir did. look at the work that was done by the Senate Those are some of the excerpts from Greg inquiry. To get to one of the prime witnesses Maguire’s evidence, this businessman that that the Leader of the House referred to on a the Leader of the House and the National number of occasions, businessman Greg Party have attached their faith to. He has Maguire, I would like to report on what Mr admitted that a meeting took place where he Maguire had to say in his own evidence. I do did approach me. The only thing that he has give Mr Maguire some credit. He did tell me not said is that Senator Sandy Macdonald and Stephen Hall that he would lie to save and Mr Anderson asked him to make the ap- the Deputy Prime Minister. He was honest proach. As the member for Kennedy said a enough to say that. But in his evidence, talk- moment ago, when it is one person’s word ing about Mr Windsor, the member for New against another it is going to be very difficult England, on the meeting of 19 May, which for the Australian Federal Police, who were did occur, he said: investigating a breach of the Electoral Act,

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 39 and the Senate inquiry, to make a determina- oath when being interviewed by the Senate tion. In fact, the Senate is bound not to find a committee. Mr Maguire made certain allega- verdict if there is not incontrovertible evi- tions that he had undertaken various things— dence. And there cannot be incontrovertible he had made donations, he had done this and evidence if the witnesses—in this case, the done that. He said to the Senate inquiry that member for Gwydir and Senator Mac- he would provide evidence to substantiate donald—fail to appear. The fact that they those matters. He has not done so. He has failed to appear, in my mind, and in the elec- been referred to the Australian Electoral torate’s mind, suggests that they were afraid Commission for further investigation. of the truth. I think that has been reinforced Mr Maguire is a man who has a lot of his- today. tory. If people took the time to look at vari- I have absolutely no doubt that the people ous records and analyse the phone records, in the New England electorate who know the and a whole range of other records that are history of Mr Maguire, who know the history available on the players in this particular of this matter, believe that I am telling the game, they would see that this man has very truth. The fact is that Mr Anderson and Sena- little credibility. He has misrepresented him- tor Macdonald, other than in a private capac- self under oath. He told a Senate inquiry un- ity—I know they have reported privately to der oath—a very serious matter—that he people, who have reported back to me—have would deliver certain evidence and he failed been afraid to come out and make a state- to do that. I think the Senate committee ment. To bring the poor old member for wrote to him on four occasions asking that Cowper out today, and then the Leader of the he provide that evidence. House, to defend this issue says to me that This is the individual that the Leader of there is great concern within the National the House and the National Party have put Party about the way in which this was politi- their faith in. Their own people—the mem- cised, the way the process was abused. The ber for Gwydir and National Party Senator Senate inquiry has reinforced some of those Sandy Macdonald—have not bothered to issues in terms of the behaviour of Senator appear because they knew about the clause in Sandy Macdonald in relation to some of relation to Senate inquiries that says that if these issues. there is no incontrovertible evidence to sug- Why did I name the names? That has been gest that they should take something forward asked on a number of occasions. The Prime then they cannot. That is a different matter Minister asked me to. And on the first avail- from what the inquiry believes happened. In able occasion that came along in this place, I fact, if the Leader of the House and the did. I responded to the Prime Minister, who members of the National Party read some of said, ‘If Mr Windsor has names, he should the transcript of the inquiry, particularly name them.’ And I did. That has been the some of the speeches, they will see that that part of the process that has annoyed these is quite a different matter. Senator Mac- people tremendously. donald and Mr Anderson failed to appear The witness Mr Maguire appeared before before that inquiry because they knew they the Senate inquiry under oath. The Senate did not have to. inquiry has recommended that the Australian That says to me that those two people Electoral Commission carry out a further were very concerned that, if they appeared inquiry into the breaches that he made under before any inquiry, under interrogation they

CHAMBER 40 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 would have to misrepresent themselves to that is how it has ended up. I appeal to the bear out the evidence that was given by Mr Leader of the House to act in a more favour- Maguire. But the government has come in able and more sensible manner. here today—and the member for Kennedy All right, you people over here on the has pointed it out quite well—and attached government side of the chamber have raised great faith to this witness. (Time expired) this issue so I will wax right into it. I deeply Mr KATTER (Kennedy) (4.54 pm)—I regretted that I was not given the privilege of have seen some incredibly stupid things in getting the publicity that should have come this place and in my 32 years in politics—but from my presentation to the Senate inquiry to re-raise the issue of rural partnerships! I on the issue of regional partnerships. If the enjoyed marvellously the opposition Deputy Prime Minister had not resigned at spokesman when he cited many cases. He midday that day I would have had the in- left out the example, in my electorate, of the credible pleasure of having my submissions potato ‘donation’—I will use that word— splashed all over the national media. But he which destroyed and collapsed our local po- pre-empted me. tato farmers cooperative. He forgot to men- I do not want to speak about that today. I tion the money that went to the wild game will just say this: I put up, on the board, four park that was subsequently closed down. It electorates that were neighbouring each was always going to be closed down by the other. There was a difference of 75 per cent, I state government—much to their shame. It think, between those electorates. I then read was an excellent project but the state gov- out what the leader of the then opposition, Dr ernment was always determined to close it Hewson, and the then deputy leader, Mr down, and it did. He forgot those two exam- Costello, said about Ros Kelly. The differ- ples and there are probably others that I ence, in her case, was 80 per cent—they could remind you of. were almost identical—so I just read out They raised this issue again! I do not what they said about Ros Kelly. I then said: come into this place, as the honourable ‘This is unfair because these are very differ- Leader of the House does, to bucket people. ent electorates. Let’s get six electorates that This is a person who remained enormously are identical to each other in size.’ I just unrepentant when his own leader, the Prime picked these electorates and I put them up on Minister of Australia, said that the two years the board. I said, ‘I think you will agree that jailing of Pauline Hanson was excessive. He those six electorates are the only ones of remained unrepentant even though he and, equal size that we can compare. One was the according to the Australian newspaper, Sena- electorate of New England, I think. Three of tor Boswell were responsible for the events them were National Party seats or National that led to her jailing. Mr Brogden, from the Party target seats and three were ALP or op- state parliament of New South Wales, tried to position seats, including the electorate of commit suicide, and this bloke made a cal- Calare. And there was a 900 per cent differ- lous remark about it. In my experience of ence. politics, if you use that level of brutality you If they said that about Ros Kelly, what will find that if you play by the sword you would you say about a minister who had will die by the sword. I warn the Leader of been responsible for 10 times the difference? the House, who is proceeding down that During questioning at the inquiry the Liberal path: ‘Good luck to you, son. We’ll see how senator said: ‘Why are you making these it ends up.’ In every case that I have seen,

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 41 terrible statements about the member for lia.’ My MPI was sidelined and this piece of Gwydir? He has resigned and he’s sick.’ I absolutely foolish, counterproductive rubbish said: ‘I didn’t make any statements about was put in its place. Mind you, this debate him. There is not one single statement that I has damaged the government badly, and made about the member for Gwydir. All I some very serious questions have again been quoted were the statements made by the then raised by the member for New England. If opposition spokesman on Treasury, Mr you keep pushing the stick up the hole, the Costello, and your leader, Dr Hewson.’ black snake will come out. Those were their statements about Ros Kelly. Why did we not debate it? I will tell you I didn’t make any statements, but, as I had why we did not debate it. The Canberra expected, he could have been forgiven for Times had the headline, ‘Pirates reap $1.5 b mistakenly assuming that I had. in illegal fishing’. Senator Ian Macdonald He then said, ‘But the coalition got the was skiting about having caught 104 to 108 same amount of money as the ALP, overall.’ vessels. When there are 8,000 out there, I didn’t say, ‘You fool,’ but I was thinking sighted but not caught, I would hardly think that. I said, ‘Yes, because the Liberal Party it is very good to be skiting about the 200 got shafted as much as the ALP.’ I thought, that you have caught. They talk about getting ‘You very stupid fellow.’ It is pure coinci- tough on the high seas, but it is not about dence that the member for Gwydir knew the getting tough at all. On the 60 Minutes pro- figures I had. I do not think he is entirely to gram I have just referred to we saw some blame for this. I think he just let his depart- bullets being fired at the boats speeding ment get out of control and that his extreme away. We waved them goodbye, saying, ‘I hatred for me and the other member carried hope you make a lot of money out of your him away. Some $9 million was adminis- shark fins!’ Another headline reads, ‘Rabies tered in the Kennedy electorate before the risk from illegal fishing boats’. There is just election and a similar amount was adminis- page after page of it. No wonder they did not tered in the electorate of New England. want to debate it—no wonder they did not I asked to have debated today an MPI want to come in here today and debate it. about important matters of state—that is, If we were serious—and I am no great border security in this country. This is the admirer of the Leader of the Opposition, but first time that the government has refused to he talks about a coastguard—we would have grant an MPI. Does anyone in this House a coastguard. There is no doubt that a coast- realise that, as 60 Minutes on the weekend guard approach needs to be adopted. That is showed for all of Australia to see, over 8,000 what has to be done. foreign vessels have been sighted. That is The DEPUTY SPEAKER (Mr Jen- what the MPI was to have been about. The kins)—Order! I would remind the honour- number of vessels sighted is only a very able member for Kennedy of his need to re- small proportion of the number of vessels late any proposal about a coastguard to the that are there. Do we or don’t we occupy our Sustainable Regions and Regional Partner- landmass and our waters? To assail this ships programs so that he is relevant. number of vessels and police the entire Mr KATTER—I am sorry, Mr Deputy coastline of Australia we have a few more Speaker. The MPI is granted to non- than a dozen frigates and patrol boats. As one government members, and it was seized off fisherman said, and quite rightly so, ‘It’s the them today because the subject of national equivalent of 50 police cars policing Austra-

CHAMBER 42 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 importance that I was to raise would have INTELLIGENCE SERVICES damaged the government. I did not bring it LEGISLATION AMENDMENT forward to damage the government; I BILL 2005 brought it forward to try and prod them into Assent doing the right thing, so I will continue. In Message from the Governor-General re- actual fact, as far as my MPI was concerned, ported informing the House of assent to the we were to debate the failure of the federal bill. government to assert sovereignty, continu- ously abrogated by the increased intrusion MIGRATION LITIGATION REFORM into Australian waters, estuaries and beaches BILL 2005 of foreign vessels, and to note the danger Returned from the Senate such intrusions pose to fish stocks, the in- Message received from the Senate return- creased likelihood by such intrusions— ing the bill without amendment or request. Ms Gambaro—Mr Deputy Speaker, I rise LAW AND JUSTICE LEGISLATION on a point of order. I ask that you direct the AMENDMENT (VIDEO LINK member for Kennedy to speak on the MPI, EVIDENCE AND OTHER MEASURES) which is what we are here for. It goes to: BILL 2005 The urgent need to support the Sustainable Consideration of Senate Message Regions and Regional Partnerships programmes for the benefit of rural and regional Australia. Bill returned from the Senate with amendments. The DEPUTY SPEAKER—The honourable member for Kennedy, I iterate that you Ordered that the amendments be consid- have to remain relevant to the present matter ered at the next sitting. of public importance. COMMITTEES Mr KATTER—You are trying to gag me Selection Committee now. I continue—the increased likelihood by Report such intrusions of the introduction of dan- Mr CAUSLEY (Page) (5.06 pm)—I pre- gerous diseases and the increased opportuni- sent the report of the Selection Committee ties such intrusions provide for people in- relating to the consideration of committee volved in people-smuggling, drug trafficking and delegation reports and private members’ and terrorism. business on Monday, 28 November 2005. The DEPUTY SPEAKER—If the hon- The report will be printed in today’s Hansard ourable member for Kennedy is going to and the items accorded priority for debate continue in that manner, I will deny him his will be published in the Notice Paper for the last 15 seconds and he will resume his seat. next sitting. Mr KATTER—We are passing horren- The report read as follows— dous laws about terrorism but we are not Report relating to the consideration of com- prepared to do anything about terrorists— mittee and delegation reports and private The DEPUTY SPEAKER—The honour- Members’ business on Monday, 28 November able member will resume his seat. The dis- 2005 cussion is now concluded. Pursuant to standing order 222, the Selection Committee has determined the order of precedence and times to be allotted for consideration of committee and delegation reports and private

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 43

Members’ business on Monday, 28 November 4 JOINT COMMITTEE OF PUBLIC AC- 2005. The order of precedence and the allotments COUNTS AND AUDIT of time determined by the Committee are as fol- Report 405: Annual Report 2004-2005. lows: The Committee determined that statements on the COMMITTEE AND DELEGATION RE- report may be made—all statements to conclude PORTS by 1:10 p.m. Presentation and statements Speech time limits— 1 AUSTRALIAN PARLIAMENTARY Each Member—5 minutes. DELEGATION TO THE COMMON- [Minimum number of proposed Members speak- WEALTH PARLIAMENTARY CON- ing = 2 x 5 mins] FERENCE, FIJI, SEPTEMBER 2005 5 PARLIAMENTARY JOINT COMMIT- Report of an Australian Parliamentary Delegation to the Commonwealth Parliamentary Conference, TEE ON THE AUSTRALIAN CRIME COMMISSION Fiji, September 2005. Review of the Australian Crime Commission Act The Committee determined that statements on the 2002. report may be made—all statements to conclude by 12:35 p.m. The Committee determined that statements on the report may be made—all statements to conclude Speech time limits— by 1:15 p.m. Each Member—5 minutes. Speech time limits— [Minimum number of proposed Members speak- Each Member—5 minutes. ing = 1 x 5 mins] [Minimum number of proposed Members speak- 2 STANDING COMMITTEE ON AGRI- ing = 1 x 5 mins] CULTURE, FISHERIES AND FOR- ESTRY PRIVATE MEMBERS’ BUSINESS Taking Control—A national approach to pest Order of precedence animals. Notices The Committee determined that statements on the 1 Mr Baird: to move: report may be made—all statements to conclude That this House: by 12:50 p.m. (1) notes with concern the: Speech time limits— (a) ongoing human rights abuses in Zim- Each Member—5 minutes. babwe; [Minimum number of proposed Members speak- (b) lack of accountable government and the ing = 3 x 5 mins] failure to hold free and fair elections; 3 STANDING COMMITTEE ON PROCE- (c) ongoing suppression of opposition po- DURE litical parties and human rights activists; A history of the Procedure Committee on its 20th and Anniversary. (d) implementation of Operation Muram- The Committee determined that statements on the batsvina (Clean Out the Trash) which report may be made—all statements to conclude has led to the internal displacement and by 1:00 p.m. famine; and Speech time limits— (2) calls on the Zimbabwean Government to: Each Member—5 minutes. (a) uphold the rule of law; [Minimum number of proposed Members speak- (b) ensure that its citizens human rights are ing = 2 x 5 mins] respected;

CHAMBER 44 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

(c) establish conditions and provide the First Opposition Member speaking—5 minutes. means for citizens who have been inter- Other Members—5 minutes each. nally displaced under Operation Mu- rambatsvina to return voluntarily and [Minimum number of proposed Members speaking = 4 x 5 mins] with dignity to their homes or places of residence or to resettle voluntarily in The Committee determined that consideration of another part of the country; and this matter should continue on a future day. (d) respect the rights of victims of Opera- 3 Mr Bowen: to move: tion Murambatsvina, including access to That this House: justice and appropriate reparations, in- (1) notes that petrol prices in Australia remain at cluding restitution, rehabilitation and historically high levels, with the average compensation. price of petrol in Sydney at $1.19 a litre with Time allotted—remaining private Members’ busi- prices in rural and regional areas being even ness time prior to 1.45 p.m. higher; Speech time limits— (2) particularly recognises the implications of Mover of motion—5 minutes. exorbitant fuel prices for small businesses and family budgets; and First Opposition Member speaking—5 minutes. (3) calls on the Government to direct the Austra- Other Members—5 minutes each. lian Competition and Consumer Commission [Minimum number of proposed Members speak- to formally monitor prices under Part VIIA ing = 6 x 5 mins] of the Trade Practices Act 1974. The Committee determined that consideration of Time allotted—remaining private Members’ busi- this matter should continue on a future day. ness time. Orders of the day Speech time limits— 1 Trade Practices Amendment (Collective Mover of motion—5 minutes. Bargaining for Small Business) Bill 2005 First Government Member speaking—5 minutes. (Mr Fitzgibbon): Motion for second reading. Other Members—5 minutes each. Time allotted—10 minutes. [Minimum number of proposed Members speak- Speech time limits— ing = 6 x 5 mins] First Member speaking—5 minutes each. The Committee determined that consideration of Other Members—5 minutes each. this matter should continue on a future day. [Minimum number of proposed Members speak- WORKPLACE RELATIONS ing = 2 x 5 mins] AMENDMENT (WORK CHOICES) The Committee determined that consideration of BILL 2005 this matter should continue on a future day. Second Reading Notices—continued Debate resumed from 7 November, on 2 Mr Tuckey: to move—That the Government take an international lead in the development motion by Mr Andrews: of hydrogen created from Australia’s renew- That this bill be now read a second time. able tidal wind and solar resources to replace upon which Mr Stephen Smith moved by costly hydrocarbon consumption in commer- way of amendment: cial and private transport. That all words after “That” be omitted with a Time allotted—20 minutes. view to substituting the following words: “the Speech time limits— House declines to give the bill a second reading, Mover of motion—5 minutes. because the House condemns the Government:

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 45

(a) for failing to allow the House of Representa- (l) for undermining family life by proposing to tives and the Australian people proper scru- give employers the power to change employ- tiny of the bill prior to the debate in the ees’ work hours without reasonable notice; House; (m) for destroying rights achieved through the (b) for spending over $55 million dollars of tax- hard work of generations of Australian work- payers’ money advertising Liberal Party pol- ers; icy proposals before the WorkChoices legis- (n) for undermining the principles of fairness lation has entered the Parliament; that underpinned the Australian industrial re- (c) for misleading the Australian people in those lations system for the past hundred years; advertisements by making unsubstantiated (o) for gutting the Australian Industrial Relations assertions about the benefits of these changes Commission and eliminating the role of an and misrepresenting the extent to which em- independent umpire to ensure fair wages and ployees will lose their rights under the conditions and resolve disputes; WorkChoices legislation; (p) for developing proposals that will deliber- (d) for creating an industrial relations system ately distort the workplace bargaining rela- that is extreme, unfair and divisive; tionship in favour of employers and against (e) for failing to put working families first in employees; developing its plans to dramatically change (q) for denying Australian employees the capac- Australia’s industrial relations laws; ity to bargain collectively with their em- (f) specifically, for failing to commission and ployer for decent wages and conditions; publish a Family Impact Statement as prom- (r) for denying individuals the right to reject ised during the election for all family related individual contracts which cut pay and con- legislation; ditions and undermine collective bargaining (g) for failing to provide a guarantee that no and union representation; individual Australian employee will be worse (s) for allowing individual contracts to under- off under the extreme industrial relations mine the rights of Australian workers under changes; collective agreements and Awards, for in- (h) for attacking the living standards of Austra- stance by eliminating penalty rates, shift lian employees and their families by remov- loadings, overtime and holiday pay and other ing the ‘no disadvantage test’ from collective Award conditions; and individual agreements; (t) for removing from almost 4 million employ- (i) by allowing employees to be forced onto ees any protection from unfair dismissal; unfair Australian Workplace Agreements as a (u) for refusing to consult with State Govern- condition of employment; ments in developing a unitary industrial rela- (j) for abolishing annual wage increases made tions system resulting in an inadequate and by the Australian Industrial Relations Com- incomplete national system; mission for workers under Awards with the (v) for launching an unprovoked attack on re- objective of reducing the Minimum Wage in sponsible trade unions and asserting that real terms, and by removing the requirement those unions have no role in the economic that fairness be taken into account in the cal- and social future of Australia; culation of the Minimum Wage; (w) for proposing to jail union representatives or (k) for delaying the next National Wage Case by fine them up to $33,000 if they negotiate to a period of six months, so that at least 1.7 include health and safety, training and other million workers under Awards will not re- clauses in agreements; ceive a wage increase for a period of 18 (x) for ignoring the concerns of the Australian months or longer; community and Churches of the adverse im-

CHAMBER 46 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

pact these changes will have on Australian others. It is just a silly misrepresentation of employees and their families; the matter, and I think this letter was proba- (y) for failing to guarantee that wages will be bly not written by the church leader who ad- sustained or increased in real terms under dressed it to me. It read very much like these changes; and something that some trade unionist had writ- (z) for seeking to justify these measures by as- ten on their behalf. serting that slashing wages will somehow But there have been misrepresentations to make Australia more competitive, more productive, and increase employment”. pensioners. The opposition are crying croco- dile tears about the pulping of some paper; I Mr TUCKEY (O’Connor) (5.07 pm)— would like to know how much Common- While speaking yesterday in this debate on wealth government paper, along with postage the Workplace Relations Amendment (Work stamps and envelopes, has been used to write Choices) Bill 2005, I was at great pains to misleading letters to the pensioners of Aus- give the Labor opposition some evidence as tralia saying, ‘When this comes in your pen- to why the issues that they think will be of sion will be reduced.’ In fact, it cannot be such great political importance to them are reduced. It will never be less than it is today, probably not going to be so. It is on their and its next adjustment will be either by a heads if they continue this campaign, and percentage of MTAWE or relevant to the particularly their misrepresentations of the consumer price index. It will go up. Why issue over time will be found to be meaning- write to elderly people and make them con- less. When the GST was implemented people cerned? said, ‘What was all the fuss about?’ People get on with their lives and look to a govern- In the minutes I have left, I want to make ment or opposition to have good policy that a few recollections. As I reminded the House will maintain the economy, keep interest the other day, I made my maiden speech on rates down, look after their children’s health industrial relations. Those from the union et cetera. They are the issues. But people can movement might be interested to read it, be- be frightened. I received a letter the other cause I suggested 25 years ago—with Bob day from a church group saying, ‘We as em- Hawke sitting on the front bench listening, I ployers are going to be prohibited from cer- might add—that we could look to the Swed- tain actions with respect to our employees.’ ish system where you have powerful em- Of course, these prohibited matters are pro- ployer groups and powerful unions that do hibitions on duress. not fight but work things out. I do not necessarily believe in that today, but I did 25 years Mr Burke—No! ago. Another remark I made then was that Mr TUCKEY—I thought I heard somewhat was really necessary was a bit of trans- one say no. If that member can find anything fusion surgery to take some bone out of the in this legislation that prohibits an employer heads of trade union members and put it into from giving a process worker $10,000 a the spines of employers, because I held them week, I would like to read it. There is no equally guilty for the state of affairs that ex- prohibition on an employer making generous isted in Australia in 1981. arrangements, but on the other hand there is My family owned its own house and a a prohibition on registered organisations and motor car while my father, who was a motor others seeking to include as conditions of mechanic, was on six quid a week. We were employment that certain matters be ad- a middle-class family and we did not want dressed—for instance, unfair dismissal and

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 47 for much. We did not bother about overseas again. Other countries are going to give us trips and things like that, but we did not want huge competition. We have seen a massive for much. My mother was a heavy smoker. export of jobs to China and other parts of The reality was that six quid a week was Asia. That is not smart if we can be competi- enough. Now if you earn $1,000 a week you tive. (Time expired) are probably battling. We have gone through Mr BRENDAN O’CONNOR (Gorton) this myth that things would be fine as long as (5.14 pm)—I would like to spend some of wages kept increasing and were not matched my time rebutting the member for by productivity. Of course, during the time of O’Connor’s contribution, but I will not spend the Wehrmacht republic, inflation took them too long because in doing so I would be to the point where they needed a wheelbar- deeming myself irrelevant to this debate. The row to carry their money to buy a loaf of one thing the member for O’Connor failed to bread. So money is not the issue; it is pur- do today and indeed last night was to actu- chasing power. We refer to real wages, I ally refer to the Workplace Relations think unwisely. I think it is the buying power Amendment (Work Choices) Bill 2005 that is of wages that people are interested in. In before the members in this chamber. There fact, by keeping productivity and wages were a number of things he did say, though, matched, we have prosperity. That is the tar- which caused me to smile. He made com- get. ment that he supported the Scandinavian I wrote back to this church group and said, model— ‘What about Friday?’ If you have a genuine Mr Tuckey—25 years ago. religious belief, such as do the Muslims in Mr BRENDAN O’CONNOR—in his our community, you have to give them the first contribution. Twenty-five years ago— same opportunity as you would the Chris- that is an interesting confession. I am not tians. The Seventh-Day Adventists, of sure whether the then Leader of the Opposi- course, sit in the middle, but they get time- tion, and obviously Prime Minister some and-a-half. These are not issues for Australia years later— today. Those who have strong Christian be- liefs will take Sunday off. But there are a hell Mr Tuckey—Do you know who he was? of a lot of people in Australia who want Mr BRENDAN O’CONNOR—the Rt someone to give them service on Sunday, be Hon. Bob Hawke, agreed with those senti- it in a restaurant or elsewhere. ments. But one thing we do know is what the In Western Australia—this is a situation Hawke government believed in relation to very close to this legislation—we had all the industrial relations, the way in which you protest marches and everything and, when it treat people in this country and the causal was all over, people said, ‘What’s the prob- link between a decent industrial relations lem?’ A bulldozer driver up in the Pilbara system and productivity. It believed that you signs an AWA and gets an extra $20,000 a work together to reach outcomes. You do not year and access to staff superannuation. divide this nation in the way in which the There was just no question about it, but we Prime Minister seeks to do with the introduc- are past the point where we can afford inflation of this bill. Therefore, I am disappointed tion as the result of industrial action that is that the member for O’Connor has decided to not necessarily productivity driven. If we no longer agree that there should be some think we have the only natural gas and the collaboration or cooperation between em- only coal in the world, we should think ployers and employees at the workplace

CHAMBER 48 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 level, because to pit employee against em- I return to the bill specifically, which is ployee is exactly what the Prime Minister is something no member on the other side of seeking to do with the introduction of this this chamber seems to have done so far in bill. This bill seeks to force honourable em- this debate. The introduction of section 89 of ployers to consider putting pressure on their the bill will effectively remove the current own employees, as one company after an- section 89A, allowable matters. The differ- other will be adversely affected and pres- ence between the allowable matters in the sured into reducing conditions of employ- current act and section 89 in the proposed act ment. is fundamental. There are five minimum en- What I would like to do this afternoon, titlements: basic rates of pay, maximum or- which might distinguish me from the mem- dinary hours of work, annual leave, personal ber for O’Connor, is to actually make some leave and parental leave. Those five and comment on the bill that has been intro- those five only will determine the— duced, because there will be some significant euphemistically called—Australian Fair Pay changes to the Workplace Relations Act 1996 Commission’s standard. Currently, in the if this bill is enacted. There are some signifi- 1996 act, we have 20 allowable matters. cant changes and they will have adverse im- Firstly, we have classification of employees pact upon most working people. There is no and skill based career paths—that will be doubt whatsoever in my mind about that. I gone. That means the efforts to ensure that am from the union movement—and I make wage rates are commensurate with skills in no apology about that; I want to make a workplaces across this country will disap- number of comments about that too—but pear. As a result of this legislation, there will that does not mean that all I did before com- be no requirement for employees, employers ing to this place was represent employees, and indeed their agents to negotiate out- although it is a proud part of my working life comes based on skills. to have done so. I too, like other members in There will also be a removal of ordinary this place, have worked in factories. I have time hours of work, which means the spread worked on assembly lines, I have worked in of hours in industrial instruments will be hospitals cleaning toilets and I have filled up removed. I heard the member for O’Connor cars at petrol stations. I have taken on many talk about Sunday. The Labor Party is not jobs in my life—many of them while I was against people working on Sunday necessar- studying at university—and I have rubbed ily—of course people have to work on every shoulders with ordinary workers, as most day of the week in certain circumstances, people on this side of the chamber have. because society demands it. But what we do Therefore, they understand the consequences expect is that, if people are working extraor- of this bill in a way that is real. I was most dinary hours or they are working at times concerned last night to hear the member for when they would far prefer to be with their Wentworth talk in abstract terms about the families, they receive some reward for that. need to free the market so that we can be That is what we say. We do not proscribe the productive and ensure employment growth. I capacity for employees to work on Sundays; have to say I never got the impression when what we say is that there should be an ac- listening to the member for Wentworth that knowledgment that they work on those days he had any idea what will happen to ordinary and that they receive some remuneration as a working people and their families as a result result of the sacrifice they make which many of the introduction of this legislation. other employees might not make. But that

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 49 will be gone as a result of removing the al- I also understand—and, again, I am not lowable matters. sure every member of the government does Further to that, other matters will be taken understand—that the no disadvantage test is out of the act: long service leave and annual by no means perfect, because it does not leave loadings. Public holidays will be gone necessarily protect current entitlements. But from forming the minima—forming what is it is a much greater guarantee for employees currently the no disadvantage test. They will in this country than the substandard defini- be gone. I am glad the member for O’Connor tion that is being incorporated into this bill in can stay and listen to this. Allowances will clause 89A. This will be a major problem be out of that standard and loadings for when employees are seeking to negotiate. working overtime and for casual or shift Let us assume for a moment there is some work will be expressly removed, as will pen- capacity to negotiate with your employer. alty rates, redundancy pay, notice of termina- The fact remains that the employer has all tion, stand-down provisions, dispute settle- the cards in his or her hand and the employee ment procedures, jury service and superan- does not. nuation. Those matters may be, and in some I refer to another provision which I be- instances are, protected by Commonwealth lieve will be a fundamental hurdle for ordi- or state acts, but the fact is that the majority nary working people in this country in trying of those provisions are not protected and will to negotiate their conditions. I know there be removed upon the enactment of this bill. has been some misinformation or at least They will be removed from the minimum some ambiguity about the way in which this standard that most Australians and their bill has been read, but when an Australian families have come to understand to be their workplace agreement is introduced—that is, working, living wage. That is the fundamen- the individual contracts that the government tal problem with this bill. is pushing down workers’ throats; unsuccess- Moving on from that, in the same clause fully, I might add, and that is why only four the no disadvantage test is being removed. I per cent of the entire work force have ac- think it is important to explain the test be- cepted them in almost 10 years—the em- cause I have not heard anyone on the other ployer will be given an exemption from a side of the chamber actually refer to the no form of duress because there is a provision in disadvantage test; nor have I heard any the bill that will expressly allow the em- member of the government explain what it ployer to require, as a condition of employ- effectively means. Either they know what it ment, a prospective employee to sign an means and they do not care or they have not AWA. That is unarguable; it is expressed in properly considered the bill. Let me explain, the bill. for those who do not know or do not care, What the Prime Minister says is that that that removing the no disadvantage test will does not affect current employees. Firstly, effectively allow an employer to change the last week in the matter of public importance conditions of employment of an employee, I made comment on why I think that is not or a set of employees, where they will be the case. What will happen is that once a grossly disadvantaged, because the only person comes into a workplace with funda- benchmark that they will have to compare mentally inferior conditions of employment those prospective conditions of employment than his or her colleagues then they are going with are those five minimum standards that to be under enormous pressure to change have replaced the 20 allowable matters. their conditions of employment to that lower

CHAMBER 50 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 benchmark. Indeed, there will be a rippling fect after the nominal expiry date of the cur- effect through industry because, then, an- rent certified agreement. However, proposed other company that is competing against the section 100A(2) says: first company will have to consider doing the A collective agreement has no effect in relation to same—and that is even if they are decent an employee while an AWA operates in relation to employers. I said during my time as a union the employee. official and I have always said in this place As far as I can see, that provision would that I believe that most employers are hon- mean that an AWA can prevail. The govern- ourable and want to do the right thing—they ment then says that you cannot force people have competing pressures but they want to to sign that actual agreement; you cannot do the right thing—but this bill, if enacted, force people to sign the AWA. But, unfortu- will force honourable employers to act dis- nately, there will be too many instances honourably to ensure their company contin- where employers will attempt to break that ues operating effectively and competitively. collective agreement by ensuring that em- Further to that there is another concern I ployees sign that AWA. That is a concern I have about the way in which AWAs will be have, and that is why this bill has to be read introduced which cannot occur today. An in its totality. AWA, for example, cannot be imposed upon Further to that, whilst it is true to say, at an existing employee while a certified least on the face of the bill, that an employee agreement is in place. Until the nominal ex- can say, ‘No, I have a current arrangement; I piry date of a certified agreement, they can- do not wish to enter into an AWA as an exist- not be offered AWAs. Whilst that agree- ing employee and I want to wait until the ment—it might be three years; it can now be nominal expiry date of the collective agree- up to five—is covering those employees in ment,’ the problem is that many employees that workplace, once that agreement is done, will be frightened because another provision signed, sealed and delivered, stability is sup- in this bill, in the case of all of those em- posed to exist in the workplace. You go ployees in workplaces with fewer than 100 through the argy-bargy of negotiating—it employees, gives no recourse if they are un- could be employees with their employer; it fairly dismissed. could include unions—and, once you reach Never mind that there are some provisions an agreement, you are supposed to settle the that allow for a claim against an unlawful place down and get on with the fundamental dismissal, no advice will be provided to an core business of that operation. The problem employer to give the reasons why it is with this bill is that on Monday they could unlawful to sack somebody. They will say: reach agreement on a certified agreement ‘If you want to flick somebody, just don’t that covers the entire work force in that use those three reasons; use all the other workplace but then on Tuesday the employer ones. Once you do that, there will be no ca- could offer an AWA to any employee in that pacity for people to seek recourse before the workplace and that AWA, pursuant to pro- commission.’ So, whilst it is true to say that posed section 100A of this bill, will prevail an employee need not sign an AWA whilst over the existing enterprise agreement. they are subject to a certified agreement It is interesting how discriminatory the which has not nominally expired, the fact government is with respect to the two types remains that the right of defending oneself of industrial instrument. If a later certified when unfairly sacked will be removed for agreement is negotiated, it can only take ef-

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 51 more than four million workers in this coun- been no relative productivity gain in New try and, therefore, they will feel that they Zealand when compared to the Australian have no capacity to stand up to their em- economy. ployer and say, ‘I don’t want to do that; I do Under Hawke and Keating we had a pro- not want to take an individual agreement ductive, collaborative approach to industrial ahead of a collective agreement that cur- relations which led to productivity growth— rently binds you, the employer, and me to a and that productivity growth has continued, set of conditions of employment.’ although there has been some slump—but When read in its totality, this bill is about our sister country, a country close to us, frightening Australian working people into chose a different path, the lower road, which making decisions they wish they did not led to far worse productivity gains than we have to make. We know that the employers have had here. So there is no economic ar- know that and we know that the government gument for turning on our work force, our knows that. I am aware of some employers Australian working families—the greatest who do not support that approach, but I em- asset this country has in economic terms— phasise again that, once a critical mass of and removing their current conditions of em- employers go down that route and start using ployment, their entitlements and therefore the pernicious provisions of this bill, it is the way they live their lives. There is no ar- going to force honourable employers to do gument that, by doing that, we will be a more the same. It is for that reason and many oth- prosperous country. We will not be a more ers that I and, indeed, the Labor Party cannot prosperous country. We will be a divided support this bill. country. I refer to some of the apparent reasons for Mr LINDSAY (Herbert) (5.34 pm)— which the government have introduced this Writing in the Courier-Mail at the weekend, bill. They have run economic arguments to Chris Griffiths said: advance their cause, but many economic Labor people believe Australians cherish the commentators have refuted the assertions fair go and will be alienated by laws that put indi- made by the government about the economic vidualism and self-interest ahead of collectivism. boom that will result from the introduction of Equally, government’s strategists are con- this bill. Economics editor of the Age, Tim vinced that Australians have moved beyond 1970s Colebatch, who is neither an enemy nor nec- style us-and-them politics and have become what essarily a friend of Labor, or indeed of the Howard calls enterprise workers—people who government, made it very clear in his own want the flexibility to get ahead and find rewards analysis in today’s edition when he said: for hard work. Since 1990, the OECD estimates, productivity Clearly, one of these views is wrong ... has grown only half as much in New Zealand as In the Financial Review on 3 November, Ken here. Phillips wrote: Why did he conclude that? His comparison is The industrial relations system never empowered that, with some minor exceptions, the gov- workers. It empowered unions to engage in war ernment’s efforts to bring about decollectivi- with employers, allegedly on behalf of workers. sation or the removal of the right to collec- And have no doubt, Work Choices is a huge legal tively bargain in the workplace are similar to and cultural shift. the draconian laws that were introduced in I guess that is what we are debating. We have New Zealand. He says effectively there has heard a lot of debate run along the lines of scare or whatever, but we have not really

CHAMBER 52 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 debated the philosophy of all of this and the to exploit workers. There is a fundamental future direction of this country and its work- reason for that and this is what the Labor ers. The thing the Australian Labor Party Party does not seem to understand. The best refuses to accept or recognise is this: the asset you have in a business is your staff. most important right a worker has is the Why would you seek to unfairly dismiss chance of a job in the first place. The Austra- somebody when you need every good lian Labor Party, in this parliament, is oppos- worker you can get? And why would the ing the workers’ right to have a job. laws of this country force you to keep a per- When I was elected in March 1996, the son in your employment when that person unemployment rate in my electorate was does not deserve to be kept in that employ- 11.9 per cent. It came down to 5.8 per cent ment? last year and in June of this year it was 5.3 Yes, there are always the bad apples—but per cent. The government’s policies are they are on both sides. No amount of laws clearly working. We want to do even better this parliament can make can protect any- than that, and we can do better than that. In body against the bad apples. The fundamen- the last nine years I have spoken 25 times in tal thing is that in the economy we have to- this parliament supporting the government’s day employers are bending over backwards position on freeing up the workplace and to find people to work for them, not to sack arguing that Australia can in fact do better. people. We need that to continue and that is On 26 June 1996 I said: why we are having a fundamental change in Ever since the Labor Party instituted the unfair industrial relations through these new IR dismissal laws I wanted to become a member of laws. parliament. I have wanted to stand in this place The government, to our very great credit and I have wanted to do whatever I could do to and with the Labor Party opposing us, intro- vote those laws down because, after 25 years of duced landmark changes to Australian taxa- running a small business, I understand exactly what damage that has done to the business com- tion law. We legislated a new taxation system munity in this country. I understand exactly what for the country and nobody could deny it has it has done to jobs. I understand how the commu- been an outstanding success. It was fought nity now employs people on a casual basis and tooth and nail by the Labor Party but it has gives them no security in their jobs. now been widely recognised as being of I said that in 1996. So for me today is a his- great benefit to the country. Now we are leg- toric day. I am going to make my last speech islating a completely new industrial relations supporting the government’s landmark in- system for the country. It will go the same dustrial relations reforms because these re- way: in a year’s time people will say, ‘What forms will become the law of Australia, and was that that flew across the horizon?’ But they do so with my strong support. The the Australian Labor Party simply oppose for country will change and it will change for opposing sake, and I think the electorate will the better, as it has over the last nine years. understand that. I have seen many examples of why unfair In relation to unfair dismissals, I know of dismissal laws are bad for this country be- a charitable body that were having difficulty cause I have been an employer for a long controlling an employee. That employee time. I have employed many hundreds of went to the AGM of the charitable body with people. I have never been the sort of person his relatives, trying to stack the meeting to who would use the laws improperly or seek overturn the management of the place, and it

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 53 caused that employee to have stress and the why the government’s workplace relations employee went on stress leave. Seven reforms are designed to unleash a new burst months later that employee was still on stress of productivity growth in Australia. leave. The charitable body could have given While those who rely on fear and an- the fellow notice after three months, but they tibusiness prejudice are often quick out of persisted. They wanted him to come back to the blocks in a debate like this, economic the job. But after seven months it was just reality has a way of catching up with them. too long to wait, so they made the employee What has been so far largely overlooked in redundant. Do you know what he did? He this debate on unfair dismissal laws is that responded by claiming $6,000 for unfair economic reality offers not a threatening dismissal. How unfair is that? He did it to a message but a comforting one. Economic charitable body. So the charitable body said: reality says that employers need hardwork- ‘We’re not paying $6,000 in this circum- ing, honest staff to operate their businesses. stance. This is wrong.’ So the advocate for The most valuable asset of any business is the employee said, ‘Well, we’ll take you to a good staff. five-day hearing and it’s going to cost you In Australia today, we live as never before $10,000.’ He had a gun at the employer’s in a workers market. The biggest challenge head. The charitable body paid $4,000 to that firms have is attracting and retaining settle the claim because there was no alterna- good workers, not, ‘How do you deviously tive. That is what is unfair. sack them?’ Small businesses, in particular, Reliable employment is a foundation of a lack the commercial power to simply sack successful society. Nothing is more impor- hardworking employees for no good reason. tant to individual peace of mind, to family If we as a society are serious about getting security, to vibrant local communities and to more Australians into work, driving unem- national prosperity. The best—indeed, the ployment down further and creating better only—guarantor of a good, reliable job is a jobs in the future, we must face up to the fact buoyant labour market. And the best— that our unfair dismissal laws are not work- indeed, the only—guarantor of a buoyant ing. Australia’s economic strength depends labour market is a strong, growing and pro- on a culture of enterprise and calculated risk- ductive economy with laws that encourage taking in business. firms to hire people, rather than discourage We are keen to give more Australians a them. Any industrial relations system is only chance at a job and to drive down our unem- as good as the contribution it makes to Aus- ployment rate even further. We are deter- tralia’s economic strength. All the regula- mined to put economic reality back at the tions in the world will not save anybody’s centre of workplace regulation, where it job or push up wages if the economy is weak should have been all the time. What is the or if firms are uncompetitive. Australian Labor Party’s policy? What do We must take the next steps to generate they stand for? Is it back to the past, the jobs and wealth that will support future eco- 1970s, or indeed to 1904? I was interested to nomic security of working Australians, and read the following in The Latham Diaries: that means overhauling laws that are holding Friday, 25th February back business growth and employment. Un- fair dismissal laws cannot magically preserve ... Beazley has melted down ... he’s a windbag— he just talks too much and gets off-message. good jobs. High productivity is by far and away the best protection for jobs, which is

CHAMBER 54 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

... He is weak—he agrees with everyone and The DEPUTY SPEAKER—Order! I avoids conflict like the plague ... He has no inter- asked the honourable member to be relevant est in our policy structure and framework. He has to the bill. I did not ask him to take issue done nothing to repair the problems of our policy with the chair. I again ask the honourable culture. member to be relevant to the bill; otherwise, … … … I will ask him to sit down and call another Wednesday, 10th May member. ... Beazley ... spends too much, and he caves in to Mr LINDSAY—I will move on. There the unions. are some very significant protections in the That is interesting in terms of this debate. Workplace Relations Amendment (Work The diary continues: Choices) Bill 2005. If we want genuine bar- Tuesday, 19th June gaining, genuine choice and the freeing up of ... The public have worked out that Kim stands employers to get on with what works best in for nothing and he uses slogans to cover up his their workplaces, then we need protections policy vacuum. against the five per cent of bad apples. For I am reminded here of the slogan ‘extreme example, coercion will remain unlawful; ex- industrial relations laws’. It goes on: isting employees cannot be forced into agreements they do not want; and dismissal Monday, 11th September for discriminatory reasons in any size busi- ... our focus group polling shows that people see ness will remain unlawful and some financial Beazley as a ‘gatekeeper’—nice guy but, like the assistance from government will be available bloke in the white coat at the cricket, he only opens and closes the gate for other people, never to assess the merit of a case. Further, a safety has a dig himself. net of five minimum conditions must be in each agreement, an AWA or collective agree- … … … ment—this is protected by law and cannot be Sunday, 11th November traded away; people can have a bargaining After six years of Beazley’s small-target strategy, agent with them for negotiations; young we face an identity crisis. The True Believers people under 18 must have a guardian’s ap- don’t know what we stand for and the swinging proval for any AWA; the OWS inspectorate voters have stopped trying to find out. will be increased from 90 to 200; education The DEPUTY SPEAKER (Hon. DGH of employees and employers regarding bar- Adams)—Order! I remind the honourable gaining; a better right of entry regime to pro- member that this is an industrial relations tect employees; building and construction bill. Although it is a wide-ranging debate, I industry reforms—long overdue; independ- ask him to be relevant to the bill. ent contractors will not be deemed employ- Mr LINDSAY—Mr Deputy Speaker, it is ees; secret ballots for strikes to protect work- relevant to the bill in that I began these ers from intimidation; and a ‘removal’ provi- quotes by observing that the Australian La- sion in awards that prohibit or limit part-time bor Party has no policy. I will give one more or school based apprenticeships. These pro- explanation of that, and then I will move on. tections are very important. The diary reads: In relation to secret ballots for strikes, I Thursday, 22nd November am reminded of a very large investment that ... Beazley’s last report as Leader. a Korean company made in my electorate of over half a billion dollars. A thousand workers on the site went on strike for four weeks.

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 55

It was nothing to do with the company; it Stop trying to take things away from the workers was a turf war between the CFMEU and the of this country just so the filthy capitalists can get AWU. They were struggling for control of even richer. the site—four weeks. If secret ballots had That is really wrong. This workplace rela- been the law of the country at that time, that tions bill, when it goes through the parlia- strike would have ended after the first couple ment, will be a landmark change to what this of days. country has worked under for the last nearly The employees, the workers, did not want 90 years. I look forward to seeing increased to be on strike. But because there was thug- employment and increased security and pros- gery, intimidation and calls in the middle of perity for families, and I will take very great the night, allegedly from union bosses, the credit in the years ahead when I see Australia workers were afraid to break the picket line. continuing to power ahead in this global vil- It is such a shame that they lost so much in lage. that four weeks because of a union turf war. Ms OWENS (Parramatta) (5.54 pm)— With the passage of this legislation, that can The member for Herbert got one thing right: never, ever happen again. the Workplace Relations Amendment (Work There have been some uninformed public Choices) Bill 2005 does represent profound comments—uninformed because certain sec- change. And I rise to oppose it, as every fair- tions of the union movement particularly minded person on either side of this House have been putting about misinformation. must. This bill will drain the life out of the That is unfortunate. I will give the parlia- average Australian family. It is a profound ment some examples of emails from people change that removes, rips away, from our in my electorate. Here is one claim: workplaces a large range of assumptions about the way that workplaces operate— Your legislation will allow an employer, at an interview, to state to an applicant that the job will assumptions about fairness, about a fair day’s carry only two weeks leave, no meal breaks, no pay for a fair day’s work, about workers overtime, no sick pay, a 10-hour shift and the sharing in prosperity, about the right to join salary will be— together with workmates and bargain collec- something less than is currently in the award. tively and about there being ultimately an It continues: independent umpire. The bill rips all that away and will replace it with untrammelled The hopeful will have to take it or leave it— especially if he/she is on the dole. power for the employer and some extraordinary punishments for anybody who dares to All of that is wrong, but it is the kind of mis- even try to negotiate with their employer information floating around. You get people outside of the narrow conditions set down in who say: it. ‘Increased productivity’ usually means produce For many workers this bill will strip away more but pay your staff less. This is exactly what will happen if you allow the employers to force conditions that we take for granted in this employees ... to trade off holidays, meal breaks country. It will strip away the safety net of and overtime payments for supposedly ‘increased awards and conditions that workers have wages’. relied on not just for fairness but for security. Again, that is wrong. You also get people Overtime rates, penalty rates, skills loadings, who say: long service leave, regular shifts, notice of change of shift—nearly everything that workers think they know about their work

CHAMBER 56 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 conditions—are under threat in this bill. Be- tell me that if they are negotiating with their cause we did not have warning, because it staff it is easier to do that collectively: one was not raised before the election, it is quite voice speaking for the employees, not many, fair and expected that families would take all and a solid process that is clear and under- those conditions into account in the eco- stood by all. They can do that now under nomic decisions they make—their decision current legislation. They do not need this to rent a place to live or to take out a mort- proposed extreme law to make that possible. gage. The basic decisions that Australian There are employers who will keep doing families have made have been based on the just that. There are also many employers and reasonable assumption that the conditions we employees who negotiate, one on one, well have now will continue to be at least at that above the award to make common law con- level in the future. tracts—around one-third of the work force This proposed change is massive. It is ex- does that. They can do that now and many treme. It gives our most vulnerable workers will probably keep doing that, at least as long one single choice when negotiating with em- as there is not a downturn in the economy ployers over pay and conditions: take what- and at least as long as their competitors do ever wages and conditions the boss offers or not start driving wage rates down. do not take the job; take it or leave it. Forget The only thing they cannot do now is ne- the government’s propaganda about being gotiate conditions down to below the award. able to choose to bargain collectively. Maybe Everything else can be done. That is what you will be able to do that, but only if your this bill is all about: driving wages down. If employer decides that is a good thing. Under an employer is not negotiating, if they are this bill, an employer is able to make the telling, if they are laying down an ultimatum signing of an AWA ‘as offered’ a condition of such as, ‘This is the deal; sign it or no job,’ employment. The action of an employer say- then of course they do not want a union in- ing, ‘Sign this or no job,’ has been explicitly volved. Divide and conquer is a much better removed from the definition of duress. ‘Take option. You want to employ one on one and this or take off’ is allowable. We all know sack one on one. It is for the benefit of these that AWAs have been an obsession of the employers that this bill is drafted. It is the Prime Minister since he introduced them in people who work for these employers, who 1996, and for at least a decade before that. It are already vulnerable because of a lack of must stick in his craw that only three to four skills, who will be punished by this bill. Un- per cent of workers are currently on them— til now, under the current system, employees the great AWA, supposedly bringing with it had some protection. Even if they were ne- greater flexibility and greater productivity! gotiating a loan, whatever was offered had to Who wanted them? Not businesses and not meet a no disadvantage test. That is, if the workers—in fact, pretty much nobody. In employer wanted to change the conditions of spite of the Prime Minister’s fixation, his a worker for the worse, they could not do infatuation, with AWAs, workers and em- that. They had to make sure that the no dis- ployers have not rushed to sign up—far from advantage test remained. it. Unfair dismissal laws prevented a boss There are many good bosses out there. from arbitrarily sacking an employee nine Probably most try to be. Although some do years and nine or 11 months before they not have the skills, most try. Few want con- were due for long service entitlements—just flict in their workplaces. Many businesses a few months before. And behind the scenes,

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 57 the union movement regularly worked to John Howard has been saying that this improve the minimum wage and conditions only applies to new employees. He has a on a broader scale. Employers who sought to rather naive theory—a theory that only a exploit their work force had quite a few bar- man who has been out of the work force for riers to overcome. This bill will change the far too long would come up with. He be- industrial landscape to their advantage in the lieves that when Billy comes along to apply most appalling way. For a start, it removes for a job—even though the job perhaps al- the no disadvantage test. An employer can ready existed before on award conditions, now offer a worker, on a take it or leave it and even though Billy may have got that job basis, an agreement that reduces a worker’s if those award conditions still applied—he is pay and conditions. It only has to meet one somehow better off if he is forced to take the test: the regulated minimum conditions—that job on worse conditions. Remember, if Billy is, a minimum wage; maximum ordinary is unemployed, he has to take the job, what- hours of 38 hours per week, averaged over ever the conditions, or Centrelink will breach 12 months; unpaid parental leave, including him. Billy’s choice is not take it or leave it; it maternity leave; and 10 days sick leave. That is take it or lose your Centrelink benefits. It is it; that is the minimum. is take it or take it! Forget John Howard’s outrageous manipu- If you think that this bill will start to force lation of the truth, when he said that condi- wages down, consider how rapidly that will tions like overtime, penalty rates et cetera are happen with Centrelink on the side of the protected. They are only protected as a de- employer. If you thought that an employee— fault. They remain as they are if, and only if, an unskilled person seeking work—and an your employer forgets to put a sentence in employer were already out of balance in the AWA. Let us hope that your employer is terms of their bargaining position, just add a bit absent minded. A single sentence can the weight of Centrelink to the employer and remove all the allowances, penalties and see what you have. Then we will have a loadings for no additional compensation. A situation where the employer will think: ‘I single sentence can put in jeopardy the plans have all the current staff on award wages, but you have made, the mortgage you have, the I can pay new ones much less.’ So Billy’s place you rent and your family’s plans. acceptance of the job, under threat of Centre- That is an incentive for an employer to link, drives down the wages and conditions move to AWAs. I imagine that we will see of others in the workplace. It can do that as the most exploitative of employers move the boss now has the right to fire people at first, and there are some out there, in spite of will, because it wants to—not for discrimina- some of the rhetoric from the other side that tion reasons or for refusing to sign an AWA! sees all negotiations between employers and However, according to the bill, an employee employees as a bed of roses. We will see the can require the signing of an AWA as a con- most exploitative of employers moving first, dition of employment. Go figure—sort that all joining John Howard as new devotees to contradiction out! AWAs. I have met many employers who are We will undoubtedly see sackings so that as appalled as I am by this legislation. They, new people can be employed more cheaply. too, worry that, if their competitors go down Companies that employ fewer than 100 peo- the low wage road, they might have no ple will now be exempt from unfair dismissal choice but to follow. laws. Whatever job security workers thought they had will be gone. An employee of good

CHAMBER 58 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 standing and longevity or an employee of to ask for union training to be covered in short duration—any employee—can be fired their AWAs, and there is a $33,000 fine for at will without reason and replaced by a asking to include OH&S measures in an cheaper version. And employees of compa- AWA. There are also penalties for asking that nies with more than 100 employees are not a union be involved in dispute procedures spared. They can now be sacked for opera- and for asking for a commitment to collec- tional reasons. An employee is able to be tive bargaining. So $33,000 for the union and fired at any time for reasons of an economic, $6,600 for the worker. technological, structural or similar nature Then, for some poor public servant work- relating to the employer’s undertaking, estab- ing at the Office of the Employment Advo- lishment, service or business. That is about cate who divulges the content of an AWA, as broad as it can get. It can mean any- there is six months in jail and six months jail thing—and no doubt it will. for anybody they tell. If you are sitting on a Workers will not automatically get redun- train and some exhausted person sits down dancy, in spite of the answer of Prime Minis- beside you and says, ‘I saw a shocker of an ter John Howard in question time yesterday. AWA toda y,’ you had better get out of there That is a word from the current system, not quick smart because you are in big danger. the new one. It can be signed away without This information is so dangerous if repeated compensation at the stroke of a pen, along to even one person that it warrants six with other conditions. It is another condition months jail. We have even seen the right to on its way out under John Howard’s reforms, remain silent taken from unionists in recent along with so many other things that not only bills, with jail penalties imposed for offences do we take for granted but fund our mort- such as refusing to answer a question or to gages and feed our families: overtime, penal- hand over documents. ties and allowances. Yet we are moving through a period in This bill is all about driving wages and Australia’s history with an all-time low inci- conditions down. Flexibility is all one way— dence of strikes. We have incredible indus- flexibility for employers to remove penalty trial harmony and record productivity and rates and overtime, pay less than award pay growth—all delivered within the current in- and conditions, and sack at will. The word dustrial relations system. In fact, if you lis- ‘fairness’ is not even in the bill; it is only on tened to the Prime Minister in recent weeks the front cover of the Liberal Party propa- raving about how well things are going under ganda. ‘Choice’, in spite of being in the title the current system, you might be forgiven for of the bill, is all on the side of the em- thinking that he believes that the current in- ployer—‘Will I offer these conditions or dustrial relations system is the best friend the those?’ There is no choice for the worker worker has ever had—if it were not for the there. fact that, in spite of the success it has The union movement has been all but gut- achieved, he is about to rip the whole thing ted by this bill, along with the independent up. umpire, the Australian Industrial Relations This is a bill that needs considerable Commission. In fact, there are punitive pro- community scrutiny and debate. Actually, it visions in this bill that apply to what would is a bill that needs to be thrown out. But, for now be legitimate union activity. These in- reasons unclear to Australia’s best econo- clude a $6,600 fine for individuals who dare mists and commentators, not to mention the

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 59 working men of Australia, it is here. Because pay and regular days off. So much about the it is, and because of the changes to our way way we build our lives, such as the relation- of life that will be wrought by this bill, it ships with families and friends, the plans we needs long and careful scrutiny. I condemn make, the daily commitments we make to the government that denies us all the right to each other to pick up the kids, to meet for a proper community scrutiny of this bill as it game of soccer on the weekend, to get and passes through parliament, that pushes this pay a mortgage or even to rent a place to legislation through this House as if it had live—virtually every aspect of the way that been elected to a sausage factory rather than families and singles arrange their lives—is the Commonwealth Parliament of Australia. embedded in the conditions that we currently What is the rush? What is going on out have thanks to our workplace relations sys- there in our workplaces that is so dire, so tem. dangerous to the Australian people and so It is all possible because of the balance frightening to the government that they have that our society has struck over decades be- to behave in this manner and treat this par- tween work and home. The big gains made liament and the Australian people with con- through test cases heard before the arbitra- tempt by pushing this bill through the House, tion commission and smaller specific this massive change that will impact on gains—maternity leave, carers leave, the every aspect of our lives? Perhaps it is a po- weekend, the 30-hour week, holiday load- tential outbreak of fairness. Perhaps a bit of ings, skills loading, allowances and meal collective bargaining is going on. Perhaps breaks—all result from the work of the union overtime is being paid. Perhaps union repre- movement and from collective bargaining. sentatives are going onto work sites. There is That is because industrial relations and un- no bogeyman out there. There is nothing go- ions are not and never have been just about ing on out there in our workplaces so dire work. At the heart, they are as much about that it requires this government to urgently separating work and home life and making it push this bill through without the scrutiny possible for work and home life to coexist as that it deserves. The real horror is in here. they are about the workplace alone. At the The real horror is the bill. The reason why heart, they are about making sure that people they are pushing it through so quickly is that come home from work even alive and unin- they are afraid that anybody out there might jured, and the safety that we have in our find out. The scary stuff is well and truly workplace has been fought for long and hard here. and should not be taken for granted. It is I have been out and about in my electorate about getting home in a fit condition to a lot. I have spent a lot of time talking to spend quality time with your family, with people in their homes and workplaces about enough time at home to build a meaningful their daily lives, about the things that matter. family life, with enough regularity of hours This government knows very well how much and pay to be able to pay bills and perhaps concern there is out there at the moment and get a mortgage and save for your retirement. it knows how ineffective that $50 million in When I move around the electorate I find taxpayers’ money was. The people’s con- families and singles, nearly everybody, uni- cerns are more than justified. So much of the versally trying to get on with their lives and way that people live their lives is embedded trying to do exactly the things that we, the in the returns from our current industrial re- community, need them to do: buy a house if lations system: regular hours, regular and fair they can, raise their children, get their chil-

CHAMBER 60 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 dren a good education, build their own ca- ernment. You have seen what they did with reers, save for a rainy day, try to save for the $50 million and the fluff they produced their retirement, commit to each other on a with your taxpayers’ money. There will be daily basis—all of the things that make rela- little more than spin in the booklet they have tionships work. What I see every day is fami- produced, which they have carefully put the lies trying to do that, yet in some areas of my word ‘fairer’ on, even though they have re- electorate I see families that already do not moved it from the bill. This government is a have much of a chance, that are already at master of making big lies out of very small the bottom of the heap because of changes to truths. Every page you turn of this bill makes the industrial system that have already gone the worker more vulnerable. This bill is all through. about forcing people onto inferior wages and I see people in my electorate where both conditions and removing their penalty rates, parents get up in the morning not knowing their leave loadings, their overtime and their whether they are working that day, without allowances. Work Choices offers no choice the ability to organise child care for their at all. children, without the ability to even know Mrs MAY (McPherson) (6.14 pm)—I that they can pay the rent and without the cannot help but feel a sense of history as I ability to commit to picking up their child rise to speak on the Workplace Relations after school. I go to their houses. They are Amendment (Work Choices) Bill 2005, as I the houses where I find six-year-olds home have no doubt this bill will become very alone, and it is not their fault. I do not know much part of the history of workplace rela- what option they have other than to not work tions in this country. This is an evolutionary at all. These are people already disenfran- process, not a revolutionary process, as chised, already heading towards the category members on the other side would like us to of working poor—people that I fear under believe. It is not massive or extreme legisla- this regulation will become nothing more tion, as the member for Parramatta would than subsistence workers, struggling day to have us believe. This is a bill, a set of re- day, unable to commit to their families, un- forms, for the 21st century. able to share in the nation’s prosperity. The support both nationally and even in- We need families to do well, and that need ternationally for these reforms is well docu- is at least equal to the need for business to do mented. There have been some strong voices well. The relationship is symbiotic. For 100 who have spoken about the need for work- years the balance between these two en- place relations reform in this country. Com- twined entities has been managed via the mentators have spoken about the need for arbitration system and an independent um- reform for many years. In its 2005 survey of pire that balanced the needs of the business Australia, the IMF particularly argued that with the needs of the worker. This bill sets employment and productivity can be im- about destroying it all, replacing everything proved by implementing proposed reforms of that we have worked for all these years and labour markets and welfare policies. Simi- the safety net that protects the vulnerable. larly, the 2005 OECD economic survey on I urge everybody out there to have a look Australia said: at this bill. Read as much as you can and get To further encourage participation and favour to know what this means. You will not get employment, the industrial relations system also any real information from the Howard gov- needs to be reformed so as to increase the flexibility of the labour market, reduce employment

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 61 transaction costs and achieve a closer link be- the economy is to continue to grow strongly. tween wages and productivity. Unless we bring about change and reform in So we have on the table a bill that will kick- areas such as workplace relations, we will start further productivity, employment lose our economic strength in the future. Our growth, efficiency, innovation and, most im- economic strength will be eroded. The re- portantly, improve household incomes well forms being proposed by the coalition gov- into the 21st century. Without change, with- ernment are not extreme nor are they radical. out reform, Australia runs the very real risk The reforms being proposed are to ensure of standing still. Our current strong eco- that our system keeps pace with the demands nomic position will stagnate. It will not grow of a modern economy. The changes are the in the future without workplace relations next evolutionary step in the process of reform. With reform we can, as a country change from a centralised award system to and for our people, build another cycle of one based primarily on bargaining at the strong economic performance and growth. workplace level. This process was begun by We can lock in our future prosperity. Work- the Keating government in 1993 and has place relations reform is a very important continued under this government with its part of building that cycle and locking in the 1996 reforms. These historic measures will prosperity, along with further taxation reform help modernise Australian workplaces. They and the reform of business regulation. will give industry the ability to achieve The opposition will continue to run a greater productivity and efficiency and the scare campaign against these reforms. They flow-on effect will ensure increased em- have done it in the past and they will con- ployment and higher wages for employees. tinue to do it in the future. There is no ac- Under Work Choices, employers and em- knowledgment from the opposition that, over ployees will be free to enter into agreements the last 20 years, real wages have increased without the bureaucratic processes that cur- by 25 per cent—up by 20 per cent in the last rently require a formal AIRC hearing to cer- decade alone. Unemployment has fallen tify every collective agreement, even when from around 10 per cent when Labor was in the parties are in complete agreement. Agree- power to below five per cent, while youth ment making will be simpler under Work unemployment improved from nearly 20 per Choices, but employees will be able to seek cent to below 15 per cent in just the last dec- assistance with the process. The Office of the ade. However, despite these impressive re- Employment Advocate will provide advice to sults, Australia cannot stand still. Our com- both employers and employees on agreement petitiveness and general economic standing making. Employers and employees can seek have been slipping. Average yearly GDP legal assistance if they so choose. An em- growth has recently slowed to 2.4 per cent ployee can have a union representative or a and our economy is facing a number of bargaining agent to represent them in the growth impediments. If reforms are not im- AWA process. Employees will not be left on plemented, Australia could fall from eighth their own throughout the negotiating process. to 18th position on the OECD league lad- If they feel they need help, help will be there. der—the same place it occupied in 1983, The government will also expand the when Australia’s economy was at a historic scope of the Office of Workplace Services to low. create a one-stop shop to ensure employers Ensuring our workplaces are more flexible and employees know their rights and obliga- and increasing productivity are important if tions and that these are fairly enforced. This

CHAMBER 62 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 readily accessible single agency will provide such matters, the terms of the relevant award further protection for all employees. The Of- will continue to apply. fice of Workplace Services will have the These standards embodied in the legisla- power to enforce compliance with the Work- tion give greater certainty about require- place Relations Act, the terms and conditions ments to employers and employees when of awards, agreements and AWAs, freedom they sit down to negotiate an AWA. There of association provisions and requirements in will no longer be a hearing based approach relation to agreement making. At present, to the adoption of AWAs; there will be a there are 90 OWS inspectors. That number more streamlined, simpler and less costly will increase to 200 under this new legisla- administrative approach which will see all tion. The OWS itself will be empowered to agreements, whether collective or individual, assist, enforce and prosecute any breaches of filed with the Office of the Employment Ad- agreement making. There are further safe- vocate. All agreements, both collective and guards. The legislation sets out very clearly individual, will take effect from the date of the key minimum conditions of employment lodgment rather than the date of certification that must be included in any negotiated or approval. This will reduce delays and un- AWA. These minimum conditions will pro- certainty and ensure that, once agreement is vide genuine protection for all Australian reached, the parties have the certainty they workers. deserve. Each agreement will be able to run The Australian fair pay and conditions for up to five years. standards will contain minimum and award There has been a lot of confusion over classification wages as set by the AFPC; four whether or not an employee has to switch to weeks paid annual leave, with an additional an individual agreement. The simple answer week for shift workers; the option for em- is no. As is presently the case, individual ployees to cash out up to two weeks leave, agreements are optional. Employees must but only at the request of the employee; 52 agree to individual agreements before they weeks unpaid parental leave; 10 days paid can be lodged with the Office of the Em- personal or carers leave, including sick ployment Advocate. It will continue to be leave, for employees with more than 12 unlawful for an employer to try and coerce months service, plus two days of paid com- an employee to sign an agreement. It will passionate leave, plus an additional two days also continue to be unlawful for an employer of unpaid carers leave per occasion will be to sack an employee for refusing to accept an available in emergency situations for em- agreement. ployees who have used up their paid leave; This bill will simplify the complexity in- and a maximum 38-hour working week. Fur- herent in the existence of six workplace rela- ther award conditions such as public holi- tions jurisdictions in Australia by creating a days, rest breaks, incentive based payments national workplace relations system based on and bonuses, annual leave loadings, allow- the corporations power that will apply to a ances, penalty rates and shift or overtime majority of Australia’s employers and em- loadings will not form part of the standard ployees. In Australia at present we have over but will be protected in the bargaining proc- 130 different pieces of industrial legislation ess. These award conditions may be traded and over 4,000 awards. It just does not make off and bargained for, but only through spe- sense in today’s modern economy to have cific reference in the new agreements. If a that much regulatory overlap and complex- new agreement fails to make provision for

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 63 ity. It causes too much confusion, it is bad fusing to agree to an AWA; absence from for business, it costs jobs and it will hold work due to maternity leave or parental Australia back from further economic and leave; or temporary absence from work due jobs growth in the future. to carrying out of a voluntary emergency It is time to move towards one simpler na- management activity. These are just a num- tional workplace relations system. The re- ber of grounds that will be protected. The forms are long overdue. Employers and em- government will also provide up to $4,000 of ployees in Victoria are already reaping the legal advice to eligible unlawful dismissal benefits of moving to a single national work- applicants. place system. Maybe their counterparts in The reform measures in the Workplace other states will take a leaf out of Victoria’s Relations Reform (Work Choices) Bill 2005 book and work towards achieving a national are long overdue. In fact, the bill contains approach that will yield the most benefits for most of the government’s reform proposals all. Somehow I think the fight with the ma- which have stalled since it was elected to jority of the states will be a long one. office in 1996. Since 1996 there have been The reforms in this bill will, for the first 13 separate Senate inquiries into the gov- time, properly balance the interests of em- ernment’s workplace relations reform pro- ployers and employees in the areas of dispute posals. Eight of these inquiries have consid- resolution, unfair dismissal and termination. ered reforms to the unfair dismissal system. Australia’s unfair dismissal laws are inher- It is time now to move forward. ently unfair and represent an inequitable and The opposition to the bills from the Labor unbalanced burden on Australian business, Party, and indeed the very strong opposition particularly small business. The government from the union movement, is purely political has moved to overcome this unfairness by and ideologically driven. It has nothing to do providing balance and, in the first instance, with the need for this country to move for- by encouraging employers and employees at ward into the 21st century with reforms that a workplace level to choose their own forum will continue to see this country prosper and for dispute resolution. The government will grow—reforms that will take away the establish a system of registered private alter- shackles from industry to allow them to im- native dispute resolution providers. A model prove their productivity and to increase op- dispute resolution procedure—a DRP—will portunities for Australian workers, with more be provided in the bill. It will be included in jobs and higher wages that will come with all awards and will be the default DRP for increased productivity. The opposition will agreements which do not stipulate their own undoubtedly continue to peddle the line that DRP. Australian living standards will decrease, Employees will be protected against that people will lose their jobs, and that em- unlawful termination regardless of the size of ployers will treat their employees with con- the employer. Unlawful termination will tempt and unfairness. cover such areas as: temporary absence from Nothing could be further from the truth. work due to illness or injury; race, colour, The bill before the House will encourage sex, sexual preference, age, physical or men- participation in the work force. It will in- tal disability, marital status, family responsi- crease the flexibility of the labour market, bilities, pregnancy, religion, political opin- reduce employment transaction costs and ion, national extraction or social origin; re- achieve a closer link between wages and

CHAMBER 64 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 productivity in this country. I commend the place. In other words, the Australian people bill to the House. understand very clearly what the Howard Mr DANBY (Melbourne Ports) (6.28 government is up to with this bill. They un- pm)—It is an honour to rise to speak in op- derstand that this bill is an attack on the position to the Workplace Relations Amend- wages, conditions and living standards of all ment (Work Choices) Bill 2005. Last week I Australian employees. They are not fooled was ejected from the chamber, along with 10 by the government’s dishonest propaganda other members, for protesting against the about this bill. indecent haste with which this extreme bill is Indeed, the most remarkable thing about being rammed through this House. Honour- the state of public opinion in relation to this able members might not regard me as nor- bill is that the government’s propaganda mally being a militant member of this House. campaign, all $55 million worth of it, has I respect the parliament and I respect the been a total failure. It has not persuaded the Speaker. I have no desire to make his job Australian people that this bill is a good more difficult but this bill, and the way this thing. It has been inept, boring, annoying, government is trampling on the rights of repetitive and fundamentally dishonest. That members of this parliament to get it passed, is because no advertising agency can per- is enough to make a militant out of anyone. suade people that having their wages re- If the government persists with these tactics duced, their conditions eroded, their rights in and will not be dissuaded from its extreme the workplace abolished and their quality of course of action then opposition members life worsened is a desirable thing. There is an will continue to protest. If that means being old adage in the advertising industry that if ejected from the chamber again, we will you spend enough money you can sell the wear that as a badge of honour. public a bad product, but only once. The It is clear that in rejecting this bill the op- Australian public have become increasingly position is speaking for the majority of Aus- cynical about this government’s bogus in- tralians. Let me refer to the recent findings of formation campaigns and resentful of the a poll commissioned by the ACTU but car- fact that they are forced to pay for them. The ried out by an independent research com- return per million dollars of taxpayers’ pany. The poll showed that 62 per cent of money spent on these campaigns has de- Australians believed that wages were being clined steadily and has now apparently gone reduced under these new laws, 69 per cent of into negative territory—that is, the more people believed that the laws will create governments spend on these tedious and dis- greater fear in the workplace, 64 per cent honest ads, the fewer people are convinced. believed that the changes will reduce job Before I turn to the bill itself, I want to security, 82 per cent were very concerned say something more about the advertising about the reduction of the ability of workers campaign. Not only has it been ineffective in to collectively bargain with their employer, terms of its content but it has been a total 70 per cent thought that the reduced role of disgrace in terms of the process by which it the Australian Industrial Relations Commis- has been carried out. There has been no sion was a bad idea, 85 per cent believed that transparency in the way the contracts for this unions should have the right to enter work- campaign have been decided and no over- places to talk on behalf of their members and sight of the way huge amounts of taxpayers’ 59 per cent agreed that pay and conditions money have been spent. Government mem- are generally better in a unionised work- bers like to skite about the recent High Court

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 65 decision, but they know as well as I do that in electoral terms, in 1998 and 2001 and after the court’s decision was based on narrow our own goal that we on this side scored in technical grounds and was not an endorse- 2004, they think they are unbeatable. You ment of the ethics of the way the government can see it on the smiling faces of the mem- is spending public money. I am reluctant to bers for Aston and Moncrieff. Let me remind make accusations of corruption, but what them that, in the original Greek myth, hubris other word can be used when a Liberal gov- is always followed by Nemesis. ernment hands out an enormously lucrative I now turn to the bill. If the Howard gov- contract to the Liberal Party’s advertising ernment’s advertising campaign is a product agency Dewey Horton while other advertis- of arrogance, this bill is a product of ideol- ing agencies are given no opportunity to bid ogy. We all know that this bill is being intro- for the contract? In many countries this duced into this parliament in this form, at would be criminal conduct. this time, for one reason: the Prime Minister. Last week, the honourable member for I have a different attitude from that of most Wills raised some serious questions about members of the opposition to the Prime Min- Dewey Horton’s principal, Mr Ted Horton. I ister. I knew him in a previous life and I have have no personal knowledge of these matters a regard for him. One way or another, how- that the honourable member has raised, but I ever, his time in power is running out. For have not yet heard any government member more than 30 years his obsession has been refuting the statements made by the honour- his dislike—hatred, indeed—of the trade able member for Wills. Whatever the truth of union movement and the values it represents. the matter may be, it is certainly true, as the Ever since the fall of the Fraser government honourable member for Wills said, that the he has been waiting for this chance to carry Australian people are entitled to some trans- out the full Thatcherite revolution in Austra- parency concerning the awarding of advertis- lia. He did not expect to get the chance and, ing contracts by the mysterious Ministerial now that he has it, he is determined not to Committee for Government Communica- waste it. Indeed, there is a prevailing my- tions. Under what parliamentary authority thology in the government that the Fraser does this committee spend $50 million of government was a do-nothing government, taxpayers’ money? Charles I got his head cut and they are all determined to carry these so- off for this kind of encroachment on the called reforms through to the bitter end rights of parliament. whether or not they are the right thing for Mr Tanner—A good precedent! Australia. This is why I believe the Prime Minister is risking everything on the culmi- Mr DANBY—I thank the member for nating chapter of his great ideological cru- Melbourne. The way in which the advertis- sade. ing campaign has been conducted is a symp- tom of the government’s increasing arro- I hope that honourable members opposite gance. After the coalition parties won control realise that the Prime Minister is now, as was of the Senate last year, the Prime Minister once said of British Prime Minister Glad- told us that there would be no hubris. Maybe stone, an old man in a hurry. He has his eyes he even meant it, but they just cannot help fixed on a place in history. He does not care themselves. A year later their hubris is out of what happens to the honourable members control. Now they think they can do what- opposite in 2007 provided he can retire in ever they like. After their ‘escapes from jail’, triumph with his life’s work complete. He is quite willing, in my view, to drag all of them

CHAMBER 66 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 over the edge of the cliff in pursuit of his their working conditions and their standard obsession. I hope honourable members op- of living. posite enjoy their roles as foot soldiers in the By ridiculing these award protections that Prime Minister’s great anti-union crusade have been built up through a century of ef- while they can. I suspect some of them will fort, the minister for agriculture revealed have cause to rue the day they signed up for more than he intended to about the real mo- it. tives of this government. I represent a largely Let us be clear what this bill is about. It is middle-class electorate—not many people in a frontal attack on Australian workers in the Melbourne Ports these days earn their living broader sense of the term. Its real objective is by physical labour—but the provisions of to drive down wages and destroy the capac- this bill will still have a major impact on ity of trade unions to resist effectively abol- many people in my electorate. These are the ishing all legal avenues for seeking wage large number of white-collar employees, justice for employees. The more subtle many of whom are young people struggling members of the government try to gloss over to buy homes in suburbs where the cost of this by using the rhetoric of individual free- housing has risen enormously and to raise dom and painting a rosy picture of a country children in households where both parents where every school leaver enjoys the right work. These people are battling to find and and the wonderful freedom to sit down with to pay for increasingly scarce child care. a multinational corporation and negotiate Many of them are also paying school fees to their very own individual contract of em- give their children the education of their ployment, but the less subtle members of the choice. My electorate is full of people like government give the game away. And who is that, people who will lose out if this bill is less subtle than the Minister for Agriculture, passed. Fisheries and Forestry, the honourable mem- This government enjoys demonising the ber for Gippsland? ‘militant unionists’ of the CFMEU and MUA At several question times recently, we as a means of building support for this bill, have seen the minister for agriculture get up but the irony is that these unionists are more and read out extracts from awards relating to than able to look after themselves. I do not agricultural workers as though they were the think that anyone who knows these unions funniest things he had ever seen: ‘How dare would imagine their allowing this govern- these yokels demand that their employers’— ment to drive down their wages or strip away the Victorian squatter class, of which some their conditions, and I hope they do not. I people say the McGauran brothers are fine have a great admiration for the blokes who representatives even though both of them work on Australia’s wharves and ships. They live in Melbourne—‘be forced to pay these have great skills that are constantly deni- various trifling allowances?’ This line of grated by some of the people opposite. How- heavy-handed ministerial humour is very ever, the people who will really suffer from revealing because every one of those award this dog-eat-dog industrial relations system provisions represents a long struggle and a that this bill will usher in are not militant hard-won victory by unskilled workers— trade unionists but non-unionised workers; men who perform hard physical labour in the young people; unskilled people; women, in- hot sun so the squatters of today, and yester- cluding those from non-English-speaking day, can live in comfort without working— backgrounds; people who work in shops, towards gaining a small improvement in offices and call centres; and people who do

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 67 not have the industrial muscle or tradition of ommendations there would have been no militancy of the kind that people had when I rises in the previous years. had the honour of working for one of Austra- We have also heard a lot of cheap rhetoric lia’s great white-collar unions, the SDA. from members opposite about wage rises These people are the real targets of this bill. under this government compared with the Some of these are the very people who are preceding Labor government. It is true that coming back to the Labor Party—Howard’s incomes have risen more rapidly over the battlers. They are being driven back by the past decade than they did in the previous extremity of this government’s legislation. decade, but that is because the Hawke and The Minister for Employment and Work- Keating governments did the hard work of place Relations tells us that the Australian basic structural reform of the Australian industrial relations system is outdated—that economy. They cleaned up the mess they it is a relic of the days of HB Higgins and inherited from the former Treasurer, John that it must be radically reformed if em- Howard. Part of that reform process was the ployment opportunities are to continue to accord with the trade union movement, expand and if incomes are to rise. Yet, while which necessarily involved wage restraint he says this, every day the Treasurer contra- and the restoration of profitability in the pri- dicts him. We just heard another contradic- vate sector. Now Australian workers are tion from the previous speaker, the member reaping the benefit of those reforms as a re- for McPherson, who told us that unemploy- sult of their earlier restraint. We make no ment is falling and incomes are rising. The apologies for those policies, which are the Treasurer boasts about the strong and suc- foundation of our present prosperity. cessful Australian economy. He is quite Let me remind members opposite that right: the Australian economy is strong, un- there was no greater urger of the need to re- employment has fallen and wages have risen. duce wage overhang in those days than the These things are the result of the economic then opposition leader, Mr Howard. Histori- reforms of the Hawke and Keating govern- cally the Liberal Party, whether in governments, including the reform of the industrial ment or in opposition, has been opposed to relations system carried through by Paul wage increases, including increases in the Keating. basic or minimum wage for the lowest paid The government boast about the increase workers. The only reason the Howard gov- in incomes over the past decade as if it were ernment are now able to pose as a champion their doing. In fact, this increase has been of the workers is that they are coasting on the brought about by the sustained economic prosperity and growth created by Hawke and growth created by the reforms of the Hawke Keating and because they have been unable government and delivered to Australian to prevent the Industrial Relations Commis- workers by the industrial relations system, as sion from providing an arena in which wage reformed by the Keating government—the claims can be arbitrated in a civilised way very system that the Howard government and where the interests of the lowest paid now tell us must be done away with. As workers are protected. many members on this side have pointed out, This arrogant government has control of these wage rises have taken place in spite of both houses now. It is bent on destroying our this Liberal government and not because of current industrial relations system, which it. If the Industrial Relations Commission with appropriate reforms has served Austra- had accepted the Howard government’s rec-

CHAMBER 68 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 lia well for nearly a century. The government the government now wants to destroy, all also want to destroy the values that underlie because of, I believe, the Prime Minister’s that system—the values of social solidarity, long obsession about—and indeed hatred social cohesion, support for the powerless of—trade unions, an obsession that was rele- and respect for the rights of all citizens. The vant 30 years ago when we had massive in- government wants to destroy the institutions dustrial disputation. But now we have an all- of Australian social solidarity and to make it time record low of industrial disputes. The impossible to ever reconstruct them by dis- system is not broken, so why are we trying to crediting the ideas that underlie them. This is fix it? The Prime Minister claims to be a why the government plans are being opposed Burkeian but in fact he is abandoning his so firmly by Cardinal Pell, Archbishop Aspi- Burkeian ideology to pursue a more extreme nall and Archbishop Jensen—hardly militant Thatcherite ideology with this system. Sel- trade unionists but leaders of the community dom has such a wide-ranging and destructive who understand the damaging consequences change been put forward with so little justifi- of what this government is trying to do to cation. This extreme legislation is the final Australian society. I remember too the Prime ideological excess of an arrogant and ideo- Minister’s embarrassment when the member logically obsessed government. It should be for Lowe raised with him the quotes of His rejected by this House. Holiness, the Pope, who when visiting Aus- Mr CIOBO (Moncrieff) (6.46 pm)—It is tralia commended the Australian industrial certainly with great pleasure that I stand to system to the world as an example of the speak on the Workplace Relations Amend- way people could deal with each other in a ment (Work Choices) Bill 2005. This is a civilised way. monumental piece of legislation. It is monu- Let me conclude by quoting the Anglican mental because it heralds a new era in Aus- Archbishop of Sydney, Dr Peter Jensen, a tralia—a new industrial relations era which conservative in most matters and a Christian will play a pivotal role in ensuring that our leader whom this government has been quite nation, over the coming decades, enjoys happy to quote in support of some of its higher productivity, increased wealth and other policies. The archbishop said: increased security for families, employers This nation and its political leaders must be and employees. It is an important piece of committed to ensuring optimum working condi- legislation because it does that whilst main- tions for the nation’s workers; a living wage that taining a framework of equity and fairness will mean everyone has the ability to provide for and whilst principally ensuring that employ- themselves and their families the necessities of ers and employees develop a relationship and life, strong unions that will represent workers, negotiation style that suits the individual and the preservation of leisure time for families to workplace, given the many hundreds of be together for rest and recreation and to maintain thousands, if not millions, that are around the their relationships. country. That is a pretty good summary of the system we currently have—a system which has It has been interesting to hear the various served Australian workers, business and so- contributions by both sides of the chamber to ciety very well; a system which is currently the debate in this place. In the main I have delivering record profits to Australian busi- been particularly concerned by the manner in ness, rising wages to Australian workers and which the Australian Labor Party, the politi- falling unemployment. It is the system that cal wing of the trade union movement in this country, has taken a shrill, emotional and

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 69 highly jargonistic approach to this debate. I In every instance the assertions put forward believe that in many respects the very man- by the Australian Labor Party have been ner in which the Australian Labor Party ap- wrong. The assertions have been nothing proaches this debate underscores the lack of more than a politically opportunistic point- any true substance in its confected display of scoring game to try to justify Labor’s role as emotion and so-called concern over the rami- the political wing of the trade union move- fications of this bill going through the par- ment in this country. liament. In particular, I have heard the word The legislation that is currently before the ‘extreme’ used by members of the Australian House is simply an evolutionary step to en- Labor Party time and time again. In my sure that this government does not sit back mind’s eye, I can almost see them sitting and rest on its laurels when it comes to eco- huddled around the table and saying, ‘How nomic reform and that this government con- will we portray this politically to ensure that tinues the progress that is achieved through we get the maximum amount of political reform—the very reform that will be central advantage?’ I can almost hear the Leader of to ensuring that our nation continues to enjoy the Opposition saying, ‘We need to go out prosperity into the future. In particular, the there and refer to these reforms as extreme.’ work choices bill that is before this chamber So the Australian Labor Party needs to go will provide the opportunity for those em- out there and continue the scare campaign ployers and employees in the vast majority that the Australian Council of Trade Unions, of workplaces to sit down and have rational the trade union movement, started about six discussions about what is best for their busi- months ago. So, one after another, opposition ness going forward. members have come into this House and As the representative of the seat of Mon- claimed all sorts of wide-ranging conse- crieff on the Gold Coast, I have the unique quences as a result of the passage of this bill. privilege of standing in this chamber and My principal concern has been that in saying that my electorate and the city that I most instances the claims that I have heard represent have the highest per capita per- from opposition members have been ex- centage of small businesses in the country. In treme. The claims that I have heard from addition to that, the electorate of Moncrieff opposition members include that there will has the second highest percentage of people no longer be a right for union members to employed in the hospitality and tourism in- collectively bargain, that there will no longer dustries. In both instances this bill will play a be a right to union representation, that there key role in ensuring that the industrial sys- will no longer be an opportunity for workers tem will be flexible enough to ensure that to be able to call upon the services of trade hospitality workers and small business own- unions, that there will no longer be equity in ers will be able to continue finding paths that workplaces, that there will no longer be fair- provide better services for employers and, in ness made available to families, that it will addition to that, better employment opportu- be the end of redundancy and that it will be nities and environments for employees. the end of all manner of entitlements such as In particular, the work choices bill is about annual leave, holiday loadings, sick leave developing a policy framework that suits the and carers leave. All these types of claims majority of workplaces in this country. In my have been made and we have been told that electorate, where the bulk of businesses are all these things will be abolished, scrapped small businesses, I recognise—as I believe or under threat as a result of this legislation.

CHAMBER 70 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 most members on this side of the House rec- in which employees and employers devise ognise—that most employers say the princi- what they believe to be the best way forward. pal asset of their business is the people they That is the vast majority of modern Austra- employ. Having said that, if you work on the lian workplaces—even beyond small busi- contention that the vast majority of businesses. In my view, there are a vast number nesses recognise what an asset their people of large, even multinational, employers that are, you fundamentally see the rationale as to pride themselves on being employers of why the work choices bill, which enables an choice and they will do what they can to at- employer to sit down and negotiate with an tract and retain hard-working, diligent, good employee and vice versa on the best business employees. They will sit down and negotiate outcome for both, is fundamentally a far su- with those employees and will develop busi- perior approach to industrial relations in this ness practices that they believe to be in the country than the proposition that the Austra- long-term interests of their employees. This lian Labor Party put forward. Theirs is a policy system will enhance the benefits that proposition founded on an adversarial system flow from that type of relationship. and in the fact that the Australian Labor Unlike the Australian Labor Party, I do not Party would seek to heighten the role of believe it makes sense to develop a policy trade unions in this country. framework that really only seeks to cover The reason the Labor Party seek to and provide protection for the five or 10 per heighten the role of trade unions in Australia, cent of employers or employees that do the and the reason they would prefer a system wrong thing. If you have a business where an that pitches employers against employees employer does not believe that his employ- and vice versa, is that in that particular envi- ees are an asset, then there are protections for ronment trade unions add most benefit to a worker that are afforded under the work employees. If employees and employers are choices bill. In addition to that, where you pitted against one another, and that is the have a system whereby employees do not do view that the Australian Labor Party have of the right thing by the business, now, because a modern Australian workplace, then you can of the work choices bill, there will be oppor- understand why the Labor Party would be tunities for the business to dismiss that per- suggesting that without trade unions workers son without fear of having to pay thousands would be worse off. That is all the better to of dollars of go-away money through unfair encourage the working population to join dismissal claims. trade unions; all the better to build the The work choices bill will ensure in the strength of the Australian Labor Party—not longer term that Australia continues to de- to mention the fact that Labor members velop an economy that ensures prosperity, would be beneficiaries of the very generous increased productivity and, therefore, eco- campaign donations made by trade unions. nomic growth. Currently, Australia has over But my contention is very different. My 130 different pieces of industrial relations contention is that the reason we have seen legislation and over 4,000 different awards such significant declines in union member- across six different jurisdictions. That is the ship over the past decade is that modern Aus- system that the Australian Labor Party claim tralian workplaces are not built on the prin- is superior to the system the government is ciple of employees being pitted against em- seeking to introduce. There are over 4,000 ployers; modern Australian workplaces are awards, six jurisdictions and 130 different built on flexibility and healthy relationships pieces of legislation on industrial relations—

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 71 and that is somehow superior to developing tralian Labor Party has been running. As I one nationwide piece of legislation which said, prosperity and flexibility are the central deals with work choices and workplace rela- tenets of the new work choices bill. We are tions into the future. For example, a national going to be implementing a system whereby business that operates in Queensland, New minimum and award classification wages South Wales, Victoria and South Australia will be protected by law and where specified needs to deal with potentially four different existing award conditions such as penalty jurisdictions, and it might have a variety of rates, overtime and long service leave will staff in different roles and therefore need to continue to be protected. We will be intro- deal with many different awards. According ducing an exemption from unfair dismissal to the Australian Labor Party, that is a better laws for businesses with up to 100 employ- system for government to continue operating ees, because we are sick and tired of seeing by than replacing it with one central award that system rorted and seeing thousands of system or one central IR system that the dollars of go-away money being paid for government is attempting to introduce unjustifiable claims that are often put for- through the work choices bill. ward simply because due process was not You can start to see the reason why this followed—due process which goes far be- fundamental difference in approach between yond natural process and actually descends the Australian Labor Party and the Howard into a bureaucratic nightmare. We will also coalition has led to such vastly different re- see the creation of the Office of the Em- sults for the people of Australia. It under- ployment Advocate, a one-stop-shop to pro- scores the reason why under the coalition we vide information for both employees and have seen unemployment rates fall to their employers, as well as a reduction in red tape lowest level for decades. We have seen eco- in the agreement-making process. People nomic growth continuing effectively for the will retain their right to choose to join a un- last 15 years and interest rates and inflation ion or not choose to join a union. Flexibility rates at record lows. It stands in stark con- and choice will be the key tenets of the new trast to the state in which the Australian La- system. bor Party left Australia—with unemployment The Australian government has indicated rates significantly higher than they are now, that the no disadvantage test will be replaced with a huge multibillion-dollar deficit, with by the Australian Fair Pay and Conditions inflation running rampant at various times Standard. This is a central part of ensuring under the Labor administration and with that we have a new standard that will exist at workplace dispute rates much higher than a federal level. The new Australian Fair Pay they are currently. It is little wonder that we and Conditions Standard will incorporate believe in and have great faith in the Austra- four key points: maximum ordinary hours of lian people to be able to sit down and sensi- work; annual leave; personal leave and bly discuss and negotiate workplace condi- carer’s leave, including sick leave; and pa- tions that we believe to be in the best inter- rental leave. Beyond that, we believe that, if ests of both employers and employees. Over people choose to make an agreement, an 10 million people are in jobs in Australia AWA, they should have the opportunity to sit now. This is a far cry from the situation that down and work out what works best for em- the Australian Labor Party left. ployers and for employees. You can see the I now want to address some of the specific significant reduction in red tape that will be concerns and scare campaigns that the Aus- brought about because, from this point, with

CHAMBER 72 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 the passage of this legislation, employers wages for award classification levels; mini- will have the opportunity to employ people mum wages for juniors, trainees/apprentices under agreements on a basis that both the and employees with disabilities; minimum employee and the employer are happy with. wages for piece workers; and casual load- In addition to that, gone will be the mind- ings. Contrary to what we have heard from numbing regulation and red tape that cur- the Australian Labor Party throughout this rently stops so many Australians from being debate, the work choices bill does not abol- employed. Having spoken with many differ- ish awards. Awards will be rationalised under ent small businesses in my electorate, I know the federal award umbrella—and thank the profound impact that the heavy amount goodness for that, because pity any business of red tape has on the propensity of small that needs to operate across six jurisdictions businesses to employ new employees. If and 4,000 different award structures. That is there is one key safeguard that needs to be all the more reason for awards to be incorpo- maintained in the economy, it is the fact that rated under the federal umbrella. Awards will we must ensure that businesses are in a posi- continue to be an option that is made avail- tion to go from strength to strength—to able. There will be particular entitlements grow, to generate wealth. They are funda- that will be subject to negotiation if the em- mentally the key drivers of ensuring that ployee chooses. Certain award entitlements there are jobs in the marketplace for people will be protected under the new work choices to be employed in. The easier we make it for system, although bargaining can occur on employers to employ people, the higher will those entitlements. They include public holi- be the level of employment in this country. days; rest breaks, including meal breaks; That is one of the most fundamental tenets incentive based payments and bonuses; an- that apply under this new work choices bill. nual leave loading; allowances; penalty rates; The notion that in some way we need to and shift and overtime loadings. I think it is a maintain this adversarial system that the positive that these award measures are also Australian Labor Party champions is absurd. able to be negotiated should the employee choose. In addition to the creation of the Fair Pay and Conditions Standard, the work choices Unlike the overly prescriptive Australian bill will establish the Fair Pay Commission. Labor Party, it is not my view that we need The Fair Pay Commission will play the key to step in and intervene on these matters. The role in ensuring that minimum wages are vast majority of people are in a situation determined in accordance with what is in the where they can make an informed opinion in national interest. That approach to develop- this particular instance. Where they feel they ing minimum wages in Australia is far supe- cannot do that, the right still remains for rior to the previous system, which almost them to call in, if they so desire, a third-party saw arbitrary claims achieved and balanced bargaining agent such as the trade union on the basis of some point almost midway movement. Despite the fear campaign from between what a union would put in and what the Australian Labor Party, we see the adop- the government or business groups would tion of a better, simpler system which en- put in. sures that employees and employers can reach the kinds of workplace agreements that The Fair Pay Commission will also set both believe to be in their respective best and adjust minimum and award classification interests. wages for a single minimum wage; minimum

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 73

Finally, I would like to touch on the issue put into place. It has been some months now of unfair dismissal. Unfair dismissal was since we have asked for that guarantee and it introduced in 1993. Although the Australian has not been forthcoming. Without that guar- Labor Party treats it as some kind of altar, antee, which would very simply stop any there have been many instances of abuse of alleged scare campaign in its tracks, the La- the unfair dismissal scheme that I have seen bor Party will continue to do what we were as a result of employers not being able to formed to do: advocate for working men and follow due process because of its overly women in this country and stick up for their complex regulatory framework and a number rights and conditions in the workplace. of instances in which unfair dismissal claims I guess there is one thing that I can agree have been brought unfairly. I am glad to see on with the member for Moncrieff. That was it go under this system. I believe its going when he said that he took pleasure in taking will lead to higher levels of employment. part in this debate. I have to say that I do too, In conclusion, if we are going to continue because I am one of the lucky ones in the to have a modern Australian workplace, one Labor Party who will get to have their say on that is flexible and that ensures Australia’s this piece of legislation. We now know that economic prosperity into the future, we need the government intend to guillotine debate to ensure that we develop a system that is on this significant piece of legislation, which relatively simple and, most importantly, re- represents such a massive change to the in- moves burdens on employers employing new dustrial relations system in this country. It is staff. part of a pattern from this government, since Ms LIVERMORE (Capricornia) (7.06 they got complete control of both houses of pm)—I would hate to disappoint the member parliament, that, when it comes to serious for Moncrieff, so I will start my remarks on debate about issues in this country, when it the Workplace Relations Amendment (Work comes to proper scrutiny of legislation— Choices) Bill 2005 this evening by joining which, in this case, will affect every man, the previous Labor speakers in this debate in woman and child in this country—they run condemning this extreme bill and condemn- from that debate. They do not want to have ing the extreme attack that it represents on the scrutiny; they do not want to have the workers’ rights in this country. I find it debate; they do not want to defend in any strange and a bit extraordinary that members substantial way what they are doing to peo- opposite keep on accusing Labor Party mem- ple in this country through this legislation. bers of a scare campaign. The previous So here I am: one of the lucky ones get- speaker, the member for Moncrieff, did use ting to have my say on behalf of my elector- the words ‘scare campaign’. It would be very ate, the people who elected me to come here simple for the government to stop that ‘scare as their spokesperson and representative in campaign’ in its tracks. All they need to do is the national parliament. I get to fulfil that what we have asked them consistently to do, responsibility, right and duty as a member of from the Prime Minister down—that is, to parliament and stand up for the people of my give us the guarantee that no Australian electorate in opposing this legislation. The worker will be worse off under this new sys- government should really be condemned for tem. Give us the guarantee that no Australian the insult that it is giving to the people of worker will see their wages, conditions and Australia in cutting short the debate on this entitlements reduced and affected unfa- bill. We have seen it with Telstra; we are vourably by the new system that this bill will about to see it with the antiterrorism legisla-

CHAMBER 74 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 tion. Time after time important legislation The DEPUTY SPEAKER (Mr Bald- comes before this House and the representa- win)—Order! Members will not interject. tives, who were elected by the people of Ms LIVERMORE—So there is no Australia to have their say on significant leg- proper debate in the parliament and the islation, are gagged and shut down. Prime Minister has squibbed any opportunity It is important to have this debate and to to have that debate and pay the Australian have it in a proper, substantial and compre- people the respect and courtesy of spelling hensive way. People were given no chance to out what this will mean for them in a way consider these very significant—and, I that the Australian people have not had to would say, radical and draconian—changes pay for out of their taxes. before the last election. The government did The government is trying to shut down not campaign in any serious or detailed way debate over these extreme changes by guillo- on industrial relations. We saw no detailed tining debate in parliament, but workers and campaign in 2004 about the measures that members of the community are still deter- we now see in this bill. They did not disclose mined to have their say. The government to the Australian people that they would be may have the numbers here in the parliament introducing these kinds of extreme measures, but it is becoming very clear that they do not which will totally change the face of Austra- have the numbers out in the community. lia and Americanise our workplaces. They are not convincing people that this is In introducing this bill without that kind good for them as individual workers or fam- of exposure during the last election, giving ily members, and they are not convincing people the chance to make an informed, con- people that this is good, or indeed even nec- sidered choice about the type of government essary, in the interests of our country’s future they wanted and the policies they wanted to prosperity. see from that government at the last election, The government do not have the numbers the government are really ambushing Austra- in the workshops, the factories, the hospitals, lian workers. They did that, firstly, by not the offices, the staffrooms and the crib rooms revealing their intentions at the last election; around the country. Certainly, the message now they are compounding the problem by that I am getting is that they do not have the pushing this bill through parliament without numbers in my electorate when it comes to proper debate. Of course, the other opportu- these extreme measures. These are the work- nity for debate that the Labor Party has been places where no amount of Liberal Party pushing for is for the Prime Minister, who is propaganda can overcome people’s legiti- so proud of these changes—and yet so scared mate demands for fairness and security in the of them at the same time, and seems to be workplace. running away from any kind of scrutiny—to People in my electorate have been making accept Kim Beazley’s offer of a public, tele- their views about these changes very clear. vised debate so that the Australian people There have been quite a large number of ral- can really have a look at what this is going to lies in the last three months attracting thou- mean for them and for this nation. sands of workers and other community Mr Dutton—Why would Kim Beazley members who are concerned about the dam- embarrass himself? age that these changes will do to their fami- Ms LIVERMORE—John Howard has lies and the way of life that we treasure in more to answer for on that score. this country. There have been rallies in

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 75

Rockhampton, Blackwater, Moura, Collins- about—the right-wing, Thatcherite agenda ville, Moranbah and Mackay, which is not in that is really at the heart of the Prime Minis- my electorate but which houses a lot of peo- ter’s philosophy and vision for Australia—he ple from the mining industry, which is in my would not be Prime Minister. The changes in electorate. Thousands of people have turned this bill are not things that Australian people out to these marches and community events support. These are things that go against the to send the clear message to the Prime Min- fundamental values and principles of a fair ister that they do not want his tired old dream go that Australians quite rightly hold so dear. of a deregulated American style industrial They have served us well for the last hun- relations system to become their nightmare, dred-odd years. where they no longer have the kind of secu- Why has the reaction to these changes rity and entitlements in the workplace that been so strong? What is in store for workers they need to get on with their lives and build through these changes? The short answer is a future for themselves and for their families. lower wages, poorer conditions and less job In his arrogance, the Prime Minister has security. This will be achieved in a number tried to drown out the community’s voice of ways that all interact to strip away protec- through the absolute deluge of government tions and leave workers vulnerable. First of advertising that we have seen about these all, there is a change to how the minimum changes, but the polling is showing that peo- wage is going to be set in Australia. That ple are not fooled. The shows of solidarity in role, which was traditionally played by the the community will continue in the coming Industrial Relations Commission, is now months and years, right up to the next elec- moving to the Fair Pay Commission. What a tion. The government will tomorrow try to typically Orwellian name that is: the ‘Fair shut down debate here in the parliament, but Pay Commission’. Unlike the Industrial Re- they will not be able to avoid the outright lations Commission, the Fair Pay Commis- rejection of this extreme package out in the sion does not have to consider fairness in community. setting the minimum wage, and that has been It is no surprise that the community’s re- given quite a deal of airing in question time, action to these changes has been so strong. It without much reassurance from those on the is such a radical attack on the protections and government side. entitlements that Australian workers have The current system requires that the In- fought for and rightly regarded as their birth- dustrial Relations Commission specifically right for a hundred years. The Prime Minister consider fairness as one of its criteria in set- knows that, or at least he used to know that ting the minimum wage. That is gone. It now back when he was in touch with the commu- becomes a totally economic argument. Never nity, when he was in touch—or so he mind what it might take for a worker in this claimed—with the views and aspirations of country to earn enough to have a decent life. ordinary Australian workers and their fami- The government has been so worried about lies. He clearly knew that back in 1996, putting ‘fairness’ in its propaganda that it when he very cleverly—and, some would seems to have forgotten to include fairness in say, in a typically mean and tricky fashion— its bill. The lowest paid workers in this coun- made the promise that no worker would be try are going to bear the brunt of the gov- worse off if a Liberal government were ernment’s removal of that consideration. elected. He knew in 1996 that if he let the cat out of the bag and told voters what he was on

CHAMBER 76 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

John Howard’s defence—what he comes away at the number of conditions protected back to us with—is: ‘When it comes to by awards, but there are still currently 20 wages, look at my record. Trust me.’ I think conditions protected by an award safety net. this Prime Minister’s record on the minimum Under this legislation, those minimum stan- wage says it all when it comes to understand- dards of employment will be cut down to ing what he is all about. He is about driving five, and everything else—penalty rates, down wages and creating a class of working overtime, leave loading, redundancies—will poor in Australia. We see that in the govern- be up for grabs in negotiations between em- ment’s record. They have opposed every ployers and employees. wage case in Australia since they took office. The government keeps saying that there If the Prime Minister had had his way, the will still be an award safety net, but an em- lowest paid workers would be getting $50 ployer will not have to be Andrew Johns to less per week in their pockets. He now has sidestep that situation. All an employer has his way. We see the result of that in this bill. to do is to include in the individual contract The first blow that low-paid workers are go- offered to a worker one sentence that says, ing to receive from the Fair Pay Commission ‘Penalty rates, overtime, leave loading et is that there will be a delay in the first hear- cetera are incorporated in the hourly rate of ing on the minimum wage. So workers will pay.’ The employer can do that because the be waiting for an extra 18 months to get any legislation does away with the no disadvan- kind of pay rise—again, another example of tage test. Currently, individual contracts are where this government is so out of touch compared to relevant award conditions, and with the realities of life for those 1.4 million the conditions in a contract cannot in aggre- Australians who are on the minimum wage. gate be less than the overall award entitle- The second measure that is going to leave ments. That ensures some fairness in the cur- workers in a worse situation under this pack- rent system. But this bill does away with the age is the shift to individual contracts. I use no disadvantage test. You can forget about the word ‘shift’ but of course that is not that. really right, because workers will be forced Individual contracts will be used to un- onto individual contracts whether they like it dermine wages and conditions that employ- or not. The fact is that workers could have ees are entitled to or were entitled to under chosen to be on individual contracts years the relevant award. A classic example of that ago, but they did not. Only four per cent of was the situation that we put to the Prime Australian workers are currently on AWAs. Minister in question time a couple of weeks But that is not good enough for the govern- ago—the situation of Tancred Fresh, which ment. Their ideological obsession has not is a fruit shop and a convenience store in been satisfied through choice, so this bill will Rockhampton in my electorate. In that situa- see workers forced on to individual contracts tion, workers were presented with a contract, that will cut wages and reduce conditions. and the contract offered to employees in- At the heart of this extreme legislation is cluded a clause that said, ‘Your rate of pay is the sidelining of the award system. The inclusive of leave loading, all allowances, safety net of entitlements and conditions penalties and public holiday pay.’ So award contained in the award system that workers entitlements were basically given away. In have relied on for fairness and security will that situation, they were offered 16c extra per become meaningless once this legislation is hour as compensation for giving away all of passed. The government has already chipped those award entitlements. The no disadvan-

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 77 tage test applied in that case—currently—so tions with one sentence, as we have seen in they in fact ended up getting $1.31 an hour the Tancred Fresh example. The no disadvan- more. tage test will no longer exist, so there is no The point is that under this system there outside scrutiny of the contract to see will not be a no disadvantage test, so you whether it is in fact fair against community could be asked in a contract to give away all standards—or what used to be community of those entitlements—penalty rates, over- standards in this country—and clause 104 time rates, leave loading and shift allow- says that signing an AWA can be a condition ances—and be offered no compensation. No- of your employment, so sign it or else. And, one is going to step in and say that that is not if you work for a business with fewer than fair, that it does not stack up to the prevailing 100 employees, even if you do sign the AWA award conditions. So the bill creates a world you can be sacked tomorrow for just about of ‘take it or leave it’ for workers: take the anything. lousy conditions on offer, even if they are That is a recipe for driving down wages less than you have been receiving under an and reducing conditions. It is a recipe for EBA or the award, or you are sacked, basi- creating a class of working poor in Australia cally. The bill makes it plain in clause 104 that we—in the Labor Party at least—have that it is not duress for an employer to re- spent 100 years fighting against. Whenever quire an employee to sign an individual con- the Labor Party have been in office, we have tract, an AWA. tried to ensure a situation of fairness and de- The third leg of this extreme attack on cency for every single worker in Australia. workers is the change to the unfair dismissal This bill should be condemned for the attack laws. We have heard from other speakers, it represents on working people. Working and we all know by now, that there is no pro- people are just doing their best to create a tection at all from unfair dismissal for work- decent life for themselves and their families. ers in businesses with fewer than 100 em- (Time expired) ployees. The protection that is there for Mr RANDALL (Canning) (7.26 pm)—In workers in larger enterprises with over 100 speaking on the Workplace Relations employees is totally illusory as well. Em- Amendment (Work Choices) Bill 2005 this ployers are now entitled to dismiss workers evening, I do so because it provides Austra- for ‘operational reasons’, and that has now lians with the opportunity to ensure their been drawn so broadly in this bill that it is prosperity for a generation. I reiterate that: almost meaningless. It could basically mean this is a golden opportunity that we as the anything. federal government will be seizing to pro- This legislation ultimately leaves workers vide an opportunity for future generations of incredibly vulnerable and insecure. It makes Australians in terms of prosperity. But, not to collective bargaining almost impossible. be dismayed, the Labor Party and the opposi- Everything is up for negotiation between tion oppose this measure. Listening to the employer and employee, but in a situation member for Capricornia just makes you real- where the government has made sure that the ise how irrelevant they are in the debate and worker has no bargaining power whatsoever. how irrelevant they are in the Australian The worker goes in to their employer; the electorate. contract is put in front of them, and that con- Ms Livermore—We’ll see about that. tract can eliminate prevailing award condi-

CHAMBER 78 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

The DEPUTY SPEAKER (Mr Bald- as a badge of honour. In fact, poor old Jill win)—Order! The member will refrain as Hall over there from whatever her electorate she leaves the chamber. is tried so hard for days to get thrown out Mr RANDALL—The member for Capri- because she wanted to go out and put out a cornia, for example, just spews out this press release saying, ‘I got thrown out be- rhetoric. Why doesn’t she stand up for her cause I made a noise about this issue.’ In electorate? We would have been far better off fact, some of them are even trying to be having Paul Marek in this place, because at named because they want to see in Hansard least he would have made a contribution, that they saw it as some badge of honour that unlike the member for Capricornia, who just they got thrown out on behalf of this issue— regurgitates the union line on behalf of her because their preselections are not far away. I political masters. know I hit a bit of a raw nerve in here the other day, mentioning some of these things. Why do the ALP oppose this legislation? They oppose it for 42 million reasons—in At the end of the day the union movement fact, it could be far more than 42 million. It are connected to the Labor Party. We know is because he who pays the piper calls the they are affiliated. We know that the front- tune. And who is paying the Labor Party, bench of the Labor Party either have a work- who controls them, but their union masters— ing history with the unions or must become the ones who control their preselections. union members. It is mandatory for Labor Party members in this House to belong to a Mr Dutton interjecting— union. If they are not a member, they have to Mr RANDALL—Bill Shorten is on his join one by the time they get here. They usu- way. Yes, we hear about that, Member for ally have a working history or a career in the Maribyrnong. I am sorry; I should not do union movement to get here. Nothing has that, but I do— changed. You saw who replaced the member Mr Sercombe interjecting— for Werriwa—another union hack in this Mr RANDALL—I am not allowed to bet place. Instead of bringing talent into the in this House, Member for Maribyrnong; House, they brought in another hack. They sorry. are not even trying to renew themselves; they are just putting in these stooges that have got The DEPUTY SPEAKER—The member some sort of pat on the back from the union for Canning will not respond to interjections. because have been good servants over the Mr RANDALL—Thank you, Mr Deputy years. Speaker, but can I say— The reason the Workplace Relations The DEPUTY SPEAKER—Nor will the Amendment (Work Choices) Bill 2005 has member for Maribyrnong make them. been brought before the House cannot be Mr RANDALL—that in this House we said any better than the Royal Commissioner know that the Labor Party are controlled by Cole’s comments on page 13, volume 11 of their masters in the union movement. Why the Final Report of the Royal Commission have they gone so feral in this last week or into the Building and Construction Industry. so? Because they are trying to demonstrate to I will refer to a couple of items. This is why their preselectors that they are engaged on this bill is before the House. He said: this. They want to be thrown out of the There is widespread disrespect for, disregard of House. A record number of people have been and breach of the law in the building and con- thrown out of this House because they see it struction industry. The criminal, industrial and

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 79 civil law is breached with impunity. Agreements lion without a heart; we are the ones who do made are not honoured. The result is that indus- not mind actually taking on the political trial power, not right or entitlement, determines challenge. outcomes. Short term commercial expediency prevails. I was a casualty of hard political reform when I was the member for Swan. In 1998 I He goes on: lost my seat, as 19 of us did on this side of The culture in the industry is that the criminal law the House, because we took a tough decision. does not apply because industrial circumstances That was the price we paid. People get con- are involved. The attitude is that the applicability of industrial law is optional because there is no fused. Disinformation campaigns and nega- body whose function it is to enforce it, or which tive campaigns are far more effective than has the will, capacity and resources to do so. positive campaigns. The people in the elec- In the following paragraph he says: torate of Swan, for example, thought the GST was going to be the worst thing that Head contractors and subcontractors are subject ever happened to them—that they would lose to severe cost penalties for delayed completion. their houses and their jobs. The Labor Party Industrial unrest and stoppages cause immediate loss from standing charges and overheads, and ran on that for three elections. Then they prospective loss from liquidated damages. went into roll-back. We know now how dis- In contrast, unions suffer no loss from unlawful ingenuous that was, because the states love industrial action. They know they will not be held what is happening as a result of that tax re- accountable for unlawful industrial action by the form package and in so many other areas. criminal, industrial or civil law. The result is in- In this bill we are taking the tough deci- evitable. Concessions are made based on short sions for the benefit of Australia and the pro- term, pragmatic, project profitability considera- ductivity of this country. Why is Australia in tions. The result is the rule of law is diminished. the position it is in today? Why is Australia a Productivity is diminished to the disadvantage of the Australian economy, contractors, subcontrac- stellar performer in the international com- tors and employees. munity from an economic point of view? It is because we have taken the decisions to de- Governments of both political persuasions, and at the Commonwealth and State level have been regulate and reform industry in many areas endeavouring to change the culture of the indus- so that productivity will increase. It is no try for at least 20 years. The findings of this miracle that Australia has achieved this. It is Commission make plain that those attempts have not that Australia is just falling in line with failed. world trends, as some people like to say. The In the final paragraph on page 13 he says: French thought it was fantastic recently To achieve cultural change, and re-establish the when they were able to go from 10.2 per cent rule of law in the building and construction indus- unemployment to 10.1 per cent. The new try, a comprehensive package of reforms is neces- French Prime Minister, Mr de Villepin—he sary. had only been there a month—claimed credit That is what is happening. That is what this for this marvellous improvement. The Ger- legislation is doing—‘a comprehensive man government is in disarray for the same package of reforms is necessary’. This gov- reason. It is a government in paralysis. It ernment are a government of reform. We cannot get on with any reform because it is take the hard decisions. We have got a bit of controlled by a severe Left agenda. The Ital- ticker when it comes to taking reform deci- ians are much the same. They would love to sions in this place. We are not the cowardly be able to get through their parliament the industrial laws that we proposing in this

CHAMBER 80 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 country. In fact, I was able to speak to mem- unlike all of the other states, 30 per cent of bers of a recent Italian delegation. They har- our work force is on an AWA. Because of the bour the wish to be able to do what we are strong mining and construction industry, 30 doing in Australia. per cent of Western Australians are on an Over the channel, it is no mistake that the AWA. They are voting with their feet, and I British are so productive and are going will address that in a moment when I com- through a huge economic boom. The real pare AWAs with the EEAs. labour leader in this world, Mr Blair, decided Employees not covered by agreements he would retain the Conservative reforms, will continue to work under awards. This is and he told them so right up front. As a re- what these reforms do. On dismissal laws, sult, the Brits have got high levels of em- instead of small businesses having to pay ployment and high levels of investment, and people go-away money—generally about their economy is bounding along in a stellar $3,000 to save going to court—we are going way. to protect small businesses with up to 100 What does this bill set out to achieve? I people so that they can get on with the busi- would like to go into all the details, but be- ness of making a profit and employing peo- cause of time I will summarise the govern- ple. They will be protected with regard to the ment’s main changes. The bill proposes a unfair dismissal laws. single national system, which 85 per cent of In relation to industrial action, the Indus- employees will be eventually covered by; trial Relations Commission will provide a and a Fair Pay Commission, which will see remedy for unprotected action et cetera wages set in a very fair way so that people within 48 hours. Secret ballots will be re- keep up. There was all that rhetoric from the quired. Shock, horror! The Labor Party hate member for Capricornia about wages going secret ballots. You have to put up your hand. backwards. The best thing that has ever hap- Many blokes on work sites will tell you— pened to this country is that we have had real and I doubt whether many on that side have wages growth of nearly 15 per cent in 9½ ever been on a work site; they are generally years. Under the Labor Party in 13 years they hacks in the union office rather than workers could only claim 1.2 per cent. They bragged on a work site—that they want a secret ballot about driving wages down. The so-called because, if they stick their hand in the air, great servants of the working class, which is they get their windows smashed on the way an absolute misnomer, claimed to have home. That is the intimidation that comes driven down the wages of the workers of this your way if you identify that you are going country. We have increased them by 15 per to go against some directive that the union cent. All the economic indicators support bosses give you. And we know the sorts of that. fun and games that go into that. Other reforms in this legislation include In 2000 only 16 per cent of Western Aus- the fair pay and conditions standards, which tralians were covered by federal industrial will include minimum conditions of em- awards. Yet, last year—this current reporting ployment et cetera. Employees may negoti- year—30.4 per cent were on those awards. ate individual workplace agreements. We Interestingly, after the previous government know that the Labor Party hate that. Latham in Western Australia, the Court government, said before the last election that he would was sacked and Geoff Gallop’s government wind them all back, yet in Western Australia, took power, they changed the award system

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 81 in Western Australia to what they call EEAs, paid at double time; and that employers will employee-employer arrangements. They are not have the right to sack an employee who a very draconian type of award and very few is affected by drugs or alcohol if the em- people in Western Australia want to be on ployee agrees to get counselling, regardless them. This is how unsuccessful they are: in of how many times the employee attends the the year 2004-05, only 162 of these awards work site affected by drugs or alcohol. This were finalised, yet at the same time 135,000 is in the arrangement that they are endeav- people joined a federal award. How is that? ouring to get people to sign on to in Western What does 135,000 compared to 162 tell Australia. Employees who are affected by you? The workers have made their choices drugs or alcohol will be allowed to continue and they are voting with their feet. They to work if they can demonstrate to a commit- want to be involved in the federal system tee of their peers, which includes union rep- because of the benefits it gives. They get resentatives and employee representatives, more money; they get more pay. They can that they can work safely. You could have a determine their conditions and make a flexi- bloke done up to the eyeballs on speed or ble arrangement. If you are a mum who has something, trying to demonstrate to the kids at school and you want to organise your blokes on site that he can work safely. I do time so that you can pick them up after not think so. school, you can. You do not have this one-off They also want productivity allowances of bargain that you have to take the pattern for $1.20 per hour, to be paid regardless of from the union dominated award. whether or not productivity levels are good. The CFMEU have been trying to badger Employers will be forced to pay $23.80 a their people onto this award system, but week for fares and travel allowance, even if some of the elements are bizarre. That is why the employee lives next-door to the work people do not want to be on these awards and site, and fares and travel allowance is to be employees just cannot work with them. paid even if the employee is on a rostered These are the latest CFMEU enterprise bar- day off and does not actually travel to work. gaining agreement demands in Western Aus- How bizarre is this? If the place were full, tralia for this year, which would come into people would be falling in the aisles laughing force in November. Some silly people either about this being imposed on employers. have been coerced into them or have just All employees finishing work after 11 pm decided to join them. The arrangement they must be provided with a hot meal. Too bad if are trying to put into place goes until 2008. I it is a hot summer night. Every subcontractor do not want to take up too much time be- on site—bricklayers, glaziers, carpenters, cause I have far more to say, unfortunately, tilers et cetera—is to employ a union im- but I will just read some of the things they posed safety representative, who is to be is- would like in this award. sued with one fully fitted-out office. That is a They would like the award to say that you fitted-out office for each union lackey. Em- do not actually have to be sick to take sick ployers will be forced to apply union negoti- days off; that sick leave can be converted ated wages and conditions to non-union into cash if not taken; that you get one paid workers to prevent employers from paying rostered day off every second week—in them more than union members. And it goes other words, 26 a year; that there will be a on. Redundancy pay also applies to an em- reduction in the standard hours of working ployee if he is sacked. Insurance is to be from 38 hours to 36; that shift work will be taken out. Personal accident and sickness

CHAMBER 82 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 income protection insurance for every em- that Mr Beazley would attack New Zealand’s ployee can cost up to three per cent of your genuine workplace reforms like that. payroll. There is heaps more there. I would To demonstrate, an article by Kim Mac- like to table that, but I have not got time. donald in the West Australian headed ‘Un- Ultimately, we know that the abuse of ion-deal sites hit most trouble: builders’ says: safety issues is borne out through the Cole Building sites which have union agreements cop royal commission. Every time the union more industrial flak than those which do not, ac- want to enter a site they talk about a safety cording to the Master Builders Association. issue, even if there is not a safety issue. … … … There is chapter and verse in the cases that Leighton general manager Ray Sputore ... said were listed in the Cole royal commission in some sites which had union pay deals were suf- Western Australia. I have referred to that in fering. this House before, so you can check that in “It’s an interesting observation— Hansard. These are the sorts of conditions Sputore said— the union would like to impose. that those who enter into certified agreements Interestingly, Australia currently has 5.1 with the unions are the ones that appear to be per cent unemployment. That is a record; it getting hurt by the unions ... has not been better for about 60 years. That Broad Construction ... Kari Rummukainen is because we have taken strong reform said— measures, as I said earlier. Yet today in the he— House the Leader of the Opposition pooh- poohed the fact that, although New Zealand would not sign the new union enterprise bargain- have taken similar sorts of reforms, they are ing agreement because— not lower than us. In fact, he was badgering he— us about the New Zealand experience. But it feared that the union would not honour the was pointed out by the Prime Minister after- agreement and would engage in spurious stop- wards that New Zealand are down to 3.7 per pages. cent. … … … Bizarrely—I remember these things—the A spokesman for John Holland ... said it would former New Zealand High Commissioner to not re-sign after its existing union agreement ex- Australia came to see me once because the pired in October— then Leader of the Opposition—and he is for the same sorts of reasons. So the industry reincarnated as the Leader of the Opposition are waking up. They are realising that this now; Kim Beazley, the member for Brand— government is going to give them protection. said, ‘New Zealand have low unemployment This government is actually interested in because all their unemployed people come to seeing people in jobs. It is interested in see- Australia.’ Can you believe he said that? He ing a generation of prosperity by taking the said that New Zealand’s unemployment level necessary reforms. It will reduce the ability is so low because their unemployed people of union officials to stick their bibs into the come to Australia to get a job. The New Zea- minority of workplaces. In fact, it will pro- land high commissioner came to see me. In- vide people with transportable skills, it will terestingly, his name was Randall but he was provide them with the ability to acquire new no relation. He was offended and appalled ones and it will take them into flexible workplaces. But the Labor Party offer doom

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 83 and gloom, as they did with the GST: ‘The Mr WILKIE—I just think that is a joke. sky is going to fall in. The world as we know Mr Randall—No, it’s not. it will finish today.’ We are actually getting Mr WILKIE—A member of the Liberal more people into the work force. They have Party in Swan, a particular person who was more money in their pockets. We will pro- one of Mr Randall’s supporters in the 1996 vide a golden era for Australian workers election, actually told me it was fine to pay from now on. Not only will they have jobs them less. from now into the future but this future will be secure and the futures of their families Mr Randall—You know it’s illegal, and will be secure because of these reforms, you should tell the truth. which I support. (Time expired) The DEPUTY SPEAKER (Hon. BC Mr WILKIE (Swan) (7.46 pm)—I sin- Scott)—The member for Canning was lis- cerely welcome this opportunity to comment tened to in silence. on the government’s extreme and unfair Mr WILKIE—‘It is okay to pay them Workplace Relations Amendment (Work less. At least the young bloke’s got a job.’ I Choices) Bill 2005 and its impact on work- thought that was a disgrace. This bill encour- ers, families and businesses in Swan and the ages that sort of practice. If nothing else, this wider Western Australian community. The bill exposes the stark differences between the member for Canning has just been talking conservative and Labor members of this about protecting small business. I agree with place when it comes to valuing Australian protecting small business, but what about workers and their families. It prompts mem- protecting workers? bers on this side of the House, at least, to I would like to give the member for Can- reflect on, be reminded of and acknowledge ning and the House an example of where the achievements of workers and their trade workers were being ripped off when he was unions in our great history. Most importantly, actually the member for Swan. I was finding it allows us to debate the legacy we would employment opportunities for young people like to leave our children and our grandchil- at the time and actually placed a young per- dren when they enter adulthood and take on son into a wrecking yard in the electorate. the responsibilities and privileges of jobs of This particular person ended up getting some their own. form of employment subsidy. Unfortunately, This side of the House will never succumb the employer decided, even though there was to the conservative ideology that workers a subsidy being paid to help this young per- should be treated as economic units in the son’s employment, what they should in fact pursuit of capital. The Labor Party and Aus- do was pay them less than the subsidy that tralian employees have worked hard—too was being provided. I raised this with vari- hard—for the respect deserved by our nurses, ous people and ended up getting this teachers, public sector employees, miners, changed. But the worker was told that if he bush labourers, computer operators and did not accept the lower wage being offered child-care providers to let it be destroyed by by the employer, even though the employer right-wing ideologues in the Liberal Party. was getting more by way of subsidy, he was For 100 years we have maintained these going to get sacked. Under this legislation principles and earned the respect of nations that is fine; they can sack them. throughout the world. At the end of the day, Mr Randall—It’s illegal. of course, the Howard government may suc- ceed in usurping the Australian Constitution

CHAMBER 84 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 and its own liberal traditions of federalism workers. He claims personal credit for the and states’ rights and in guillotining these increase in the minimum wage under his obnoxious and extreme laws through this rule. I can only say that William Shakespeare parliament. At that hour business councils must have been looking 500 years into the will no doubt pop their champagne corks, future when he wrote: ‘God has given you and ‘the silks’ along avenues like Perth’s St one face, and you make yourself another.’ George’s Terrace will start planning their The minimum wage has indeed increased next overseas holiday on the back of their since the election of the coalition in 1996— union-busting court appearances. despite John Howard, not because of him. If But, if government members think the Mr Howard and his corporate mates had had fight against this draconian and extreme bill their way, the minimum wage would cur- will go away after it is passed, after the ral- rently be $50 a week, or $2,600 a year, lower lies are held and after families settle down to than it is today. Maybe the Prime Minister enjoy perhaps their last holiday period to- would be happy if the average wage was gether, they are deluding themselves. This is $2,600 a year. I was in China two weeks ago, a fight that will continue until the next elec- and I noted that some of the poorer people tion and it is a fight we will win. were lucky to be receiving $US200 to $US400 a year. I wonder whether that is the How could workers and families in the sort of system the Prime Minister would like federal electorate of Stirling, for example, to see in place in Australia. not be outraged by the comments of its Lib- eral representative in this place? I was Let me remind the House that had the shocked to read in last week’s community Howard government’s submissions to the news that at a recent meeting with workers Australian Industrial Relations Commission from his electorate the member said he from 1997 through to 2005 been accepted would rather workers be unfairly dismissed there would have been a real reduction in the than see businesses burdened by unfair dis- minimum wage, not the increase granted by missal laws. What a travesty. What an insult the commission—which, in any event, the to workers and families in his electorate. Prime Minister opposed. Even now, the What did one of those workers who met the Prime Minister refuses to guarantee that the member for Stirling have to say? This is value of the minimum wage will be main- what a 25-year-old child-care worker who tained in real terms. He refuses to guarantee felt strongly enough over the government’s that all Australian families will be no worse bill to visit her local member of parliament off under his industrial regime. Privately, the said: ‘I was really disappointed at Michael Prime Minister knows that, in the long term, Keenan’s attitude. He just didn’t seem to care workers will be ripped off. what these laws are going to mean for people The Howard government is so concerned who work.’ with the welfare of the Australian family that Of course, the member for Stirling does it will not even honour a commitment given not care what these laws mean for people to the Family First Party that it would prop- who work. Nor do the member for Canning, erly assess key legislative changes and how the member for Hasluck, the member for they might impact on families. In fact, the Higgins or, most definitely, the member for Prime Minister ‘conned’ Family First—and I Bennelong. The Prime Minister would have hope this will be remembered come the next us all believe he is a friend of Australian federal election. These reforms are considered so fundamentally important to the future

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 85 of Australia’s economy and so crucial to im- tion. I was prompted to visit its web site after proving working conditions for workers and receiving postcards at my office imploring profits for business that the Prime Minister me to act against the government’s extreme will not even agree to publicly debate his industrial relations changes. The Social Ac- case with the Leader of the Opposition. What tion Office makes a number of powerful is he afraid of? He sat here yesterday in points in relation to the bill we are discussing question time and refused to debate these tonight and I would like to share them with issues on national television, even though he the House. It states: was so enamoured with them. There is a These changes have the capacity to fundamentally word for the Prime Minister but, unfortu- alter the fabric of Australian workplaces and soci- nately, I cannot use it in this place. ety at large. The truth of the matter is that we have a … … … Prime Minister who is bereft of ideas and Until now employers have been urged to follow bereft of initiatives. When it comes to indus- certain steps – ‘procedural fairness’ - in dismiss- trial relations, he is stuck in the 1970s and ing an employee. his ideas are as stale as last week’s bread. If … … … attacking working families in Swan is the With the proposed changes there will no longer be Prime Minister’s only plan for increasing access to low or no cost independent umpires in Australian competitiveness and productivity, the Australian Industrial Relations Commission then it is definitely time for him to pull on (AIRC) for workers in companies with less than his slippers and head off to his retirement 100 employees. Although all employers will still home—if, in fact, there is a place available, be bound by anti-discrimination and unlawful because we also know that under this gov- dismissal laws (for example, a worker cannot be sacked while on leave) the reality is that workers ernment there is a shortage there as well. His on minimum wage levels are highly unlikely to Treasurer refuses to release modelling from have the financial resources to privately challenge his own department that would indicate the a dismissal, unlawful or otherwise, in the legal government’s extreme reforms, at best, system. The changes remove the legal require- would have little impact on productivity. ment upon the employer for the fair treatment of Let us not forget the Minister for Em- workers. This means that employers could effec- ployment and Workplace Relations. This tively dismiss workers at will with no recourse for the vast majority of workers. minister roams the country like some western movie snake oil salesman, his wagon The AIRC is already required to take into account the size of a business in considering unfair dis- being steered by the member for Goldstein in missal claims and compensation. case it falls into a ravine. Sadly, this bill drives the wages and working conditions of Let us look at what the Social Action Office all Australian workers into the crevasse. If has to say about awards, AWAs and the no the Minister for Employment and Workplace disadvantage test. It states: Relations were forced into an AWA based on Australia’s IR system has evolved over the past his productivity, he would be lucky to be 100 years and has been quite unique in the world paid enough to afford an Amanda Vanstone through its recognition of unions as bargaining style milkshake. parties with legal rights and awards that compre- hensively fixed wages and conditions. This sys- I have been reading some insightful com- tem has moved since the late 1980s toward ments this week from Queensland’s Social greater flexibility, with industry and workplace Action Office, a Christian based organisa- agreements. Enterprise Bargaining Agreements (EBAs) are collective, certified agreements most

CHAMBER 86 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 often negotiated with support from unions. The cause: ‘Well, we are paying the award wage.’ Federal Government preferred Australian Work- But the work was filthy, so people deserved place Agreements (AWAs) are, theoretically, more to get a little more by way of wages and individualised agreements between employer and conditions. But the employer just could not employee but workers under these agreements work it out and thought, ‘Well, the guys had have also had the safety net of the “No Disadvan- tage Test”. This means that, under the present a job; they should be grateful.’ But, unfortu- system, no worker can be forced to work to an nately, the conditions were so bad that peo- agreement that would see them, on balance, ple would not stay. Again, this bill will en- worse off than their current industry award. courage that sort of behaviour by employers. Under the Coalition Government’s IR changes the The Social Action Office goes on to say: “No Disadvantage Test” will be scrapped. Domestic evidence and international experience While the Government claims no workers already has shown that AWA type agreements are ‘rarely employed by an organisation or company will be beneficial for the vast bulk of employees’. forced to sign AWAs that lower their wages and The Social Action Office also points to the conditions the reality is that this is already occur- research conducted by 17 of Australia’s top ring in the current system that still has reasonable IR and labour market academics who have protections for workers. This would likely worsen compiled a report card on the proposed under the new IR regime. changes. In their overview, they list four … … … critical labour market challenges facing Aus- The scrapping of the “No Disadvantage Test” will tralia: labour and skill shortages exacerbated leave workers vulnerable to exploitation and, if by an ageing population; productivity slow- they work for a business with less than 100 em- down; work-family tensions; and the growth ployees, without recourse to conciliation and arbi- of low-paid, precarious employment. As the tration. Social Action Group states, this group be- One inherent problem with AWAs is that, while lieves that on all the available evidence there they are marketed by government and business groups as providing freedom for individuals to is no reason to believe the proposed changes negotiate their employment contract, AWA nego- will do anything to address these issues. tiations are not played out on a level playing field. They agree, however, that the government’s The only option and ‘freedom’ may be to accept a proposals will undermine people’s rights at standardised AWA already worked up by the com- work; deliver flexibility that is most likely to pany/employer: to accept wages and conditions be one-way—in favour of the employer; do, well below what is currently maintained under the at best, nothing to address the key challenge No Disadvantage Test and award system or no job of work-family issues; have no direct impact at all. on productivity; and disadvantage individu- One causal effect of this in the ‘marketplace’ may als and groups already most marginalised in be ‘churning’ at the bottom of the employment our society. pond: a significant turnover of staff, particularly of those without skills, experience or the ability to In my home state of Western Australia, the negotiate a beneficial contract and who are now Gallop government has won the past two more vulnerable to unfair dismissal. elections on the promise of a fair industrial When I was finding employment opportuni- relations system that reconciles the interests ties for people, I actually experienced that. A of business with the rights of workers. Cen- company in Maddington, which made lad- tral to this commitment was the abolition of ders, could not work out why it had gone the system of individual contracts initiated through 200 employees in six months be- by former Premier Richard Court and his industrial relations minister, Graham Kierath.

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 87

I would like to convey to the House and to posed to volunteer their time to make these members who may not have the experience things happen? This is the sort of impact in of this individual contract regime that, under the long term that this government’s indus- Mr Court and Mr Kierath, the average mini- trial relations measures will have. The Minis- mum wage in Western Australia fell behind ter for Workforce Participation, who is at the that of workers in other states. That is right; table, laughs. He laughs because he thinks the very same system lauded by the Prime that that will be good; it will be good be- Minister actually resulted in WA falling because employers will be able to do that sort hind in terms of the minimum wage. Equally of thing to employees. It is a disgrace, and I frightening is that the wage disparity be- intend to oppose it. tween men and women also increased mark- My message on behalf of the constituents edly. One of the most sinister aspects of the of Swan is: kill this bill. I am joined in this system in Western Australia was the use and message by the member for Victoria Park, abuse of labour hire companies to get around the Premier Geoff Gallop; the member for the minimum protections—and I mean Belmont and Deputy Premier, Eric Ripper; minimum—offered by Mr Court and Mr and the member for Kenwick, Sheila Kierath. McHale. All those state electorates are in my It is equally clear that the bill we are cur- electorate of Swan. Families do not want to rently debating does nothing to stop corpora- see balaclava-clad henchmen and rottweilers tions establishing an intricate spider’s web of standing in front of businesses in Swan to associated companies to ensure employee carry out laws based on the Prime Minister’s numbers fall under the 100-strong threshold. antiquated views. On Tuesday, 15 November, As some businesses devise elaborate ways of thousands of workers and their families in reducing employee costs and conditions, Western Australia will be taking part in a even well-meaning and employee-friendly national day of community protest. Meetings businesses will be left with no option but to will be taking place in WA from Kununurra adopt a similar tactic in order to remain in the north to Albany in the south. I urge all competitive. Tenuous employment condi- Western Australians to attend one of these tions will leave many employees and their events. I certainly look forward to joining young families unable to get mortgages and community members, church leaders and loans. Working parents will face greater workers and their families on the shores of pressure to work long hours. This will impact the Swan River on that day, when Western not only on relationships but also on chil- Australians will voice their disdain for this dren. government, its out-of-date leader and, par- Last Sunday morning, I had the pleasure ticularly, this bill. of being part of the opening of the Belmont Mr BRUCE SCOTT (Maranoa) (8.05 Little Athletics centre. This is a fantastic ef- pm)—The Workplace Relations Amendment fort, with hundreds of young children from (Work Choices) Bill 2005 takes the modern around the area competing in games. But it approach to industrial relations in this coun- can only work when they have the support of try. This bill will move Australia towards a families and of volunteers. Under the sort of single national system of industrial relations, legislation being introduced by this govern- a single system which has been needed for a ment, these people will be forced to work long time and which is absolutely essential to longer, so how are they supposed to take ensure a stronger economy, a secure future their children to practice? How are they sup-

CHAMBER 88 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 and a fairer and simpler system for all Aus- policy. The people in the constituencies of tralians. Labor members would want them to look at Since Federation, Australia has managed each piece of legislation and then decide to accumulate something like over 130 dif- their approach rather than to take their ferent pieces of industrial relations legisla- marching orders but, obviously, many Labor tion, more than 4,000 different awards and members have been threatened with their six different state based workplace relations preselection if they do not step into line. systems operating across the country. This The Labor Party—I should say the unions, current system is holding Australia back. It is through the Labor Party—are running a mis- holding us back from being able to realise leading and dishonest scare campaign. The our full potential as a country able to grow Labor Party have, once again, all stepped in and as workers able to mix their family and behind this funded unions campaign. They work responsibilities, and it is holding us have exposed the public to a dishonest cam- back from growing our great nation’s wealth. paign. They are causing confusion across the It is also holding back business and workers nation. It is dishonest and it is misleading. alike from achieving their full potential. It They stand condemned for those television, was that great Premier of Queensland Sir Joh radio and newspaper ads that they are run- Bjelke-Petersen who summed up the reason ning across Australia, because they are mis- for this statement a long way back in 1987 at leading the people of Australia. To set the the HR Nicholls Society conference, and I record straight, this legislation will protect will quote from his speech. He said: workers’ rights. We are not taking them At the heart of the problem of Australian indus- away. If the Labor Party had bothered to look trial relations lies the extraordinary power of the at what we will protect, what will remain, in ... trade unions. this legislation then they would understand. It is unfortunate that nothing much has If they were thinking for themselves, rather changed with the approach of the unions to than letting their union bosses think for industrial relations since that date. They have them, they would see that we are offering an extraordinary foothold on the Labor Party more flexibility. Workers will be able to ne- across Australia. This has recently been illus- gotiate an agreement, or use a union to nego- trated in this place by the bandwagon ap- tiate an agreement, which will assist them to proach that Labor have taken to dealing with manage both work and family commitments these industrial relations reforms. in our modern world. The union said no to the Labor Party even The world has changed since Federation, before the legislation was produced. The but the Labor Party has not. Unions have Leader of the Opposition, as weak as he is, played a role in the past and, under this legis- could have at least stood up to the unions and lation, they can play a constructive role in said, ‘We will have a look at this legislation,’ the future. But that will be at the will of the but he decided immediately to step into line worker—if the worker wants the union to be with the unions and to march with them. The involved in negotiating their wage outcomes. Labor Party’s policy approach to these mod- It is undeniable that this government has ern industrial relations amendments that we achieved a great deal for the Australian have brought forward in this bill is dictated economy since we came to government a to them by people not elected to this parlia- little over 9½ years ago. We have put the ment. That is the way the Labor Party make economy into one of the strongest positions it has been in for 30 to 40 years. We have

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 89 one of the lowest unemployment rates since I mentioned earlier that there are some man walked on the moon. Interest rates are at 4,000 award conditions in Australia which historically low levels, and we want to keep workers have to try to interpret. Some of them there. As a reform measure this legisla- these are nothing more than ridiculous. In tion will ensure that the economy will grow this House the other day, some of the award and that we can keep downward pressure on conditions relating to the pastoral industry interest rates with the productivity gains that were mentioned by the Minister for Agricul- can be shared between workers and busi- ture, Fisheries and Forestry. Given my elec- nesses. torate and my background, I am pretty well We stand by our record since coming to qualified to make comments about the ri- government. Members on the other side of diculous nature of some of those award con- the House ask us, ‘Can you guarantee that ditions under the pastoral award. workers will not be worse off under this leg- Mr Deputy Speaker Causley, you and I islation?’ The Prime Minister’s and my an- have just come from the launch of Beef Aus- swer, and I am sure all members on this side tralia 2006. Next year those beef producers of the House’s answer to that, is that we will hold an expo in Rockhampton to dem- stand by our record. We will compare our onstrate the modern approach that the beef record of the last 9½ years with the record of industry is taking to genetics, marketing, the 13 years of Labor when they had the breeding and processing. Treasury benches in this place prior to 1996. I will read some of the provisions of the That measure of our success—our record—is pastoral industry awards into the Hansard demonstrated by the fact that, since we came tonight. Under the federal award, for in- to government, real wages in this country stance, you would get an allowance for a have risen by 15 per cent above the CPI. If horse of $5.30 per week and an allowance you compare that with the real wage infor a saddle of $4.23 a week. Under a pas- creases for workers in Australia when Labor toral award in South Australia, you would was in government for 13 years, you will access a similar allowance of $5.03 per week find that it was a little under two per cent for supplying a horse and $4.02 for supply- above the CPI. Those figures speak for them- ing a saddle. However, if you are employed selves. by the Queensland Rabbit Board, you get Unemployment is currently at historically only $3.16 for a horse and $2.50 for a saddle. low levels. However, some of the highest Why are there different rates of remuneration unemployment that we have seen in this between the South Australian award, the fed- country since the Great Depression was the eral award and the Queensland Rabbit Board result of the then Labor government’s poli- award for supplying a horse or a saddle or cies. We all remember the high interest rates both? It is different under the cattle industry and the recession that the country had to award in the Northern Territory: the saddle have. Then Treasurer Keating brought on a allowance is only $3.70 per week, yet in recession that destroyed many small busi- South Australia it is worth $4.02 and under nesses in this country. The dream of many the federal award it is worth $4.23. But in the Australians to own their own home was de- Northern Territory, while you get $3.70 a stroyed by the Labor Party and the recession week for your saddle, you get nothing for that the Labor Party said that this country your horse. These are ridiculous, outdated had to have. award conditions that should no longer apply. They could be negotiated in a voluntary

CHAMBER 90 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 work agreement between the employer and just to handle the sheer volume of different employee. That agreement would reflect an pay awards and entitlements. He believes outcome that would be agreeable to both the that with a single national award system he employer and the employee. would have saved thousands of dollars and Having come from the wool industry, I would have been able to put more people remember the wide-comb dispute in this into work. He went on to explain to me that country’s shearing industry. I will never for- he has available 118 apprenticeship places get the bans that the Australian Workers Un- that he cannot fill at the moment. He believes ion put on shearers, their own union mem- that the sole reason for this is that would-be bers, preventing them from using wide apprentices are deterred by the low base sal- combs in shearing sheep. In simple terms, ary and the highly complex and complicated these combs would have allowed shearers to system of additional entitlements. If only the shear more sheep in a day and, because each Labor Party would listen to the people who shearer is paid on the number of sheep that are really at the coalface trying to put people they shear in a day, they would have earnt into jobs, connecting workers to employers! more money in a day. But, no, the AWU— They should listen to people like Bob Fulton the unions again—banned the use of wide of the Golden West Group Training Scheme. combs in the industry, even to the point of I repeat: Bob has to pay 500 employees of sending union officials out to shearing sheds the Golden West Group Training Scheme to make sure that no-one was using them. It under 60 different awards. was the eventual arrival of New Zealand Another key significant figure in my elec- shearers in Australia—to the frustration of torate who has publicly declared his support many Australian shearers and encouraged, of for the legislation and highlighted how it will course, by wool growers wanting to increase have a positive and strong effect on people basic productivity within their industry—that right across Australia, although he was talk- ultimately broke the back of the union’s ing about south-west Queensland, is Ken stranglehold on a measure that would have Murphy, the Chairman of the South-West led to greater productivity and greater take- Region of Commerce Queensland. He stated home pay for the shearers themselves. It is on 28 October this year: yet another example of the Labor Party and “Implementing the WorkChoices package will the unions being in a time warp. They are in benefit the South West Region through higher another time in history. productivity, more job opportunities, and scope The pressing need for Australia to have for more productive and secure work which gen- one industrial relations system can be illus- erates higher living standards.” trated by a real-life example from the Chief It is all about profits for the employer, be- Executive Officer of Golden West Training cause profits will create more job opportuni- Solutions in my home town of Roma, Bob ties which will create a stronger economy. Fulton, who is well known in the community. The current 4,000 different award conditions In a recent conversation that I had with Mr are complex and complicated and do not al- Fulton, he informed me he has to pay 500 low the flexibility that a modern worker employees of the Golden West Group Train- wants. I think what Bob Fulton and Ken ing Scheme under 60 different awards. That Murphy have said openly and publicly in my is obscene in itself. But even more frustrat- electorate has adequately illustrated how the ing for Bob was having to purchase a com- current industrial relations system is redun- puter and computer program worth $30,000 dant in a modern Australia.

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 91

Workers in a modern Australia want to be would be right if he were with us again to- able to negotiate conditions which will allow day. them to easily manage work and family re- It is a travesty that the unions and the La- sponsibilities. It is important to remember bor Party are standing miles away from us in that the Australian family of yesteryear is a bid to have the ingrained and outdated pre- now a moment in history and that, as family sent system continue to hold Australia back responsibilities and expectations change, so from achieving its full economic potential. I too do the working requirements of employ- commend the bill to the House. It has my ees. The government recognise this fact, and strong support. I know that Australia will be the bill allows for the flexibility today’s a stronger and better place when this legisla- modern workers desire—flexibility to nego- tion is implemented across Australia. tiate their working agreement. In turn, busi- Mr GEORGANAS (Hindmarsh) (8.25 ness employees will assist in improving and pm)—I rise to speak on one of the most fun- growing their employer’s business and, damental issues facing Australian society equally, improving their personal wellbeing today—this coalition government’s industrial by having work conditions which they nego- relations policy. I oppose the Workplace Re- tiated to suit their position and, importantly, lations Amendment (Work Choices) Bill their work location. 2005. Regardless of what the previous Before I conclude, I would like to quote speaker, the member for Maranoa, had to some statements from the great former Pre- say, of course the unions are fighting. They mier of Queensland and former National are fighting the fight of their life: they are Party leader, Sir Joh. He said at the HR fighting to maintain workers rights; they are Nicholls Society conference that he spoke at fighting to maintain the minimum wage; they in 1987, which I mentioned at the start of my are fighting to ensure that they keep leave speech: loading, overtime pay and everything else We will never increase our productivity whilst our that they have fought for for the Australian industrial relations machinery is built upon foun- public for well over 100 years. dations of an earlier age whose structures are now irrelevant ... entrenched opposition to change is a This bill is specifically designed to drasti- relic of the past which will continue to drag us cally curtail the working conditions and un- down unless we outgrow it. dermine the living standards of ordinary He went on to to say: Australian working people. It constitutes an unprecedented class offensive being waged I know that, in the future, we will stand shoulder against the working men and women of Aus- to shoulder in this great endeavour to restore our nation’s future. tralia. It is nothing less than an attempt to turn back the clock to the 19th century and Back in 1987 he was talking about people reinstate a master-servant approach to indus- standing shoulder to shoulder to restore this trial relations in this country. great nation’s future. At that stage, the Labor Party had governed in this place for almost Before turning to some of the more con- four years. Tragically, they went on to gov- troversial components of the government’s ern through until 1996. They brought on the package, I would like to briefly touch upon recession. We saw the highest interest rates two matters that highlight the contempt with this country has ever seen and had record which this government is prepared to treat unemployment. Sir Joh was right then and he the Australian public. The first concerns the Orwellian language that it has shamelessly

CHAMBER 92 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 employed. Over and over again the govern- have a profound impact on the economic ment has resorted to falsehoods and deceit in wellbeing and job security of our fellow Aus- the lead-up to the introduction of this legisla- tralians. Yet this government is hell-bent on tion. Just like in Orwell’s classic Nineteen pushing the bill through as quickly as possi- Eighty-Four, key words and phrases used to ble and with as little debate as possible. support this draconian bill mean exactly the With an issue of such importance to the opposite of what the government claims they entire community, you would have thought it mean. essential that sufficient time be made avail- Two examples will perhaps suffice to il- able to provide the community and the par- lustrate this point. The Prime Minister and liament with the opportunity to digest the his workplace relations minister incessantly government’s proposals and to come to grips claim that this legislation is all about provid- with their far-reaching implications. At the ing workers and employers with choices and very least, two or three months should have have gone to the extent of labelling the bill been put aside to enable full public consid- Work Choices. In fact, the bill is all about eration of this very important bill. That the strengthening the bargaining position of em- government is prepared to use its numbers to ployers at the expense of working people. force the bill through with only a minimum For many millions of Australian workers, the of scrutiny highlights the contempt with only real choice they will have once this leg- which it is prepared to treat both the public islation is passed is to accept exactly what and the parliament. their employer decrees or lose their jobs. A key aim of the legislation is to shift The other example concerns the new body workers from industrial awards and collec- to be set up to determine minimum wages— tive enterprise agreements onto Australian the so-called Australian Fair Pay Commis- workplace agreements, known as AWAs. The sion—which the government wants to use government’s rationale is that this will en- not to increase the real value of the minimum hance workplace flexibility, stimulate pro- wage but instead to reduce it in line with its ductivity growth and, in turn, lead to higher far right ideology. In Britain, at least the wages. While the legislation may result in government had the honesty to label such a increased flexibility, this is likely to be a body as the Low Pay Commission. The hy- one-way street. Employers will be able to pocrisy and dissembling which have charac- demand greater flexibility from their work terised the Howard government’s handling of force, but only under exceptional circum- the industrial relations debate have debased stances will it be possible for workers to the English language and, in the process, benefit from any increased flexibility. further eroded public confidence in the par- Penalty rates, rostered hours, overtime liament. payments and other allowances are all at risk The second preliminary matter I feel under this government’s brave new world of obliged to raise involves the obscene haste flexible working arrangements. Most at risk with which the government has sought to will be the lower paid, particularly women rush this legislation through the parliament. workers, who already bear the brunt of the The bill is almost 700 pages long. It is the work-life collision. We should all be working most radical raft of industrial relations to improve the balance between work and changes that have been introduced in this our family lives—not making it worse as has nation in more than 100 years, and it will been the case under this government.

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 93

Nor is the government’s package likely to gone to the extent of legally sanctioning the increase productivity. Profits might increase, use of duress by employers to force young but there has been no evidence put forward workers, and for that matter any other work- by this government that suggests that its dra- ers, onto AWAs. conian proposals will improve productivity. This government’s proposals will also re- On the contrary, the low-wage philosophy sult in the stripping of industrial awards: ex- which underpins its proposals runs the risk of isting conditions will, over time, be elimi- locking Australia into a low productivity nated or cut back to the bare minimum. No economy. At a time when we should be longer will the award system provide a safety building the skill base of the Australian work net. Award conditions will no longer be pro- force in order to improve our international tected by law. competitiveness and paying people a decent What is worse, Mr Howard’s legislation wage in the process, this government has provides employers with numerous options embarked on a divisive campaign to roll for removing workers’ existing conditions, back the hard-won gains that have made even where they have expressly chosen to Australia a great country and a land of op- work under collective agreements. This may portunity. not happen overnight; it is likely to be a slow The government’s claim that the AWAs burn. It is, nevertheless, central to the gov- will result in higher wages is also false. Av- ernment’s agenda. For instance, once a col- erage full-time adult non-managerial hourly lective agreement has expired, all an em- ordinary time earnings are higher for work- ployer has to do is give the workers 90 days ers employed under collective agreements notice in order to declare the workplace than for those employed under AWAs. award free and collective agreement free. Women on AWAs have been particularly Once this is done, the only obligation on the hard done by, earning 11 per cent less than employer is to comply with the government’s their counterparts on collective agreements. minimum employment conditions. These so- And while workers on AWAs experienced an called ‘guaranteed’ conditions are four weeks 11 per cent drop in earnings between 2002 annual leave, personal leave, parental leave, and 2004, those on collective agreements had a limit on the number of ordinary working an average increase of six per cent. hours and the minimum wage. But even here The most vulnerable workers, however, all is not what it appears to be. The govern- under this government’s package will be ment has made it clear that it is prepared to young workers. The Prime Minister has yet allow annual leave to be reduced to two to explain how a 16- or 18-year-old can pos- weeks a year and has already flagged its in- sibly bargain on an equal footing with BHP tentions to reduce the real value of the mini- Billiton, Holden, Woolworths or, for that mum wage. This is a government ideologi- matter, medium-sized or small employers. cally committed to institutionalising unfair- They will simply be told: ‘Take it or leave it. ness. There’s a hundred people waiting at the door This is also evident from the government’s to sign that very contract that you won’t proposals for the treatment of unfair dis- sign.’ Young people are going to be ripe for missal. Protection for workers from arbitrary exploitation of the worst kind. It is already dismissal has been a feature of Australia’s happening—we know that—but under this industrial relations landscape for many dec- government’s package exploitation will be ades. It is integral to any sense of industrial institutionalised. The government has even

CHAMBER 94 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 fairness. Despite this, the government has absence. Hardly surprisingly, the claims have decided to proceed with a platform of ex- been dismissed out of hand by serious com- tremely regressive proposals. For several mentators. As expressed by one leading re- years, the government has indicated its inten- searcher, Dr Paul Oslington, who has at- tion to limit unfair dismissal protection to tempted to model the government’s claims: workplaces with more than 20 workers. Prior Even if we do the simulations as optimistically as to the introduction of this bill, it declared that we possibly can, you can’t get any substantial unfair dismissal protection would be avail- impact on employment. able only for workers who had an employer By any objective standard, unfair dismissal with a work force with more than 100 work- legislation is an industrial relations issue in ers. This proposal apparently did not go far need of some tweaking here and there. That enough. We now find that even in the case of this government is prepared to jettison any employers with more than 100 workers it sense of even-handedness in this area is a will be possible to also dismiss people on the reflection of its ideological obsession and the grounds of so-called ‘operational’ necessity. lengths it is prepared to go to to placate the This is an incredibly elastic formula that will more reactionary elements within the busi- essentially allow employers to sack workers ness community. on the flimsiest of pretexts provided it can be Almost two million workers, approxi- dressed up as an ‘operational’ requirement. mately 20 per cent of the Australian work At the stroke of a pen, millions of Australian force, depend on the minimum wage. His- workers will be disenfranchised from protec- torically, increases in the minimum wage tion against arbitrary dismissal. have been set by the Australian Industrial The government claims that its unprinci- Relations Commission. Since coming into pled position on unfair dismissals is designed office in 1996 this government has consis- to assist small business, although it now tently argued for minimal increases in the looks as though this claim will have to be minimum wage. The minimum wage is cur- amended to include the big end of town as rently $25,188 a year. If the government had well. Do not get me wrong: Labor is not op- had its way, the minimum wage would only posed to a review of procedural fairness in be $22,500 a year. That is $50 a week, or relation to unfair dismissal legislation. But $2,600 a year, less than what has been this government’s jackbooted approach will awarded by the Australian Industrial Rela- set job security in this country back 100 tions Commission. Over the period from years—and along with it the quintessentially 1997 to 2005 the minimum wage increased Australian notion of what we have all known by 9.2 per cent in real terms. Had this gov- as a fair go. This government seems deter- ernment’s approach been adopted by the mined to throw out the baby, the bathwater Australian Industrial Relations Commission and the bath when it comes to unfair dis- the minimum wage would have fallen by 1.6 missal law. per cent in real terms. The government also claims that existing The government argues that the increases unfair dismissal provisions discourage em- awarded by the Industrial Relations Com- ployers from employing more workers. Es- mission have priced the unemployed out of timates by members opposite vary, but fig- the labour market. Its solution is lower ures as high as 80,000 have been bandied minimum wage increases and, in real terms, around. Empirical evidence to back up these a decrease in the minimum wage. Yet during claims, though, has been conspicuous by its

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 95 this period jobs have continued to grow. In sioners to be adversely affected. For Labor it the last five years, for example, jobs growth is totally unacceptable that older Australians has been in the order of 10.4 per cent. In should end up as collateral damage in this other words, although there have been real government’s reckless campaign to cannibal- increases in the minimum wage there has ise Australia’s industrial relations system. also been an increase in employment and a Trade unions have played a vital role in fall in unemployment. The government has our society over the last 100 years. They chosen to ignore these inconvenient facts. have made a major contribution to raising the Instead, it has opted to shoot the messenger living standards of ordinary working people by removing the Australian Industrial Rela- in this country. The trade union movement is tions Commission from its traditional role in still the largest voluntary organisation in wage setting. It will be replaced by the mis- Australia. Trade unions have acted to curb named Australian Fair Pay Commission. Al- the worst excesses of our industrial society though nominally independent, members of and have sought to enshrine human dignity this commission will be determined by the as a right for all, not just for the rich and government and will have fixed terms of privileged. Many of the human rights and appointment. From the outset, the commis- industrial conditions we take for granted are sion will be under pressure to adopt the gov- the direct result of many struggles over many ernment’s position on minimum wage in- decades by many working people committed creases. If the government’s track record is to building a better society. These gains have anything to go by this is likely to result in now been placed in great jeopardy. reductions in real terms in the minimum This government has an ideological hatred wage. Once again, fairness will be sacrificed of trade unions and in this bill has gone to on the altar of ideological obsession. great lengths to shackle their ability to act on The damage will not, however, stop there. behalf of Australia’s working men and A lower real minimum wage will inevitably women. This government’s legislation is have a spillover effect on other wage earners, nothing less than a full-frontal assault on the since it is the base upon which many other rights of working people to organise in de- wage levels are set. This in turn, over time, fence of wages and working conditions. It may well have the effect of reducing the real seeks to make access to workplaces by union value of wages for workers who earn more representatives much more difficult, it seeks than the minimum wage. In doing so it may to curb the right of workers to take legitimate also reduce in real terms average weekly industrial action, it seeks to provide the min- earnings. In addition, as increases in the old ister with extraordinary powers to interfere age pension are linked to increases in male in industrial disputes—which, incidentally, average weekly earnings, any reduction in are at a historical low—and it seeks to im- the value of male average weekly earnings is pose harsh penalties for even the slightest bad news for pensioners. As you are aware, infractions by workers or their representa- Madam Deputy Speaker, I have the honour tives. In short, this bill is an attempt to get of representing the people of Hindmarsh, rid of unions while not actually prohibiting which has the oldest age profile of any elec- them outright. torate in Australia. If we go through the same This policy is as short-sighted as it is vin- experience as New Zealand did when it de- dictive. Increasingly, public policy in Austra- regulated its labour market in the 1990s then lia has been dominated by corporate business we can expect the living standards of pen-

CHAMBER 96 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 interests. If we are to have a vibrant democ- ever-increasing pressures that Australian ratic society it is absolutely essential that we families have to contend with. In doing so I have countervailing forces that can challenge also called for a return to the traditional Aus- the dominance of the big end of town. The tralian ethos of a fair go. With this bill this trade union movement has been an important government has made it abundantly clear part of this countervailing coalition. If we that it is not interested in the welfare of ordi- truly value our freedoms and our way of life nary Australian families or in the fairness we need to defend trade unions. Not only are that in the past has helped make Australia trade unions necessary to protect and ad- such a great place to live. While we may lose vance the interests of ordinary working Aus- the vote on this bill in this place I can assure tralians, they are also essential to ensuring you that Labor will repeal this odious piece that our society does not end up simply being of legislation at the first opportunity. With an adjunct of big business. the support of the Australian people, this This bill is without doubt the most nasty could be as early as 2007. and divisive legislation that has been intro- Mrs GASH (Gilmore) (8.44 pm)—I rise duced into this parliament in living memory. to speak in support of the Workplace Rela- What makes matters worse is that it is as tions Amendment (Work Choices) Bill 2005. unnecessary as it is regressive. The govern- It was the Hon. Justice Michael Kirby who, ment’s industrial relations program is at best in an address to the Industrial Relations So- a fourth-rate issue that has been shoved up ciety in Victoria, late in 1996, said: the public policy agenda because of a 20- I think it is fair to say that, over the course of the year ideological obsession nurtured by the century, the High Court has, by almost impercep- Prime Minister and his acolytes. The gov- tible steps, taken in a multitude of decisions, ernment has at no stage put forward a coher- gradually enlarged the power of the federal Par- ent and reasoned case that would warrant liament to enact laws with respect to conciliation such a drastic overhaul of this country’s IR and arbitration of industrial disputes. The recogni- laws. Much of its argument for change is tion that other heads of federal power, notably the corporations power, could be used to sustain laws premised on the simplistic view that a de- on industrial relations, clearly circumvented many regulated labour market is the best, indeed of the problems that had bedevilled governments, the only, way forward for Australia in terms and industrial relations in Australia, during the of employment growth and prosperity. This first half of the century. is despite the fact that there are many coun- Justice Kirby was acknowledging that, like tries, particularly in Europe, which have everything else in this world, nothing stands more regulated labour markets but which still but continually evolves. This legislation also have higher living standards and better is a part of that evolutionary process as much employment outcomes than is the case in as the record of ‘wins’ by the ACTU of ever Australia. In this respect we could learn increasing employment conditions. I went to much more from countries such as Norway, the ACTU web site where even they proudly Sweden, Denmark and the Netherlands. This claim ‘a new era of industrial relations’. would be much more preferable than con- They said: tinually seeking to impose the worst aspects The election of a Federal Labor Government in of the American system on the Australian 1983 ushered in a new phase in industrial rela- community. tions. Madam Deputy Speaker, when I made my first speech in this place I referred to the

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 97

The web site goes on to list the achievements the changes we see in this bill. If we are to of the ACTU where amongst the milestones encourage further job growth, create more are the words ‘the right to be given notice taxpayers and discourage dependency on our and to be consulted about changes at work social security system, we need to re- such as new technology, planned retrench- appraise those elements that have been hold- ments, new working arrangements’. This ing us back. effectively signals a new phase of domina- I have been on both sides of the fence, tion in the workplace by groups who do not both as employee and employer, so I can have to invest one brass razoo in a capital claim to have a balanced view. Many in the venture. trade union movement have not been in that I well remember several years ago reading position yet persist in arguing that they about an industrial dispute at Sussex Street, should dictate terms to the industrial rela- where a couple of workers were retrenched tions landscape in Australia. You need only by the Labor Party. When the shoe was on look at the Labor Party benches in parlia- the other foot, there was deafening silence ment to see the monopoly of union workers from the unionists—no grandiose rhetoric and members, whereas we on the govern- about fairness and the right to work or ment side have a wide range of business ex- whether the dismissal was unfair. No, the perience. hard men of the Labor Party, pragmatic as Australia’s industrial relations system has ever, put the lid on the matter and moved on been a strange mix of free market economics without a care in the world for the workers embedded with a regulated labour market who were claiming they were unfairly dis- and, depending on which side of the fence missed. Even in one of their union-held fo- you are standing on, has been described as rums I recently attended in Kiama, there was ‘successful’. But it is only successful when a former ALP worker speaking about how the economy can afford to absorb some of unfairly he was treated by his own union—to the counterproductive aspects of these ar- be very quickly silenced by the union leader, rangements. There is little flexibility in the Bill Shorten. Seldom will the union move- current arrangements because they are based ment have to make such a decision, but when on precepts built upon from the time of Fed- they did they were found wanting. eration. Now it is necessary to adjust to the Mind you, I need to give credit where reality of contemporary society. credit is due. Many of the concessions extri- I acknowledge the expressions of concern cated from employers by the standard of the that are out in the electorate but in a way day were fair and reasonable. But that does they are reminiscent of the events surround- not mean that they must be set in concrete ing the introduction of the GST, which you until the end of time. Many concessions were would well remember, Madam Deputy clearly very generous, some won at a time Speaker Bishop, being in Gilmore at that when the bargaining power of the employer time. So you do not have to go too far back was clearly stacked against them. Whilst cer- to see the ‘chicken little’ strategy of the La- tainly not unique, Australia’s experience was bor Party unfolding. ‘“We’ll all be rooned,” one where over time the industrial laws ag- said Hanrahan’, to paraphrase a famous gregated to favour the employee and their poem. But, as events turned out, we were organisations. One could argue that the not, and the ‘roll-back’ commitment soon domination of the union movement over the went out the window like a puff of smoke. last three decades has brought about some of

CHAMBER 98 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

But I hear that the Leader of the Opposition the actual practice soon became discrimina- has again said that if he wins the next elec- tory in favour of the person bringing the tion he will roll back these reforms. complaint, in a lot of cases much to the The emphasis of the argument against this costly detriment of the employer. Instead, bill has focused on the concept of ‘fairness’ this bill has provision for unlawful dis- but surely that depends on where you are missal—specific provisions spelt out so that standing. Is it fair to expect that, with eco- it is not open to bias based on opinion. nomic fluctuations, wages and conditions In a way, it is a response to the very poli- should not move and should remain fixed in cies of the labour movement that is being the face of falling profits? If a component of reflected in this legislation. The inflexibility business is not performing effectively, should of conditions has forced employers into it not be replaced? There are many busi- casualisation at the expense of membership nesses out there doing it tough right now, of the union movement. It is no surprise that, none more so than what is described as a over time, union membership has plum- microbusiness, one that is a family-run busi- meted, to the degree that small business ness with a handful of employees. With prof- owners now outnumber trade unionists. its falling, they still have to meet their obli- With Australia competing in the global gations, with wage costs being the biggest market more so now than ever before, how component. Little wonder that industry has relevant is it to retain provisions more suited progressively increased the amount of casu- for a time long gone? We need to be ready to als it employs, simply to retain some degree meet the economic contingencies thrown up of flexibility in a volatile environment. Yet by a volatile world and, with the present in- the unions and the Labor Party continually dustrial laws, we are not well placed. There bemoan the casualisation of industry. They has to be a greater degree of flexibility, pur- cannot see that it is primarily their efforts pose-built to suit specific industries. That that have contributed to this outcome. might mean that the conditions of employ- And what of the employee? Surely they ment might vary from one workplace to an- also deserve to have enough confidence in other, even though they may appear similar the future as a casual to invest in a mortgage. in practice. After all, the health of a business This bill has attended to that by providing a predicates employment potential, and no-one safety net of uniform standards, protected by can disagree with that. legislation, guaranteeing a number of basic Already there is ‘black money’ out there, conditions, called the fair pay and conditions where people enter into an arrangement to do standards. So, whilst the inflexibility of the work without entering into an employment award system has been removed, there are contract. That is a high-risk proposition in still provisions in place to protect the worker. the face of a myriad of employment laws that It has been said that there is no redress for businesses have to contend with, but people unfair dismissal, yet that is not entirely true. are prepared to take the risk. They weigh that Since the inception of unfair dismissal legis- up against the fact that they cannot enter a lation, the test of what constituted unfairness formal employment contract because of the has been subjective, dependent very much on high cost involved relative to the profit of the opinion of who was hearing the case their business. So it is manifestly unfair to rather than being guided by legal principles. impose conditions whereby people have to So, whilst the intention may have been good, take these risks: the employer, with the pos-

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 99 sibility of being discovered bypassing their change to their ability to balance their work legal obligations; and the employee, deciding and family responsibilities. Our population is that cash money suits their purposes better, ageing, our birth rates are low and relation- because at least they have some income and ships between men and women are changing, will not pay tax. so women are seeking to play a greater role In my role, I am aware of episodes where in workplaces, and men are expecting to employers have been threatened by union- spend more time raising their children. Our ists—industrial blackmail and standover tac- economy is relatively strong after 14 years of tics made possible by the dominance of the good growth. We have low unemployment, trade union power under present laws. I my- but taxes are at unprecedented levels. Our self have been threatened, and this is just not foreign debt is dizzyingly high, and the on. Some sanity has to be brought back to Howard government’s refusal to invest in the Australian industrial relations system, education, training and infrastructure is a real including the many different awards that ex- block on our economy. All of this means that ist, especially in the hospitality and retail work does have to change, but this is not the industries, the backbone of small business. change we need. This bill seeks to standardise provisions The extreme legislation the government is where at present there are overarching agen- proposing will not lead to productivity in- cies whose role and power are lost on most creases but will trash family living standards people in the street. They are also lost on and workers’ pay and conditions. It is all many employers, who are not lawyers but pain and no gain, except perhaps for the largely simple people with simple notions as worst employers, who think that they can to how things ought to work. Yet here they compete with China and India on wages. are, every day at risk of prosecution for fail- These changes will affect the most vulner- ure to comply with something that takes a able workers the most, but our whole society court of law to decipher. Where is the justice will change over time as work becomes a in that? seven-days-a-week activity, with no time left over for volunteering, sporting commitments The thrust of this bill is long overdue. I or family life. am confident that, in time, the fears being enunciated by the other side will be allayed. I The government’s extreme Work Choices concede that there may be cases of unscrupu- legislation is bad for families, because indi- lous employees, as there are unscrupulous vidual contracts are not family friendly. employers. But, to those in fear for their jobs Longer hours and ad hoc work timetables do because of what they have heard, I can only not work with family schedules. Flexibility is echo the statement by one representative of a necessary, but this has to be two-way flexi- peak employers federation, who observed bility which takes account not only of em- that no employer wants to get rid of a good ployers’ needs but of workers’ caring respon- employee, and no employee wants to work sibilities. Barbara Pocock, a well-known au- with a bad employee and carry a dispropor- thor and academic in this area, says: tionate share of the workload. Who does? I Workers with family responsibilities need a se- commend this bill to the House. cure living wage; adequate, predictable common family time (including social work time and holi- Ms PLIBERSEK (Sydney) (8.55 pm)— days); flexibilities that meet their needs, including Why is Work Choices bad for families? Aus- the opportunity for leave and to work part time; tralian workers have been crying out for a

CHAMBER 100 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 protection for excessive hours; and quality, acces- guarantee of not being unfairly sacked be- sible affordable childcare. cause of caring responsibilities; and no guar- This legislation of course delivers none of antee that their wages will rise with the cost these. On top of that, it delivers none of the of living. economic benefits that the government is The government will tell you that it will claiming. still be unlawful to dismiss someone for their The Prime Minister, the Minister for Em- caring responsibilities. That is cold comfort ployment and Workplace Relations and $55 to someone who is told that they are no million worth of advertising propaganda longer required for ‘operational reasons’. keep telling Australians that Work Choices They may think that it is because they have will be good for families, but no-one who had to take time off to look after their child has seriously looked at this legislation be- who has been home sick with chickenpox, lieves that. The government’s argument is but unless their employer is stupid enough to that workers will be able to negotiate terrific say, ‘That last bout of chickenpox was the new family-friendly conditions into their thing that did it,’ they have no protection individual contracts. I can just picture a from being unfairly sacked. cleaner at a school walking in to the boss of I said before that the evidence does not the cleaning business and saying, ‘Listen, I bear out the fact that individual contracts can won’t be able to work overtime on Thurs- be family friendly. It does not. Research days. That’s the day my little boy plays soc- from the Department of Employment and cer, and I have to drive him to soccer.’ There Workplace Relations that came out in 2004 are plenty more cleaners out there to take showed that 92 per cent of all AWAs did not that person’s place. provide paid maternity leave, 95 per cent did The notion that vulnerable workers will be not provide paid paternity leave and 96 per able to negotiate family-friendly provisions cent did not provide unpaid purchased into their individual contracts is just a non- leave—the ability, for example, to buy extra sense, and it is not borne out by research in leave during school holidays by taking a re- this area. Many people with caring responsi- duction in your pay. The same data showed bilities already have minimal bargaining that penalty rates were lost in more than half power. They will not be able to individually of individual contracts; that annual leave was negotiate good working conditions without lost in more than one in three, 34 per cent, the minimum protections that they are cur- individual contracts; and that sick leave was rently relying on. traded away in more than one in four, 28 per Under Work Choices, there are a number cent, individual contracts. Employees should of areas which could previously be included have the right to choose to be covered by a in awards and which will now be excluded. collective agreement. The attempt by the Someone with caring responsibilities will government to encourage more employees have no guarantee of starting or finishing onto AWAs does not bode well for these times; no legal guarantee of minimum or ‘family-friendly’ provisions that the govern- maximum hours; no legal protection as to ment claims employees will be able to nego- notice for changes in working time initiated tiate into their AWAs. by the employer, including when they might It is not just the pay and conditions that be antisocial hours; no legal support for workers will lose that is the problem; it is flexibility for them to achieve variations; no also the job insecurity. Other Labor speakers

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 101 have told the parliament about the problems like the extra income. That is terrific. The with unfair dismissal and what that will thing is that those extra hours have to have mean for Australian workers, so I do not in- some predictability and they have to be tend to cover that area in any great detail. I properly compensated. If people are giving want to focus on the insecurity of hours that up time with their family then they should be workers face. Family budgets and family properly compensated for doing that, particu- timetables depend on predictable hours of larly if that is on Sundays, public holidays work and predictable take-home pay. Making and late nights. home arrangements—who is going to pick A recent report published by Professor the kids up from child care, how many hours Michael Bittman from the University of New they will spend at child care, who is going to England, Sunday working and family time, cook dinner for grandma, who is going to says that people working on Sundays gener- take the kids to soccer or who is going to ally work a full day and do not make up that play netball on a Wednesday night—all de- time with their families later in the week. pends on some predictability. On top of that, This is a very significant finding, because it unpredictable hours mean unpredictable in- is not as if people will be working the extra come. If a person does not know what they hours on Sunday but, gee, they will have are going to be earning next week, it is very Wednesday off to spend with the kids. It does difficult to get a car loan, let alone a mort- not work that way. People are working Sun- gage. The unpredictability that workers are days and they are giving up time with their looking at in this area is certainly going to families. Sure, flexibility is necessary, but affect not just their family arrangements but, that is not simply flexibility for the employer in the long run, also their income. to say, ‘I’ll have you on Sunday and I will Penalty rates for working weekends, pub- have you here till 10 o’clock on a Tuesday lic holidays, shiftwork and nights are all up night.’ for grabs. The difference this is going to In regard to leave arrangements, the pro- make to the family budget is substantial. We posal from the government for workers to be are looking at an average of $240 a month in able to sell annual leave or cash out their penalty rates for workers. Believe it or not, I lunch hour is extremely worrying, not just say to some of the members opposite: $240 a for the effect it would have on family lives— month for ordinary families is a great deal of I do not know how, with four weeks each of money out of the family budget. It can make annual leave, the majority of parents cover the difference between being able to afford a 12 weeks of school holidays as it is—but mortgage or not. also for the significant effect it would have Longer hours and ad hoc work timetables on the health and morale of Australian work- do not work with family schedules. Longer ers. If we are going to have people working hours, in particular, are having a dramatic through their lunch hour and not taking any effect on Australian families. We are annual leave, we are not going to have a par- amongst the longest working people in the ticularly happy or healthy work force in fu- OECD. Data from the Office of the Em- ture years. ployment Advocate shows that one in three The notion of the 38-hour cap under Work workers on individual contracts last year was Choices is, of course, absolutely fanciful. working more hours than they did two years Government advertising says that the 38- previously. Of course, some people do not hour week is guaranteed, but almost com- mind that. They like the extra hours and they

CHAMBER 102 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 plete flexibility is given to employers. The heard a lot today in question time about how 38-hour week is averaged over a year. You the changes in New Zealand that this gov- could be working 70 hours for 10 weeks and ernment is lauding have led to very low pro- you have got to take it on trust that sometime ductivity growth, half the rate that we have down the track in the year your employer is in Australia under the current workplace ar- going to make this up to you by giving you rangements. The government also talks about time off. What will happen with pay? Will how terrifically flexible the United Kingdom you be paid for 70 hours one week and for is. It is curious that the government does not only 10 hours later in the year? What does look at what is happening with family- that do to the family budget? friendly workplaces in the United Kingdom. Young people starting out in the labour In the UK, the laws give employees the right market, in particular, and anyone who is un- to request different hours, a different ar- able to bargain with confidence will have rangement of hours and a different place of their working times set at the whim of the work. For example, people can request the employer. Workers will not know when their ability to work from home, rather than at the employer is breaching these conditions be- employer’s workplace. cause, without a whole year’s worth of hours The government is quite keen on quoting accurately recorded, they will not be able to Tony Blair, talking about fairness starting judge whether the 38-hour average has been with access to a job. I agree: fairness does met. So they could work 70 hours a week for start with access to a job, but it does not fin- 10 weeks, taking it on trust that later in the ish there. We should not say that people year they will be working less—and conse- should be so desperately grateful for any job quently losing money—or they could work with any conditions that they have no right to for 70 hours a week for 10 weeks and then have a life outside of work, yet this is what get the sack. What would happen in those the government is suggesting. In the United circumstances? Kingdom employees are able to make rea- Section 91C of the Workplace Relations sonable requests and employers are expected Amendment (Work Choices) Bill 2005 says to consider reasonable requests. Even these that an employee must not be required to very weak statutory protections—the right to work more than 38 hours on average and make requests and the expectation that the ‘reasonable additional hours’. What does that employer will consider these requests—have mean? Does that mean that the 38-hour aver- meant that workers seeking to vary their age actually applies at all? Does it mean the conditions to meet their care needs have ac- annual average could exceed 38 hours a tually had a pretty good hearing from em- week? What are the ‘reasonable additional ployers and there has been a substantial in- hours’? This, in combination with the poten- crease in positive employer responses to tial to abolish penalty and overtime rates, these requests. It is actually not that hard to means that apprentices or workers could be arrange work to take into account people’s working 70 hours a week for 10 weeks at a caring responsibilities. With a bit of creativ- time with no penalty rates for that sort of ity and a bit of intellect, most employers can work. I think most Australians would see this do it. But the legislation that has been placed as completely unreasonable. before us by the government makes this much harder. It takes us back to the 1970s, The government keeps talking about how when these sorts of provisions were we compare with countries overseas. We unthought of.

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 103

Australia has a very poor record when it Another provision was that up to eight comes to legislated paid maternity leave and weeks of unpaid parental leave after the birth this legislation does absolutely nothing in of the child would be available for parents to this area. I know, Madam Deputy Speaker take simultaneously. But this Work Choices Bishop, that lately you have been giving a legislation says that Australian fathers have great deal of consideration to issues such as no choice to take more than a week of leave paid maternity leave and how to make it eas- at the same time as their partner after the ier for families to balance their work and birth of the baby. What nonsense is this? We caring responsibilities. Here we have this are talking about greater choice for Austra- major rewrite of Australia’s industrial rela- lian families and terrific flexibility, yet we tions universe and, instead of improving are writing into legislation provisions that conditions for Australian families and mak- make it harder for families to spend time ing it easier for them to balance their work together at the birth of a new baby. What sort and caring responsibilities, we have a gov- of industrial relations provision is this? What ernment that is taking us backwards to the sort of a country is this where we, in 2005, 1970s. are making it harder for families to spend I have spoken a little about the difference time together at the birth of a child? that forcing people onto AWAs will make, Some of the quotes that we have heard and I have talked about the difficulty for em- about this legislation are phenomenal. Dr Jill ployees in balancing work and family when Murray warns that this will turn parents’ their work is unpredictable. There are also rights back to the 1970s. She says: some curiously idiotic provisions in this leg- It’s a tragedy for families. It is going to be islation which I would like to draw the desperately hard for them to achieve a work- House’s attention to. Other countries are im- family balance because they are in a situation of proving their family-friendly labour provi- basically unregulated bargaining. sions. Norway is looking at extending their Rosemary Owens from Adelaide university year of paid parental leave by another week says: so that it will be over a year, but what are we The five basic standards do not include any of doing? We are actually making it harder for the protections and it is very possible under the people to take time off at the birth of their new regime that employers will override the stan- baby. dard set by the— The work and family test case run in the Australian Industrial Relations Commission Australian Industrial Relations Commission in the family-friendly test case. Instead of provided that Australian workers would be abolishing the independent umpire, the gov- able to make reasonable requests to their ernment should have been looking to incor- employers for a doubling of unpaid parental porate the principles of the work and family leave from 12 to 24 months and for a return test case into our workplace relations envi- to work part time after parental leave until ronment so that families would find it easier the child is school aged. The employer can to balance their work and family responsi- consider the request and can refuse on rea- bilities. (Time expired) sonable grounds, such as cost, lack of ade- Mr MICHAEL FERGUSON (Bass) quate replacement staff, loss of efficiency or (9.15 pm)—I rise to speak in favour of the the impact on customer service—pretty Workplace Relations Amendment (Work broad grounds. Choices) Bill 2005 tonight not because I am

CHAMBER 104 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 a member of the Liberal Party but because I lections and major policy decisions. This is believe this great country deserves and needs something which is not well understood by a the benefits that workplace relations reform majority of Australians. However, I can as- can bring. My support for Work Choices is sure the House that the old-timers who voted informed by being a member of the Howard Labor in the fifties, sixties, seventies and government, which has demonstrated year eighties are as unimpressed with today’s La- after year since 1996 its authentic commit- bor as the young Tasmanian timber workers ment to the true welfare of ordinary Austra- who rallied for fair timber policies in 2004. I lians. After all, this government has built an support this legislation because I believe economy with the strength to withstand some Australians deserve an economy that will be major crises, with the ability to deal with strong enough to remain competitive in a social problems and with the ability to live global market for decades to come and to up to community aspirations. maintain a decent standard of living. These include returning the annual gov- The federal Liberal government has al- ernment budget from a $10 billion deficit to ready significantly reformed the federal consistent surpluses; the repayment of nearly workplace relations system to introduce all of Labor’s $96 billion national debt; flexibilities. That these reforms have brought magnificently withstanding the Asian eco- increased productivity and economic pros- nomic crisis; reducing unemployment to a perity is, I think, beyond doubt. However, 28-year low of five per cent; real tax reform, further reform is needed. The current process opposed by Labor, then promised to be rolled for reviewing the minimum wage is known back by Labor and today supported by La- as the annual wage case and is settled by the bor; substantial income tax cuts, most re- Australian Industrial Relations Commission. cently opposed by the opposition; new and Unions invariably make an excessively high more generous family benefits, most of claim in the knowledge that they have to ask which have best assisted lower and middle- for much more than they really want. Em- income earners; historically, the highest ever ployer groups invariably argue for the lowest government spending on family assistance, amount possible. The AIRC invariably public health, education and national secu- chooses a number somewhere in between. rity; and containing inflation to ensure an There is no sense in having such a confronta- environment which can reduce interest rates tional approach on an issue of national im- to the ones families enjoy today. There are portance which will directly affect both low- many more examples I could give. But the paid workers and the national economy. point that I am trying to make tonight is that With regard to awards generally, there is the Howard Liberal government understands still a need for establishing genuine mini- this country and its people and knows that it mum standards over and above which em- does have a duty to govern in the national ployers and employees at workplace level interest without being sold out to sectional should be free to negotiate further wages and interest groups. conditions through a simplified agreement- The Liberal Party has as a central belief making process. The existing system of six that it should not be beholden to any single different industrial relations systems does interest group. This could never be said create confusion for enterprises with work- about the Labor Party, which is constitution- places in more than one state, resulting in ally controlled by the thuggish union bosses, compliance obligations under different in- who have a major say on Labor Party prese- dustrial laws. The limitations of operating

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 105 with six different systems have been recog- I also believe very strongly that Austra- nised by numerous stakeholders and com- lians deserve better than to be lied to. When mentators from a wide political spectrum for people in my community of Northern Tas- many years. mania have come to me with their concerns, May I say that having separate industrial I have listened. But what they have been dis- relations systems has already been recog- honestly told about these reforms by the nised by the state of Victoria, which joined a government’s critics disappoints me beyond federal system years ago under Jeff Kennett. words. There has been a dishonest smear Now in its second term, Steve Bracks’s La- campaign by people who oppose this bill. bor government has not taken back those The Labor Party and the unions are making powers. I think this puts paid to any sugges- much of their fabricated claim that people tion that the states must resist the new sys- would be worse off under these new laws. tem in order to protect workers’ entitlements. They grin from ear to ear at their success in We have six different industrial relations raising alarm in the community. They should systems, over 130 different pieces of em- instead hang their heads in shame for delib- ployment related legislation and over 4,000 erately lying to people. different awards operating across this coun- Like many of my colleagues, I have had try. Quite simply, there are too many rules correspondence on this issue from local peo- and regulations that make it excessively hard ple in my electorate. I am concerned that for many employees and employers to get many of my electors in Bass have been lied together and reach an agreement. Again this to. The perpetrators will not correct the re- makes no sense. Why such suspicion for an cord, so tonight I will try to do it. I have agreement between a boss and a worker? proof, for example, that the Australian Edu- The reforms in this bill will move Austra- cation Union has told my constituents that lia toward one simple national system of the federal government will be stripping workplace relations, establish the Australian away holiday pay, long service leave and Fair Pay Commission to protect minimum even superannuation; none of this has any and award classification wages, enshrine truth to it. Labor and the unions have told my minimum conditions of employment in fed- constituents that the reforms will result in eral legislation for the first time ever, intro- lower wages; this too is wrong. duce the Australian fair pay and conditions Labor and the unions have told older peo- standard to protect workers’ wages and con- ple in Bass that the reforms will result in the ditions in the agreement-making process, age pension being decreased. I heard that simplify the workplace agreement-making stated in this place only last night by a mem- process, provide modern award protection ber opposite. That false claim fills me with for those not covered by agreements, provide disgust. Unlike the previous Hawke and a more flexible framework for dispute reso- Keating governments, the Howard govern- lution, better balance the unfair dismissal ment has guaranteed, by law, automatic in- laws and, importantly, expand and improve creases in the age pension linked to inflation the federal union right-of-entry regime. or to increases in male wages, whichever is There is a case for change, and that change the higher. Linking the pension to the state of must occur in a way that does protect both the economy has been a wonderful initiative workers’ and employers’ rights and does put to assure our older Australians that their pen- the needs of politicians and big unions sec- sion will keep pace. ond.

CHAMBER 106 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

It has also been claimed that the objective were unable to find a job in March 1996 but of Work Choices is to allow the business who are in gainful employment now? Si- community to unilaterally determine peo- lence. ple’s pay and conditions. It is interesting to Since 1996, the government has been able note that this is the same claim about work- to create the right economic conditions for as place agreements that the unions made al- many Australians as possible to get a job. I most 10 years ago in a bid to scare workers want to say to the people of Northern Tas- into thinking they would be forced to work mania that, although our employment situa- for lower wages. The truth is that workers on tion is much better, many people still want a AWAs today earn more than 13 per cent job. How do we help the 2,632 people in more than those on collective agreements Bass who are still out of work? Do we ignore and a whopping 100 per cent more than them and leave the present system as it is? those on awards. It also has to be said that, Do we tell them to go to university? Do we under this legislation, a worker is very much remind them repeatedly that there is a skills entitled to continue with the relevant award crisis, a skills shortage and ‘There are plenty and not enter into an agreement, if that is of jobs out there. Just go and get one’? what they want. The point of this legislation I say to the union bosses, the spin doctors, is not to force agreements on to people but to the Labor machine and the small band of respect an agreement made in the workplace, campaigners in Launceston handing out their if it can be amicably reached. deceptive brochures, ‘Stop manipulating the Concern has been expressed about Work facts.’ Let us have a debate on this important Choices as it relates to the unemployed. The issue. But all sides of this debate must tell Howard government has a strong track re- the truth about these proposals and about cord in keeping the economy strong while at each other’s alternative or lack of alternative. the same time reducing unemployment. I am They must not make false claims. They must particularly proud of the reduction in unem- not alarm the public with well-thought-out ployment in my electorate of Bass, in North- lies. If there are faults with the legislation, ern Tasmania. In March 1996, the unem- point them out. Let us debate them. Let us ployment rate, at 9.9 per cent, was almost 10 take them to the Senate committee that will per cent. At that time, there were 4,439 peo- be examining the bill next week. May I say ple unemployed. By June 2004, that rate had how poorly the Australian public are served been reduced to 7.9 per cent; and, by June by politicians who are less than honest and this year, it had been slashed to 5.6 per sneakily acting as puppets for an outside or- cent—a long way from those worrying days ganisation. of almost double-figure unemployment. The main way to create jobs is to encour- Critics of this government’s agenda never, age the business sector to do well, to grow ever mention unemployment. In my time and to employ more staff. Anyone with a here, neither did I hear Mr Latham nor have I genuine interest in helping to create the right heard the current Leader of the Opposition conditions knows this. By reforming the make reference to falling unemployment. I economy in line with previous reforms, busi- have never heard any Tasmanian Labor iden- ness can get on and do its thing, knowing full tities make reference to the remarkable em- well that there are plenty of safeguards for ployment achievements occurring in North- their workers that they must obey. If you ern Tasmania. How then do they explain believe in creating more jobs with the oppor- themselves to the 1,807 people in Bass who

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 107 tunity for higher wages, then you must vote tion. Many Australians already work on pub- for this bill. lic holidays and weekends, because the work In less regulated countries, the employ- they do is essential or it is required to be per- ment outcomes are bright. In the United formed on a continuous basis. It is what Kingdom, the unemployment rate is closer to keeps the economy strong and our standard four per cent, while in New Zealand it is less of living high. There are 10 standard public than that. No comparisons with China or In- holidays in Australia, including Anzac Day, dia are needed or warranted. The United Good Friday and Christmas Day; all are de- Kingdom and New Zealand are our Western clared under state or territory legislation. less-regulated cousins, both under Labour Under Work Choices, there will be no governments. Here in Australia we too changes to these arrangements. clearly are making the right decisions. With Work Choices is also about protecting and the growing use of Australian workplace developing Australia’s small businesses. In agreements, there is strong productivity my electorate of Bass there are around 5,000 growth. Industries that are still locked into small businesses which contribute to the lo- the old award system have had little or no cal economy in many different ways every productivity growth in recent years. day of the year. Along with the rest of the Work Choices will create a simpler and small businesses throughout Australia, they fairer system, with more flexibility and more provide close to half the private sector jobs job opportunities. It will also provide effec- in this country, but for a long time they have tive protections for employers and employ- been dealing with a workplace relations sys- ees. The new and totally independent Fair tem that is adversarial, awkward, outdated, Pay Commission will be established to deal legalistic and complex. For years, small with such matters as minimum and award businesses in this country have argued that wages. Under Work Choices, unlike what we most employers and employees are capable have heard from the government’s critics, of making their own arrangements. It is no federal awards will not be abolished. In fact, wonder that there is a call for changes to our the government will protect a number of complex system. Work Choices will deliver a award conditions, such as long service leave, simple, straightforward lodgment-only sys- to ensure that award reliant employees now tem for all agreements. They will be lodged and in the future continue to enjoy the bene- with the Office of the Employment Advo- fits of those provisions in their current cate, they will commence on the date of awards. lodgment and they will need to meet the fair pay and conditions standard—the new na- Work Choices will protect specific exist- tional safety net—throughout the life of the ing award conditions when new workplace agreement. agreements are negotiated. These conditions are public holidays; rest breaks, including Small business owners have also argued meal breaks; incentive based payments and against unfair dismissal laws. Work Choices bonuses; annual leave loadings; allowances; will exempt businesses with up to 100 em- penalty rates; and shift overtime loadings. ployees from these laws. Employees will still Superannuation and long service leave are be protected from unlawful termination, like already covered by other legislation; the some forms of discrimination, irrespective of government’s support for these is as strong the size of the business. Under Work as ever, as well as for choice in superannua- Choices, a person cannot be sacked on the basis of sex, race, age, pregnancy, political

CHAMBER 108 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 views, union membership or even refusing to this government can wind back the clock and agree to sign an AWA. If an employer has a create the class divide it believes to be right staff of more than 100, an employee retains and proper, with the rich to get richer, the the right to claim unfair dismissal if neces- poor to get poorer, the boss with total con- sary in the Australian Industrial Relations trol—managerial prerogative, to the uniniti- Commission. ated—and the worker alone with no voice or It is my strong conviction that, overall, a means of uniting against the unlimited Australian families, including those in my power of those in control: the bosses. I ask: electorate of Bass, will be better of under for what? Why are we doing this? I cannot Work Choices. There will be more job op- see any reason. I cannot see any justification portunities; greater workplace flexibility; for this load of tripe before the parliament new, real jobs for those on the margins of today. It is not even new tripe. It is merely a employment; and stronger protections for case of old wine in new bottles—rehashed workers with family responsibilities. I look legislation, rehashed ideas from a govern- forward to watching the economy benefit ment and a Prime Minister bent on destroy- from the necessary reform, particularly in ing our very way of life to see his ideological regional areas of our great country. I will be obsession realised. voting for this bill because I take my respon- I did a search on workplace choice on the sibility as a passionate advocate for Northern ParlInfo database earlier today, and what Tasmania very seriously. Industry and those came up? Information not on the Workplace who agree with the government need to ap- Relations Amendment (Work Choices) Bill preciate and properly respond to any con- 2005 but on the bill with the best Orwellian cerns which may be expressed by their name that I have ever come across in this workers or members of the community. Also, joint—the Workplace Relations Legislation I trust that those who disagree with my posi- Amendment (More Jobs, Better Pay) Bill. tion will at least know that, in reaching this That is right; that is what ParlInfo actually decision, I have taken the time to listen to the came up with: the Reith dogs and balaclava views of my community, and I am confident number of 1998. That is fantastic. That is that this is the right way to go. We have a what ParlInfo comes up with. A press release duty to properly balance the rights and re- on this bill said: sponsibilities of all parties in a workplace The central tenet of the Coalition’s workplace and a duty to ensure that our national econ- relations policy “More Jobs, Better Pay” is to omy and labour market remain strong. I give employees and employers more rights to commend the bill to the House. determine their own future to their own mutual Ms BURKE (Chisholm) (9.33 pm)—I advantage. rise to condemn these appalling laws before The evolutionary reform proposed in “More Jobs, the parliament today, but I have this horror, Better Pay” builds on the advances in workplace relations that have been achieved since 1996. this nightmarish feeling of deja vu, because we have been here before—yes, we have— By fostering a cooperative model employees can time and time again. Finally, this tired gov- develop a workplace environment where they have more control over their wages and condi- ernment, with no vision or sense of direction tions, where they can develop a team approach for our country, our nation, can impose on involving employers and workmates and have a the populace its ideology, the articles of Lib- sense of accomplishment and pride in knowing eral Party faith—no more, no less, just the they are doing their job well. articles of Liberal Party faith. Here at last

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 109

… … … Judging by the legislation placed before Par- These steps are aimed at ensuring employees and liament yesterday, the new WorkChoices sys- employers determine their own future without the tem—as the Howard Government’s spin doctors unnecessary interference of third parties. have decreed it be called—certainly won’t be simple, nor truly national, in its coverage. And as That was in 1998. It sounds vaguely familiar for “fair”, well, we’ll come back to that. when we consider what is going on today, … … … but I think that if we go back further it will all sound very familiar. A line I like best It will shift the focus of the system more from some of Mr Reith’s material was that firmly towards individual contracts. But the Gov- ‘it’—‘it’ being the IR system under Labor— ernment has been keen to preserve the illusion there will still be awards, that workers will not be ‘was a paternalistic system devised in an- worse off, that the commission is still there to other era, for another time’. The bill before protect them. the House today has some of the most pater- I say “illusion” because buried in the fine print nalistic white-picket-fence stuff I have ever of the new legislation are many different ways in seen from this government. It is some of the which employers will be able, if they want to (and most appalling paternalistic stuff this parlia- some will), to avoid or remove the operation of ment has come up with: ‘Yes, dear little awards—and without necessarily having to put workers, you do not know what is best, so workers on Australian Workplace Agreements. the bosses can tell you what to do, what to be Nevertheless, the need to preserve an appear- paid, when to work, whether you can have ance of continuity from the old regime has greatly leave and when you get to take it et cetera.’ added to the volume of the new legislation, much There is no choice for the worker but flexi- of which is devoted to provisions that purport to bility for the boss. protect existing entitlements. The choice and flexibility of a worker can … … … be exercised easily, and the Prime Minister So it is not going to be simple, and it’s not go- said this on national television: ‘There’s the ing to be a truly national system either. But will it door. Get another job.’ Choice is not that be fairer? Well, the Government is proposing to easy, and it is particularly not that easy if you remove existing references to setting “fair” employment conditions. Even if you buy the eco- are a male with low skills who is employed nomic arguments about creating new jobs and in a low-skill area. It is an option if you are improving productivity (and that’s a big if), there happy to take a casual, precarious job, be- are likely to be a lot of social costs in this pack- cause, when you finally get there, you will age—more working poor, less job security and an sign onto an AWA which strips away all the even bigger squeeze on family and leisure time. vestiges of hard-won conditions the Austra- And for the businesses that will otherwise lian work force has won over the last 100 benefit from the reforms, how fair is it to burden years. them with laws that are lengthy, indigestible, inef- Andrew Stewart, Professor of Law at ficient—and that create as many legal problems as they will solve? Flinders University, has a nice turn of phrase and summed up well this debate in an article As I said, I think Professor Stewart summed in the Sydney Morning Herald: up the debate very well. Where is the justification for this bill? The government seems to Voltaire once said of the Holy Roman Empire that it was not holy, nor Roman, nor an empire. Critics think that by lowering wages to a similar of the Howard Government might say the same level to those in, say, India and China, it will about its plans to create a “simpler, national, create jobs and this will produce growth. fairer system” for regulating workplace relations.

CHAMBER 110 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

This reminds me of other articles of faith: I echo that: what is this bill going to do to the notion of the trickle-down effect—and promote skills, innovation and quality? Data we know how efficient that was—and the from the Groningen Growth and Develop- notion that there is no such thing as ‘society’. ment Centre’s research, which measures out- They are just not true and, like this legisla- put as GDP, does not demonstrate that coun- tion, they are merely articles of faith. Lower tries with lower regulation regimes produce wages will not increase the productivity out- greater outputs. They may produce lower put which drives the economy and produces unemployment but they do not necessarily wealth; it will just create an American-style produce greater output. Indeed, in 2004 working poor. Australia has had an economic France, Luxembourg and Norway were miles boom without job growth for many years ahead of the USA and Australia in GDP out- now. The trend has been slightly reversed in put. recent times because we have had a win out I was recently part of a delegation to of commodities that we have exported to Denmark and Sweden, two of the most China as a result of China’s growth. But highly regulated economies out there, with most of our economic fortunes have been some of the highest wages not only in the driven by consumption—yes, on the back of OECD but in the world. Australia’s current that credit card that one day we all have to productivity output is at 35.18; Denmark, settle up—and not through improved produc- 41.65; and Sweden, 39.24. But the winner is tivity. Our productivity has not increased. Luxembourg, at 56.84. The economies in On a recent Four Corners program, lead- Denmark and Sweden are also beating us ing academics and economists could not find hands down in exports. So it is not all about one shred of evidence to support the gov- a race to the bottom; it is actually about a ernment’s claim that this legislation will race to be clever—to be smart. None of this boost productivity. Dr John Buchanan said: legislation is doing that. If you look at the data on the US, productivity So we have a bill which is not new, which growth in the services sector in the US has been is not fair and which will not increase pro- close to zero for the best part of 10 years because ductivity. What will it actually do? It will labour is so cheap. Employers have no incentive ensure that 3.7 million workers will lose un- to get rid of it down market and I think the real, fair dismissal rights, with employers able to the cruellest irony of these changes is that it will in fact retard productivity growth, it takes away dismiss workers for no given reason. The the incentive for employers to think about other laws will mean that any worker at any time ways of using their labour more efficiently. can be put onto an individual contract which Professor David Peetz said: can undermine their present wages and conditions. Conditions that can be undercut by It doesn’t matter how much you cut penalty rates. individual contracts include penalty rates, It doesn’t matter how much you cut overtime rates. It doesn’t matter what you do to flexibility overtime pay, control over the roster, redun- of working hours, what you do to wages. You’re dancy pay, meal breaks and public holiday never going to be able to compete with China and pay. Even four weeks annual leave can be India on wages, on labour costs, it’s as simple as traded away. These conditions will not be that. The way you compete with these countries is protected by law. They can all be removed or you compete on skill, you compete on innovation, undercut by individual contracts. Awards will you compete on quality. What are these changes be stripped back and will lose many core going to do to promote skill, innovation and qual- conditions. Many families are only just keep- ity?

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 111 ing their heads above water, and losing their avenues to which everybody could go to get rights at work will make it even harder. a fair hearing. It is a tragedy that this bill will The legislation will make it much harder dismantle that great institution. for workers to collectively bargain, and it I like the claim that this government has will limit the abilities of unions to visit produced real wages growth—maybe for workplaces and represent members. Under some but certainly not if you are lowly paid. these laws, unions can be fined $33,000 just The creation of the Fair Pay Commission for asking for workers to be protected from will enshrine the government’s desire for low unfair dismissal or individual contracts. The wages. Low-paid workers will have to wait independent umpire, the Australian Industrial 18 months for the next pay increase but, Relations Commission, will be stripped of its looking at current government form, I do not power to set minimum wages. That power think an increase will be coming. The gov- has gone to a board appointed by a govern- ernment has opposed all national wage cases ment that has consistently said that minimum since it came to office. If the commission wages in Australia are too high. These laws had listened to it, workers on minium wages will not be good for workers, their families would be a massive $50 a week worse off. or Australia. These laws mean that it will be The endless claims that those on AWAs earn harder for ordinary working families to share more is simply a lie. Research has shown in the benefits of the economic good times that for casual workers AWAs paid 15 per and that they will have no protection in times cent less than registered collective agree- of economic downturn. ments. For permanent part-time workers, There is no benefit for workers—none. AWAs paid 25 per cent less. Indeed, amongst We might not see the erosion of hard-won permanent part-time employees, even award- conditions overnight but it will happen. For only employees—those who received exactly me the dismantling of the Australian Indus- the award rate—were earning an average of trial Relations Commission, taking away its eight per cent more than AWA workers. For role as the independent umpire and simply female part-time workers AWAs paid seven leaving it to police unions, is the hardest per cent less than collective agreements. thing to bear. The AIRC was a great institu- Only for male, permanent, full-time workers tion, a place where all parties could go to get did AWAs have higher average hourly earn- a fair and free hearing to resolve disputes, to ings than those under registered collective find solutions that all sides could live with— agreements—by just four per cent. About 13 and now it has gone. Other countries would per cent more goes to managers in massive come to look at our system, which has served pay rises—and they are not on AWAs; they all sides fairly for a century, from the land- are on individual contracts. So the claim is a mark Harvester judgment of 1907—a fair complete furphy. day’s pay for a fair day’s work—to judg- Where is the vision to really fix our econ- ments on the right of women to equal pay omy, for investment in skills and infrastruc- and to maternity leave. All these things are ture, and to stop our manufacturing base gone as there simply will be no need for an bleeding? Where is the plan to value-add to umpire in a unilateral working world. I have create real jobs, not just have duplication appeared before the commission on numer- through lower wages? On Friday I learnt that ous occasions, for both the unions and the yet another car component plant in my elec- bosses, because I have worked for both. I torate is to close. Will this bill help its work- have always found that it was one of the best ers to find work? No, it will not. Is there a

CHAMBER 112 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 rescue package out there for my workers in Arnott’s for well over 60 years. Gone are all downtown Chisholm? No, there is not. There those jobs. Now it is a lovely housing devel- is nothing but the prospect of unemployment, opment site. Where did these workers get because these are males predominantly of a jobs? Most still have not because they were low-skill nature. Silcraft will be axing 460 in the manufacturing sector. jobs between now and 2007 and will shut a This bill would not have protected their plant that has been servicing Ford for many livelihoods. This bill does nothing for the years. Only three months ago, Icon, an working men and women of Australia whom automotive supplier, went into liquidation, John Howard said he was here to look after. also forcing redundancies and adding to the Remember that? He was going to govern for 14,000 job losses in the automotive sector all of us. As a local constituent asked me since 2002. But where is the answer in this recently, who is looking after small business legislation for this sector of industry as to in this debate? He writes a fairly lengthy es- jobs? say stating that, if it is going to be easier to I suppose the government will say jobs sack a skilled worker from a small business, will be protected and even created because what skilled worker is going to stay working Australia will have lower wages and will be in a small business? It is going to be fairly able to compete with cheaper imports be- attractive to go and work for a big business cause companies’ cost-to-income ratios will knowing that your job is stable and secure improve. So all workers must do is take a with it. massive pay cut so that they are earning In his speech to the parliament last year, wages equivalent to those in China and the the Governor-General described Australia as jobs will be saved—terrific! All the workers ‘a beacon of democracy and tolerance un- and their families will be homeless and will derpinned by a prosperous economy and a starve because they will no longer be able to fair society’. Over the last nine years of afford to pay, on that amount of money, their Howard government rule, the light from the mortgages, rent, food, petrol or education beacon has faded because every time the costs. The economy will dry up because they coalition takes a swipe at the good things will not have any money to spend and con- that define our country—harmony, equity sumption will go down. But that will be okay and a fair go for all—the light grows a little as they will have a job! How absolutely ludi- dimmer. And now the government, with its crous is this argument! radical industrial relations legislation, is try- What is the government’s plan? The gov- ing to snuff it out altogether. But, as much as ernment’s plan is to drive down wages, but it tries, the Howard government will not be that is not going to create jobs. Where is the able to extinguish the beacon of light that is plan to increase our global competitiveness? Australia. I know that the people of this na- It is not in this bill and it will not help the tion will keep it burning. They cherish har- hundreds of manufacturing workers in my mony, equity and a fair go for all—the quali- seat keep or get a job. Did anyone here spare ties that are inherent in the nature of the Aus- a thought for the Arnott’s workers in my tralian people, their psyche and their way of electorate who also lost their jobs? Five hun- life. Indeed, these are the very basis of our dred people went when the factory closed. original industrial relations system intro- No longer are biscuits baked behind my duced by a Liberal government, which a mother’s home. Biscuits were baked there Liberal government is trying to destroy to- when it was owned by Brockhoff and then day.

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 113

The Australian people will not accept a floors, put up the stud work, pitched the roof government that legislates away fairness and and put on the weatherboard siding—they justness, the very foundations of a democ- worked every trade except that of plumber ratic nation. This radical industrial relations and electrician. The building trades have bill is the beginning of the end for the How- moved on dramatically since those days. ard government. Labor will fight these laws These days the building trade mainly uses every step of the way. We will fight to pro- subbies—a granite worker drops the slab tect Australian workers and we will not allow down; brickies do the brickwork; there are the government to stamp out fairness in the internal fixers, roof pitchers, roof sheeters, workplace and destroy the Australian way of finishers, tilers and those sorts of things; and, life. Blinded by arrogance and ideology, the of course, the traditional trades of electrician Howard government can no longer see where and plumber still remain. We still have an it is going. As it steers the nation into the industrial relations system stuck in the trades rocks, that beacon, Labor’s light on the of the past. We need a modern system to re- hill—no matter how dim the light, no matter alise and keep up with the modern way of how badly the coalition has battered its doing things. In commercial building, tilt flame—will guide us to victory in two years slab construction is a great way to work. time. I have a background in automotive engi- Mr PROSSER (Forrest) (9.53 pm)—I am neering. The first time we used a CNC delighted to be speaking on the Workplace lathe—a computerised lathe—there was a Relations Amendment (Work Choices) Bill question as to whether a machinist or com- 2005. This bill has great significance to me, puter technician programmed the lathe. The because it goes back to what spurred my in- award did not recognise the technician; the terest in federal politics. I was a very young award recognised a metal machinist. We employer in the days when the Fraser gov- need a modern industrial relations system ernment gained office and had control of and a modern awards system that will recog- both houses of parliament, and in those days nise and reward modern-day work practices. the BLF particularly was out of control. We are a country that trades globally; we are Working on building sites and trying to get a great trading nation. We have to have a building projects finished was nothing short system that will not only reward the people of a nightmare. involved but compete with the rest of the The bulk of men and women who worked world. for me—men particularly—were employed AWAs have been mentioned here tonight. under the Metal Trades Employers Associa- It is interesting to look at that in the context tion and the AMWSU, but the BLF would of the debates surrounding airlines. In my come onto a site and claim that site. In those view, the world changed substantially in the days, to get the job done, you would have 1960s with the advent of jet aircraft. You your men on a dual ticket, because it was not could leave London and less than 24 hours their fault. They had to put up with the thug- later be in Australia. That broke down all gery of the BLF. sorts of trading barriers. Gone were the days We have evolved a lot since then. My fa- when we were protected by distance, when ther was a carpenter, and in those days car- we could live our life over here and not have penters put the sole plates down, put in the to compete. We did not have to produce cars stumps, did the bearers and joists, laid the or other goods that were as good as those from the rest of the world. We did not have

CHAMBER 114 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 to front up to the fact that we were at the does not recognise those sorts of arrange- leading edge. Jet aircraft meant that we ments that many young people particularly needed to compete, but our awards system want to have. stayed behind. It would be crazy for airlines The line that has been run is a scare tactic, such as Qantas to have employees from unfortunately. I accept that that happens. But Western Australia on a Western Australian I mention leave provisions. I mention that in state award, employees from Victoria under a this award there will be guaranteed provi- Victorian state award and employees from sions of four weeks annual leave. I mention Queensland under a different award. It is one annual leave, carer arrangements, parental company—it is one industry—so you need leave and maximum ordinary hours worked an IR system that recognises that sort of in addition. thing. What about this line that wages will go When I grew up, shops opened 5½ days a down? The award classifications will be pro- week. Then they opened all day Saturday— tected by the levels set by the Australian In- that was a major step forward, but the awards dustrial Relations Commission in the 2005 system did not recognise that. Now they safety net review. At this stage of the game— trade six and seven days a week. Why? Be- I know other members have mentioned cause we have workers who will work 12 this—we have jobs chasing workers, not the days on and 12 days off—workers on oil other way round. rigs, for example—or fly in and fly out to This is really a new system, a system that work for mining companies. Under this leg- finally matches the way the economy is now islation, workers are guaranteed four weeks working. I can understand the reluctance of annual leave, but, if they have just worked many to change. Change is threatening to two weeks on and two weeks off, why on many people. But you cannot keep putting earth would some of them want to take an- off change, because the rest of the world is other four weeks holiday? Doesn’t it make changing. We have to have a system that is sense to give them the opportunity—not dynamic enough to reward those who want compel them, but give them the opportu- to work hard and reward those who want to nity—to cash in two weeks leave if they drive our economy. We need a workplace want to go on an extended holiday some- system that will allow us to compete with the where? rest of the world. We should not be in any The old system served us very well. I had doubt that we must compete. We are a great no problems working under the awards sys- trading nation and we will compete. tem. In fact, I dealt a lot with Jack Marks At times there is a view put forward that and, surprisingly enough, I got along very Australians are not very productive workers. well with him; you could deal with him. If As a very young man, I had a very large job. you had a large job, you could work some- I had no partners; I was not married. The thing out with him and get it done. I cannot contractors were Bechtel Pacific. Bechtel say the same for the BLF. It was a system Pacific has a schedule for the productivity of that served us well in the past, but we now workers in every single country. We have the have an economy that is moving into the fu- view that we are getting beaten by workers ture. A lot of people do not like rigid work- from cheap labour countries. India and China ing hours. My daughter is one case in were mentioned earlier. But when you get point—she likes to work nights and week- them going, Australians work very hard and ends and have days off. The awards system

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 115 very productively. In those days the dollar arrangement that is much fairer for small exchange rate proved that. businesses. This is a system that will drive I really do think we need an industrial sys- the productivity of the Australian economy tem that will reward those workers but give and allow us as a country to compete against us an arrangement that will allow us to com- the cheaper imports that the member for pete with the cheap labour countries that Chisholm was talking about earlier. If we were mentioned earlier. This is about greater want to compete, we have to keep up with flexibility. This is about giving workers and the game. Part of that is not to use golf ball families the flexibility that they are looking typewriters and so on. Yes, I can remember for in their working lives and the working the golf ball typewriter coming in. That was lives of their children. a you beaut thing. We have now moved to computers and a whole range of other things. In 1993, the unfair dismissal legislation We need to move in this area too. I commend was introduced. That meant that small busi- the bill to the House. nesses sometimes found it very difficult to dismiss employees who did not suit their Ms KATE ELLIS (Adelaide) (10.04 business—who did not suit their business at pm)—On behalf of the people of Adelaide I all. What happened? Many businesses were rise tonight to place on the record my contracting out rather than having people staunch opposition to the government’s work in their business and learn the trade or Workplace Relations Amendment (Work learn how the business operated. I always Choices) Bill 2005. I rise tonight to tell this thought that that was a great shame. To really government to back off and stop their attacks train people, to let them know how business on Australian workers. Speaking against this operates, it is better to have them work with legislation tonight is just one step in what you. They can learn the business, and they will be a long and relentless battle by me and can then become very, very valuable em- my colleagues to fight this government on ployees. this matter every single step of the way. We will fight these measures until we can tear I am delighted to see that the unfair dis- this legislation apart and ensure that Austra- missal arrangements have been addressed in lians have the fair rights at work that they this legislation. The new arrangements will deserve. drive greater employment growth and greater productivity, particularly in the small busi- This legislation and the government’s ar- ness sector. Small businesses do not have rogance in pushing it upon the Australian human resource managers. Small business people must be rejected as the extreme, mean people have to run the business, get the or- and ideological rubbish that it is. It must be ders, get the contracts, send the bills out and rejected because the government has no run the whole kit and caboodle. In the old mandate to force this overhaul on the Austra- system they had to try to work out what the lian people. It must be rejected because, award was and what the arrangements were. rather than addressing the crucial issues that They did not need lobbed on top of all of that face our great nation today, this legislation the spectrum of unfair dismissals when does nothing but create more problems. Most someone did not really work out in their importantly, this legislation must be rejected business. because it punishes those who can least afford it. It strips millions of workers of pro- This is a much better system. This is a tection and it sets Australia up for a race to system that is fairer for employees. This is an the bottom.

CHAMBER 116 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

The government has absolutely no man- and poor. As I move around the electorate I date to push these changes upon the Austra- am often amazed at the variety of issues that lian people. Where were these plans during are raised with me and again with the variety the election campaign? I for one was listen- of views. But I have not seen a single issue ing pretty carefully during the campaign and that has been so universally opposed across I did not hear a word about them. What a my electorate as this one. disgusting abuse of our democratic institu- It is of no surprise that concerns should be tions and—even more importantly—what a so widely shared across the community, es- disgusting abuse of the faith of the Australian pecially when one considers the incredibly people. broad range of people who will be affected About two weeks ago I was approached by this legislation. This legislation will affect by a woman in my electorate at Unley Park. millions of Australia’s most vulnerable She stated to me: ‘Kate, I did not vote for workers. It will affect workers who will be you. The reason that I did not vote for you punished by unfair Australian workplace was that I was relatively happy with how agreements which they have no choice but to things were going and I thought that a vote sign up to. It will affect union officials, pun- for the government would be a vote for the ished so severely under this legislation for status quo. I would most certainly have voted going about their rightful business. It will differently if I had known of all these radical affect the millions of pensioners, whose pen- plans the government has since pursued.’ sion is set in relation to average male earn- Whilst at times it may pain me, I certainly ings, now threatened by the establishment of accept that not everybody voted for me. Per- the so-called Fair Pay Commission. It will haps I even accept that not everybody will in affect our society as a whole and the fair go the future. But what I will not accept is this that we have afforded each other for so long. government deceiving voters and abusing I want to share just one of the many ex- their trust, saying one thing before an elec- amples within my own electorate of those tion and something quite different after- who are concerned with this legislation. I wards. will share with you part of an email that I What an absolute nerve this government recently received. It states: has. Let us not forget that this government One of my “burning issues” on a Federal level is ran its last election campaign based on a the new Industrial Reforms. I have always been a scare campaign on interest rates. This gov- Liberal Supporter/Voter, but after Howard’s new ernment gained re-election by scaring the reform I, and many of my friends will not and most economically vulnerable in our com- never will support this reform and will vote with munity into believing that they would be our “pens” at the next election, even though that better off under a coalition government. is some time away. We will not forget what How- ard is trying to do in undermining the very es- What a disgraceful nerve it now has in turn- sence of what we hold dear. ing around and robbing these very same Aus- tralians of their fair pay, their conditions and I shall repeat that last part: ‘We will not for- their rights in the workplace and in hurting get what Howard is trying to do in undermin- the workers who rely most upon protection. ing the very essence of what we hold dear.’ These are not my words, they are not the The seat that I represent is a wonderfully words of the Labor Party and they are not the diverse seat. It covers extremely varied ar- words of the trade union movement. These eas—both inner city and suburban; both rich are the words of a Liberal supporter urging

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 117 this government to scrap these extreme pro- in the eighties and the early nineties rather posals. Unfortunately, I fear that these calls than even attempting to make the economic are falling on deaf ears with this government, case for these changes. which will stop at nothing and listen to no- It is outrageous to suggest that the only one in its efforts to secure the Prime Minis- way Australia can compete in the interna- ter’s long-held dream in this area. At a time tional labour market is by cutting pay and when the people of Adelaide urgently need a creating a low-skilled, low-wage and transi- government to tackle the real issues facing tional work force. There are smarter op- them and their families, this government in- tions—options that treat workers with the stead produces this ideologically-driven rub- dignity and respect they deserve, options that bish. aim to improve the quality of living of Aus- Let us examine the government’s public tralian workers and options that maintain the rationale for this legislation. I say ‘public’ notions of equality and fairness. because we know that the real rationale is Another issue, which I believe is one of based on the Prime Minister’s ideological the pressing issues that governments in this desire to make his mark in industrial rela- country must address, is the struggle that so tions. The public argument put forth by the many Australians are facing to balance their government, on the other hand, is supposedly work and family commitments. This is a se- about the economy; it is supposedly about rious issue and not one that should not be achieving higher productivity. If this gov- ignored. We are facing a crisis in this nation ernment were serious about raising levels of where we have the combination of an ageing productivity it would have invested in train- population, a sustained decline in the fertility ing and educational institutions. It would rate, a rise in the median age of childbearing have supported Australians who sought fur- and a host of mixed messages from the gov- ther education and skill development. It ernment. On the one hand we have a gov- would have realised that reducing the oppor- ernment telling young families to have one tunity for young Australians to attend TAFE for the mum, one for the dad and one for the colleges and squeezing the funding from country. At the same time we are telling Australian universities would have a nega- women that we need them in the work force tive effect on productivity growth. It would to address work force shortages. Yet we are have urgently sought long-term solutions to not addressing the crisis in child-care short- address this nation’s skill shortage and to ages or listening to the pleas of young moth- invest in the infrastructure that is required by ers seeking to re-enter the work force but our private industry to aid their future finding a lack of rewarding part-time work or growth. being forced into unreliable casual jobs. We need a government that will enhance This is a time when we need to be focus- our prosperity by tackling these issues, not a ing on encouraging family friendly work government obsessed with making workers practices, not discouraging them. The Aus- cheaper to pay and easier to sack. But I think tralian economy cannot be sustained on a we all know that the government is not tak- growth trajectory without women playing a ing these measures for economic reasons. major and increased role in the workplace. This is the reason why every government This is a serious enough issue that one of our member that I have had the misfortune to parliamentary committees has established an hear contribute to this debate has focused inquiry into it—an inquiry that has curiously solely on rabbiting on about what Labor did

CHAMBER 118 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 now been put on hold. But what is this legis- the government asserts that this legislation lation doing to address these crucial issues? will lead to higher wages, these are deceitful The answer: absolutely nothing except exac- claims and nothing short of Liberal propa- erbating the problem. ganda. These laws will in fact make the juggling The establishment of the Fair Pay Com- act of work and family so much harder for mission is John Howard’s instrument of ine- millions of Australian families. Where previ- quality. Instead of having an independent ously parents had some confidence in their arbiter to mediate and determine fair and hours of work, they will now face the pros- appropriate wage levels, the Fair Pay Com- pect of their work hours being averaged over mission is designed to force down the real a 12-month period, which effectively means value of wages. The Fair Pay Commission is that they may have to work punishing hours designed to ensure that any wage increases one week and absolutely none the next. are limited and inadequate for working Aus- Where couples relied on unfair dismissal tralians. In every single year since it came to legislation for security and confidence in power in 1996, this government has fiercely planning their lives and families, they will opposed minimum wage claims put to the soon be without this protection. Where many Industrial Relations Commission. If the gov- parents relied on collective bargaining to ernment’s claims had been accepted by the deliver the flexibility and concessions that Industrial Relations Commission, since 1997 they require to address their family responsi- the country’s lowest paid workers would to- bilities, now many will be forced to take day be $44 a week worse off, while families harsh and uncompromising Australian work- with two parents battling on the base rate place agreements, agreements that have been would be $4,600 a year worse off. demonstrated to be less friendly to family Through this government’s Work Choices responsibilities. legislation, this is the kind of position that We have seen here what this legislation will guide and bind the so-called Fair Pay does not do. It does not address the pressing Commission—a mean, unreasonable, unfair issues facing the Australian people, the is- and unjustified approach that aims to kick sues that this mob were elected to address. It workers down and to keep them down. Both does not help or prosper the Australian peo- the Prime Minister and the Chairman to be ple at all. So perhaps we should look at what elected, Mr Ian Harper, when questioned on it does do in hurting, punishing and bullying the operations of the commission, assured us the Australian people. that the Fair Pay Commission intended to be Currently, the Australian Industrial Rela- consultative. Where was the consultation at tions Commission, when making determina- the last election? Where is the community tions in wage cases, takes into account ef- debate on making such extreme changes to fects on employment as well as the broader our workplaces? When were the people of economy. Its decisions are based on fairness, Australia given the opportunity to consider as required by section 88B of the current these changes before they elected this gov- legislation. Under this proposed legislation, ernment? The fact is, this government does the Fair Pay Commission is not required to not believe in consulting anyone. It would take fairness into account. Fairness has been rather deceive the people of Australia. It blatantly cut out as a consideration, as evi- would rather spend millions of dollars to denced by section 7J of this bill. Although hide the real truth that lies behind this legislation.

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 119

Here is an exercise in consultation, Prime where the employee must hire a lawyer to Minister. A recent poll found that just 23 per have much chance of success. It is costly and cent of Australians agreed with your indus- it is time consuming and the grounds of trial relations reforms. In fact, since the be- unlawful dismissal are limited to only certain ginning of the Prime Minister’s disgraceful forms of discrimination. Since 1996, there so-called educational Work Choices cam- have only been 147 unlawful termination paign—the multimillion dollar campaign claims to the Federal Court—fewer than 25 a released at the expense of the Australian tax- year—in contrast with the 50,000 unfair payer—public satisfaction with the Prime dismissal applications the Industrial Rela- Minister has started plummeting. An exercise tions Commission has processed in the same in consultation, Mr Howard, would tell you period. The figure of 147 encapsulates the loud and clear that Australians do not want kind of protection workers can expect from this legislative change. They want you to this government. back off their rights at work. The fact is that, when unfair dismissal What else does this legislation do? It laws are abolished by this government, strips millions of Australians of any sense of workers can expect to be sacked for an as- job security. This legislation abolishes the sortment of unfair and unreasonable reasons, right of millions of employees to access un- but, unless it can be linked to the narrow fair dismissal provisions. It deprives workers definition of unlawful dismissal, workers of the right to access a fair and affordable will be left unemployed and without legal remedy when they have been procedurally or remedy. If there is a problem with our cur- substantively unfairly dismissed. It is here rent unfair dismissal laws, surely the gov- where the government, through its sneaky, ernment should attempt to address that prob- dishonest, taxpayer funded advertising cam- lem, not scrap the whole protective mecha- paign, have again been amongst their most nism. deceitful. The government have continued to In 1996 the government introduced the claim that workers’ rights will be protected country to Australian workplace agreements through unlawful dismissal laws. in an effort to single out workers and split The Prime Minister has cunningly por- united workers from their collective bargain- trayed the belief that the same rights ac- ing strategies. It was a blatant attempt to corded to workers now will still be available weaken workers’ rights. Divide and conquer to them but through the unlawful dismissal was the strategy then and, surprisingly provisions. What the Prime Minister will not enough, that strategy has not changed. The tell you, what he has not told the Australian government wants to achieve now what it people, is that the unlawful dismissal process could not achieve in 1996 without full con- is very different. The Prime Minister is trol of the Senate. When referring to AWAs counting on people not knowing the differ- you hear the government throw around posi- ence between unfair dismissal and unlawful tive words such as ‘choice’, ‘flexibility’ and dismissal and he has tried to make it confus- ‘negotiate’. In reality, they are standardised ing and tricky because that is his method of contracts that come straight off the em- leadership—confuse, divide and deceive. ployer’s printer into the hands of an em- The truth of the matter is that unlawful ployee, accompanied by the line, ‘Take it or dismissal is a common-law remedy that re- leave it.’ quires legal action in the Federal Court,

CHAMBER 120 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Now, with the removal of the no disadvan- fought for the rights in the workplace that we tage test and the new provisions in this bill enjoy today. relating to AWAs, Australian workplace Just a couple of weeks ago, I met Mr agreements will be an instrument designed to Schulze, an 84-year-old constituent of mine fiercely undercut fair and reasonable pay and who came along in his wheelchair to one of working conditions. New provisions in this my street corner meetings in Prospect. Mr bill—clauses 104(5) and 104(6) to be pre- Schulze came out because he wanted me to cise—do not consider that an employer is know how upset he was about these attacks applying duress when requiring an employee on workers’ rights. He was visibly upset as to make an AWA a condition of employment. he told me that no-one who was there in the This means that employers are now legally 1930s battling for many of these rights, as he entitled to force individual contracts on em- was, would ever even dream of stripping ployees. them away in this manner. This legislation is no solution to Austra- I tell Mr Schulze, and indeed I tell all of lia’s need to be economically competitive. I those brave Australians who fought and won have already outlined tonight the strategies the rights and conditions in the workplace the government should be looking towards that we enjoy today, that we on this side have for this means. This bill is harmful and so- not forgotten their battles, and we will not cially destructive. It will evolve into a forget them. On this side of the House, we downward spiral of living standards, a race pay tribute to these Australians. We thank to the bottom, as the member for Gorton so them for their contributions, which have aptly described it. By stripping allowable helped shape this great nation—which have matters from awards, by forcing workers instilled the principles of egalitarianism, onto unfair individual employment contracts, equality and the right to a fair go. And the by stripping workers of their rights to penalty people on this side of the House pledge to rates and to access unfair dismissal laws—by build on these achievements, to continue to doing all of these things and more—the gov- work to improve the lives of working Austra- ernment is producing a system that will un- lians. doubtedly substantially lower the benchmark It is not just our elderly Australians, of wages and conditions in this country. though, who have fought to protect rights in The pressure on employees to undermine the workplace. This government does all in their conditions of work in order to maintain its power to demonise the trade union employment will be considerable, and the movement in this nation. It has saved a spe- pressure on employers to offer substandard cial amount of the venom in this bill for the contracts in order to compete with the market unions and it outlaws legitimate union activi- will be considerable, particularly if there is ties. I am proud of the union movement in an economic downturn. And so the ‘race to this country. I am proud of what they have the bottom’ begins. Is this the Australia that achieved. I think it is an honourable profes- we want? There is no choice but for any fair- sion to dedicate yourself to fighting for the minded member of this House to oppose this wages and conditions of the workers of our draconian legislation. This legislation is un- nation. This is in stark contrast to this gov- Australian. It is the Americanisation of our ernment which, drunk on its own power, work force—the establishment of a working aims to kick working Australians in the face poor in this nation. This legislation is also a and wind back the clock by stripping work- kick in the teeth to the Australians who

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 121 ers of the rights they have fought so hard to Interestingly enough, on a Sunday Sunrise secure. This is not progress. interview on 20 February 2005, the same I am proud to stand here and oppose this member, the member for Perth—and this is legislation on behalf of the people of Ade- the hypocrisy of the members opposite— laide. We will oppose it in this chamber. We said: will oppose it in our communities, in the It is possible to consider, in the abstract or hypo- shopping centres and the workplaces. But, thetically, a single or a unitary system. It’s not a most of all, we will work for the day when, novel policy idea, and you can contemplate a proudly, we will oppose this legislation as whole range of efficiencies that would occur in we tear it up from that side of the chamber, the economy and in the system if that were to take place. following the next election. I also take the opportunity to quote a well- Mr SCHULTZ (Hume) (10.24 pm)—It is known trade union figure, Mr Bill Shorten. with a great sense of enthusiasm and At an address to the National Press Club on achievement that I rise today and add my 20 February 2002, he had this to say: support to the government’s Workplace Rela- tions Amendment (Work Choices) Bill 2005. Variations in state laws are also time-consuming and frustrating for employers. It is ridiculous For the record, this Mr Schultz has blood- there are more than 130 pieces of state and fed- lines and views that are entirely different to eral legislation pertaining to industrial law. those of the Mr Schultze who has just been I go on to quote another well-known Labor quoted. As we all know, a modern and re- entity with whom I had the pleasure of sit- sponsive workplace relations system is vital ting in the New South Wales parliament. I to ensure high productivity and a strong and am referring to Jeff Shaw, the former New prosperous Australian economy. Having set South Wales Attorney General, now engaged the wheels of change in motion back in the by Unions NSW to organise a High Court 1990s, it is now time to complete the picture challenge against this bill. In the Business to ensure that the forward progress made Council of Australia IR forum in the year during the past nine years will continue well 2000, he said: into the future. ... the Corporations power has been liberally in- One of interesting things about this indus- terpreted by the High Court and can sustain legis- trial relations debate is that you hear one lation designed to regulate the employment rela- view from members opposite one year, and tionships between a corporation and its work- then the next year, or a few years later, you force. hear an opposing view in stark contrast to the … … … original. I will just quote from the member Industry and commerce increasingly crosses his- for Perth in the Hansard of 17 October 1995. torically determined state boundaries. The wages He said: and conditions of employees are relevant to na- The Howard model is quite simple. It is all tional economic considerations and it will often about lower wages; it is about worse conditions; it be convenient for both employers and unions to is about a massive rise in industrial disputation; it have uniform national conditions. is about the abolition of safety nets; and it is So, once again, we have well-known Labor about pushing down or abolishing minimum stan- Party figures saying one thing on one day dards. As a worker, you may have lots of doubts and saying another thing on another. Then, about the things that you might lose, but you can be absolutely sure of one thing: John Howard will when you go back in history, you have peo- reduce your living standards. ple involved in speaking against the legisla-

CHAMBER 122 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 tion today being quoted as saying that they high-speed internet connection today is es- were in favour of a national system. Mr sential for regional development—it is just Speaker, I know the hour is getting short. I as important today as the plain old telephone seek leave of the House to continue my re- service was in years gone by. marks tomorrow. The State of the regions report also shows Leave granted; debate adjourned. that vastly improved access is not only nec- ADJOURNMENT essary but feasible and affordable. It puts the cost at around $3 billion. There are other Mr NAIRN (Eden-Monaro— reports that cost it at less. But what is the Parliamentary Secretary to the Prime Minis- government’s response? It fails on the finan- ter) (10.30 pm)—I move: cials, because basically its plan when it sells That the House do now adjourn. Telstra is for a trust fund that will yield just Telecommunications $100 million a year, which, we are led to Mr CREAN (Hotham) (10.30 pm)—I rise believe by the government, will plug the tonight to talk about a pressing issue in re- gaps. No-one who knows anything about gional Australia—the appalling state of tele- telecommunications in the regions believes communications in the bush. Today the gov- that it will plug the gaps. It is a $1 billion ernment had the opportunity to spell out its fund, well short of the $3 billion that is commitment to regional development. It ac- needed. tually placed the issue as a matter of public Labor, on the other hand, proposed seven importance on the Notice Paper. But all it years ago that a proportion of the dividend did in that exercise was to defend a scheme stream from Telstra be set aside into a fund which was rorted by the National Party to for reinvesting in the telecommunications prop up seats in the last election. Even the infrastructure. Had that fund been estab- Liberal Party was unable to defend this lished, it would have been worth in excess of scheme. The seconder in that debate, the $5 billion today. In other words, the concern Leader of the House, admitted to disappoint- can be met without selling Telstra. ing outcomes under the Regional Partner- The nation does need a national telecom- ships program. It was an unbelievable de- munications plan—one that recognises that fence in a matter of public importance initi- broadband access in all of our regions is es- ated by the coalition itself to argue the case sential. It is also true that, if we do it prop- for regional development. erly for the regions, it will benefit the nation What is even more staggering, however, is as a whole. We need a plan that would rival their failure on the key issue of regional tele- the Snowy Mountains Scheme as an iconic communications. It is very instructive that commitment to our nation’s future. Not only yesterday the Local Government Association has the government not provided this plan, released the 2005 State of the regions report. not only has it provided insufficient funds, It delivers a message that Australia’s regions but it also has a huge problem with access need quality telecommunications infrastruc- and affordability in the regions with the ture to play their part and participate in the ACCC’s proposal to allow wholesale price modern economy. The report spells out the deaveraging of the Telstra network. This de- stark reality that regions with broadband ac- cision may make sense to a market econo- cess are doing well while those regions with- mist. But it makes no sense if it forces rural out it are being left behind. It is clear that a consumers to pay 20 times more to access a

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 123 basic telephone service. This is unacceptable. his well-balanced temperament are apparent How can the government allow this to hap- throughout all his activities and involve- pen? We are sick of hearing the spats be- ments. Mark shows a very high standard in tween Telstra and the ACCC. What regional his work. He is diligent and puts in a consci- Australia need is a commitment to afford- entious effort, which is reflected in his per- able, accessible telecommunications. If they severance to always achieve the very best do not get it, they will be missing out. (Time possible outcome. Even while Mark is com- expired) pleting year 12 at school and having to con- Forde Electorate: Community Awards centrate on his studies, his determination to make this local community a better place and Mrs ELSON (Forde) (10.35 pm)— to afford the young people of this community Tonight I bring to the attention of the House the opportunity to participate in clean, an outstanding achievement by a young con- healthy recreational activities is very appar- stituent of Forde. I would like to take this ent. He is selfless in his efforts to assist oth- opportunity to congratulate Mark Hammel, ers, to improve and foster good community who was recognised with a Gold Coast spirit and to encourage interaction between Youth Achiever Award last Friday night. young and older communities, awakening Mark was nominated by the Beenleigh their responsibilities towards adolescents and Chamber of Commerce in recognition of his encouraging the principle of good citizenship leadership of the Beenleigh Junior Chamber in our younger community. of Commerce and the huge role he played in the beautification of the Beenleigh railway Mark is also the school captain at the precinct. Beenleigh State High School. He is a brilliant sportsman, especially in cricket and Mark led a team of 80 young people in the indoor cricket. He operates a local business junior chamber by example. To ensure that with his father part time, as well as coaching the job was completed he was involved in an indoor team. Mark is truly a remarkable every facet of the project from the initial and outstanding young man for whom I have meeting with QRail staff and council person- enormous admiration. I would like to con- nel to the planning, logistics and purchasing. gratulate him on his award and thank him for He communicated with people at all levels. all he does to make our community a great All the young people did a fantastic job. The place to live in. He is a great role model for community is so very proud of Mark Ham- our younger citizens. mel’s leadership and his brilliant team’s achievement. I would also like to congratulate the Beenleigh PCYC. In partnership with Civic Mark is also a member and treasurer of Solutions, they won the Prime Minister’s the Beenleigh Police-Citizens Youth Welfare Work for the Dole Achievement Award, Association youth management team. Mark which I proudly presented to them at a is involved in the running of various PCYC chamber breakfast recently. It is not an easy fundraising ventures and numerous functions award to receive. There were 370 program as well as PULSE activities—all, I would finalists running for the award, and so every- like to add, in a voluntary capacity. one involved should be very proud that they PCYC manager, Senior Sergeant Mark have achieved so much. I congratulate them Dufficy, and his PCYC panel said of Mark for the wonderful work they have been doing Hammel that his respect and acceptance of at the historical society to restore the build- others, his strong sense of responsibility and

CHAMBER 124 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 ings and do the landscaping, administration traordinarily high figure—14 per cent have a and historical research and promotions. family member in jail, 20 per cent live in I also thank a great supporter of our families dealing with drug and alcohol abuse, PCYC. Many years ago, when our PCYC 24 per cent live in families dealing with vio- were having problems and looked as though lence, 13 per cent have a family member they may have to close down, a gentleman with a mental health issue, 28 per cent live in by the name of Brian Gassman stepped in. families where all the carers are unemployed, He gained the support of all levels of gov- 10 per cent have had DOCS involved with ernment and built the PCYC up to be one of their family, 20 per cent are at risk through the best in Queensland. I would like to con- poor parenting and five per cent live in fami- gratulate Brian Gassman and Gassman De- lies where parents have recently separated or velopment Perspectives. At the chamber divorced. In addition, 74 per cent of families awards for Queensland business achievers receive the maximum amount of child-care the other night, he won the prestige award benefit, which shows they have an income of for chamber excellence. I congratulate him less than $18,000 per annum. So you see the on his 2005 chamber excellence award and picture of the community that this child-care wish him every success in the future. centre serves. Glebe School Child-Care Centre The Glebe School Child-Care Centre is actually only funded to provide before and Ms PLIBERSEK (Sydney) (10.39 pm)— after school care and vacation care, but it has I rise tonight to speak of the Glebe School developed a wide range of programs in addi- Child-Care Centre, which I visited in my tion to the out of school hours care that it electorate of Sydney a couple of weeks ago. I provides. Under the dynamic and vibrant want to tell my colleagues about the wonder- leadership of Kerrie McGuire and Maria ful work that is being done in Glebe. This Bamford, who have been the co-coordinators child-care centre located in the Glebe Public over the last eight years, the service has fo- School provides vital support during school cused on a number of programs which bene- term and holiday breaks to about 120 chil- fit not just the kids who are attending before dren, most of whom live on the Glebe Hous- and after school care but a number of fami- ing Estate. This is a part of Sydney which is lies in the Glebe area. particularly disadvantaged. Sometimes when people hear of Glebe they think of the beau- There is a real emphasis in the before and tiful houses in the Glebe mansions area. But after school care and vacation care programs there is also another part of Glebe, the Glebe on positive adult role models. Unfortunately, Housing Estate, where a lot of families live some of these kids do not have a lot of posi- in terrible hardship and disadvantage. tive adult role models in their homes. The conflict resolution skills that are being taught Taking a snapshot of the kids who at- as an alternative to violence and the firm and tended the Glebe School Child-Care Centre consistent discipline policies, which help in 2004, we see that 47 per cent of the chil- children to take responsibility for their be- dren are Aboriginal or Torres Strait Islanders, haviour problems and accept that they need 26 per cent are from non-English-speaking to control their behaviour, have made a real backgrounds, 62 per cent live in a sole- difference to the kids and how they relate to parent family, 10 per cent live with either a one another. grandparent or carer, 29 per cent have had a death in the family in the past year—an ex-

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 125

The staff work on team building and being can give to another, and we can all group work, and they also provide about 500 give that ultimate gift by registering as an meals a week. Most mornings they have organ and tissue donor. Organ donations save about 40 kids for breakfast and about 60 for lives. Registering as a donor is something dinner, and all of those meals are provided at many of us think about but often do not act an average cost of 20c per meal. They also on. I recently launched a campaign on the provide welfare support to families. They are southern Gold Coast to raise awareness of a very stable component in the lives of chil- organ and tissue donation. The response to dren who often lead very chaotic lives oth- that launch has been amazing. erwise, with parents moving around and los- Chris Wills, a young man who received a ing work and so on. heart-lung transplant several months ago, Since 1998 the service has taken a really became the face of the launch. He shared his active role in community capacity building, story with Gold Coasters and encouraged through parent support, employment of In- people to sign on for the gift of life—and digenous staff at the centre and developing sign on they did. Chris Wills is 38. He has networks with other welfare groups. These cystic fibrosis, a degenerative medical condi- positive links have really improved the status tion. Prior to receiving his new heart and of the centre and its ability to help the whole lungs, Chris could not get very far without community. his oxygen bottle. He could not even walk 50 They also have a terrific Active After- metres. He was so short of breath that he had School Communities program. It is some- to walk around in thongs as he did not have thing I would like to congratulate the gov- the energy to put his work boots on. ernment on. They are a part of this trial, and I Today it is a very different story. Today hope that the trial will be extended to other Chris is back to coaching and playing cricket schools in other areas because it certainly has and hopes to travel to England in July next had a benefit for these kids. They have been year as part of the Australian transplant able to have access to coaches that they cricket team. Before the operation Chris only would never otherwise be able to afford. had 22 per cent lung capacity. He now tells Their parents do not have the money for me he has 110 per cent. His lungs no longer sports coaching or coaching in arts, dance produce mucus and, since he has received his and so on, so it has made a great difference new set of lungs, he has acquired a taste for to these kids. beer for the first time in his life—not a bad Glebe School Child-Care Centre have a taste for someone living in Queensland, par- great multicultural program and an opportu- ticularly during our long, hot summer nity program. They have had enormous suc- months. Only in hospital for 10 days, Chris cess in increasing attendance at school be- has made a fantastic recovery. Two months cause, if the kids do not attend school, they post-op, Chris walked 7.5 kilometres in the cannot attend before and after school care. Gold Coast marathon, coming second in his The attraction of the out of school hours care field. program has meant that kids have started to This young man has been given a second love to go to school. (Time expired) chance at life. He is humble in his gratitude Organ Donation to the family who gave him that second chance at life. Their decision to support their Mrs MAY (McPherson) (10.44 pm)—The loved one’s decision to donate his or her or- gift of life is the ultimate gift one human

CHAMBER 126 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 gans will be felt long after that person has Pines Elanora; Keith Williams from the Gold passed away. Chris stressed that if you sign Coast City Council, who arranged for thou- up to the Organ Donor Register you should sands of donor registration forms to be dis- talk to your loved ones and let them know tributed to employees; Palm Beach Centre- your wishes so that that wish to donate will link manager, Mark Lloyd, and Alison Lyon, be carried out in the event of your death. The Centrelink’s liaison officer, who also pro- more family members who know of your vided support and attended the launch; decision to donate, the more likely it is that it Melissa Cutajar, who attended the launch and will occur and the more reassured your loved does an absolutely fantastic job as the Gold ones will be by your decision. Coast’s hospital organ donor coordinator. Organ donors are treated with utmost re- Over five million Australians are regis- spect. The donor’s body is always treated tered on the Australian Organ Donor Regis- with dignity and respect. There are 1,600 ter, and yet a person has 10 times greater people on the national organ donor waiting chance of requiring an organ or tissue trans- list at the moment, and 50 of those on the plant than of becoming a donor. Therefore, I waiting list are children—children like urge people to register at their local Medi- young Brent Reidlinger, a young five-year- care office, because by world standards we old from the Gold Coast who was diagnosed have a very low donor rate. Again I stress 12 months ago with restrictive cardiomyopa- that the low rate is attributed to the fact that thy, a disease of the heart muscle. Brent will we do not talk openly about such things as undergo his transplant in Melbourne at the death and organ donation. Yet by talking Children’s Hospital because it is the only one about such things it helps prepare us, so I that does heart transplants on young children. urge all Australians to consider registering as One organ donor has the potential to help a donor and, very importantly, to talk to your 10 people through organ transplants such as loved ones about it. If in doubt, talk to your heart, lungs, liver, pancreas and kidneys or doctor so that you can be reassured about tissue transplants such as bone and eye tis- what happens. sue, heart valves and skin tissue. There is no To my colleagues here in the House, I ask age limit on the donation of some organs and you to take up the challenge in your elector- tissue. People should never think they are too ates to promote the organ donor program, old. You are never too old for anything in distribute the application forms and ensure life, and you are certainly not too old to reg- that your communities are aware of what ister on the Organ Donor Register. A number people need to do to become a donor, to give of people have said to me that their intention that ultimate gift of life. to donate is noted on their driver’s licence. Hallam Country Fire Authority But I want to say tonight that that is not good Mr BYRNE (Holt) (10.49 pm)—One of enough. It is necessary to sign on to the Aus- the great privileges of being a member of tralian Organ Donor Register if you want to parliament is that you have the opportunity give someone the gift of life. to go to community based organisations and I want to thank all the people who rallied organisations that make substantial differ- behind the push to raise organ donation ences to people’s lives—in fact, save peo- awareness on the Gold Coast. It was a real ple’s lives. On Sunday last week, 6 Novem- team effort. A big thank you to Victoria ber, I was honoured to attend the Hallam fire Cameron from the Medicare office at the brigade open day. This is a very important

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 127 facility that is based in the south-eastern tion. I am also happy to report that I and his suburbs of Melbourne. The background to office will be looking into this particular the station is that originally the Doveton fire matter. When you ask people to put their brigade was located in Doveton; it shifted to lives on the line to protect the community, Hallam about a year ago. It is an integrated they deserve the best equipment and they station, which means it is a combination of deserve the best support from governments. I paid staff and volunteers. In fact, it has 25 am going to make sure that they actually get paid staff and 30 volunteers, and it also has a it, particularly with respect to this vehicle. junior brigade component and auxilliary. I was shown a trench rescue display by This station is located in the heart of a Fire Officer Greg ‘Chappy’ Chapman. While growth belt corridor. The brigade had been that sounds very simple, in actual fact it is called to attend over 1,700 call-outs in a not. I was shown the situation of a gravedig- year. It is one of the busiest brigades in the ger caught in a grave, and what had to hap- state. pen to extract that particular individual was On Sunday, on a very fine day, they in- quite astounding. A heck of a lot of work vited people from the community to attend goes into that. I was also shown by brigade this fire brigade and understand a bit more volunteers a full decontamination zone exer- about what they do. I am pleased to report to cise, which is undertaken in the event of a this place that over 500 people attended from biological, chemical or radiological attack. the community. What they saw was a chil- Given that it was a 30-degree day and that dren’s smoke house, which is a structure these volunteers were out in the open for which teaches children to, in the event of some period of time, it was a great effort on fire, crawl at fairly low levels to escape the their part. It showed the amount of work and smoke; and fire safety in the home displays. equipment necessary, regarding the suits and We were shown appliances on-site which the breathing apparatus officers are required included the Hallam CFA pumper, a tanker, a to put on—and these pieces of equipment are support vehicle, a spare state teleboom and not light. the Dandenong CFA rescue vehicle. I would particularly thank the officer in There is also a hazmat vehicle. This vehi- charge, Cliff O’Connor; 1st Lieutenant Lee cle, which is 20 years old, would be called in Austin; 2nd Lieutenant David Miller; 3rd the event of a chemical, biological or radio- Lieutenant Michael Tiberi; the president, logical attack to be one of the front-line ser- Arthur McMullan; the secretary, Max Rae- vices that would be used to decontaminate burn; Fire Officer Michael Lia and the C and to assess what was actually going on in Shift, in particular, for allowing me to take the event of, say, a terrorist incident or some part; Denis Vlug, who was in the gas suit and event of that nature. It takes very special the breathing apparatus; and Ashley Lovett, people to be attending and servicing those who was in the splash suit and the breathing sorts of accidents. But also required in this apparatus also. set of circumstances is the most up-to-date It was a great honour to be amongst peo- vehicle available. Unfortunately, the hazmat ple, as I have said, who put their lives on the vehicle at the Hallam CFA does need upgrad- line for our community to make it safe and to ing. I was very pleased to see that the state save lives. The Hallam fire brigade is a great Minister for Police and Emergency Services, example of an organisation that contributes Tim Holding, attended this particular brigade to and benefits our community. I certainly open day. This matter was drawn to his atten-

CHAMBER 128 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005 hope that they have the best equipment re- tralia, as a Christian country, does not men- quired; and, as the federal member who tion God in our anthem in the same way God represents that area, I will be doing all I can is mentioned in the anthems of other coun- to make sure of that. As I have said, these tries and, indeed, in the same way as God is people put their lives on the line; they de- mentioned in the royal anthem, which was serve the best because they are the best. formerly the national anthem of Australia. Australian Flag The current anthem, Advance Australia Australian National Anthem Fair, was written over 100 years ago and its first public performance was in 1878. Ad- Mr SLIPPER (Fisher) (10.54 pm)—One vance Australia Fair was adopted as Austra- of the proudest achievements of the coalition lia’s national song I think during the years of government, in my view, is the fact that we the Fraser government. Subsequently, with- now require a plebiscite before the Austra- out a referendum, it was proclaimed by the lian flag can be changed. We all recall the Hawke government in April 1984 not merely situation prior to our election in 1996, when to be the national song but also to be the na- the Australian flag could be changed by an tional anthem. act of the executive council. The Governor- General sitting with any two ministers could Our Australian national anthem currently have signed away the Australian flag, which does not mention God in any way. Most peo- very much should be and is now the property ple, whether practising Christians or not, of the Australian people and not the play- would accept that Australia is a Christian thing of politicians. country and that, as a nation, we have our roots in the Christian faith. Our values are We all know that our Australian flag has Christian values, our laws are derived essen- the three Christian crosses of St George, St tially from Christian laws and, on our flag, Andrew and St Patrick—being the flags of the Union Jack is testimony to our Christian England, Scotland and Ireland— heritage; yet our national anthem is com- superimposed, one on the other, to symbolise pletely devoid of any reference to God. our nation’s inheritance of Christian values. On our flag we also have the seven-point In comparison, New Zealand’s national star, with six of those points representing the anthem has no fewer than 10 references to six states of Australia and the seventh point God in five verses. In the fourth verse of the representing the Australian federal territories. United States national anthem are the words On our flag we also have the Southern Cross, ‘in God is our trust’. On 10 occasions refer- which indicates our geographic position in ence to God is made in the anthem of the the world. Our federation indicates that we United Kingdom, our former anthem and have a system of government that denies to currently our Australian royal anthem, God any level of government too much power and Save the Queen. I believe that, as a nation, ensures the maintenance of ongoing democ- we ought not to run away from the fact that racy. On our flag we have lots of blue, which we are based on Christian values and that is because Australia is an island continent. essentially we are a Christian nation. That is not to deny that, as a nation, we are particu- However, I now wish to raise another is- larly proud of our multiculturalism—the fact sue that has been of concern to me for sev- that we have been able to welcome people eral years, which relates to Australia’s na- from all around the world to become part of tional anthem, Advance Australia Fair. I be- our Australian family. But we ought not to lieve that it is a matter of concern that Aus-

CHAMBER Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 129 run away from the fact that, as a nation, our Agreement Act 1970, and for related pur- values are built on Christian values. More- poses. (Anglo-Australian Telescope Agree- over, we ought not to deny, in my view, what ment Amendment Bill 2005). I think is appropriate—and that is that God Mr Andrews to present a Bill for an Act in some way should be mentioned in Austra- to amend the social security law, and for lia’s national anthem. other purposes. (Employment and Workplace Various suggested changes to the wording Relations Legislation Amendment (Welfare of Advance Australia Fair have been made to Work and Other Measures) Bill 2005). and I do not presume to advise the nation or Mr John Cobb to present a Bill for an the parliament of what ought to be the ap- Act relating to Australian citizenship. (Aus- propriate form of words in Australia’s na- tralian Citizenship Bill 2005). tional anthem. However, having said that, I Mr John Cobb to present a Bill for an do believe that it ought not to be beyond our Act to provide transitional and consequential collective wisdom to bring forward a form of matters relating to the enactment of the Aus- words that properly and appropriately recog- tralian Citizenship Act 2005, and for other nises the key role of God in our nation’s na- purposes. (Australian Citzenship (Transition- tional anthem so that, like the New Zealand als and Consequentials) Bill 2005). national anthem and indeed like the UK national anthem, we can recognise the importance of God, our nation’s Christian values, our nation’s Christian foundation and what is visible from our national flag: the important role of the Christian religion. (Time expired) Organ Donation Mr SLIPPER (Fisher) (10.59 pm)—In the few remaining seconds before the House adjourns, I want to associate myself with the comments made by the honourable member for McPherson. I think it is tragic that, in Australia in 2005, we have so many people who are awaiting transplant operations simply because of people not having put their names on the organ register. I would just say how important I believe it is that all Austra- lians look at whether, in the event of tragedy, they are able to help their fellow Australians. I want to endorse the comments by the member for McPherson. House adjourned at 11.00 pm NOTICES The following notices were given: Dr Nelson to present a Bill for an Act to amend the Anglo-Australian Telescope

CHAMBER 130 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

QUESTIONS IN WRITING

Veterans: Gold Card (Question No. 1405) Mr Murphy asked the Minister for Veterans’ Affairs, in writing, on 23 May 2005: (1) Did the Prime Minister say that the Government would grant a Gold Card to all ex-servicemen who served in Japan with the British Commonwealth Occupation Forces (BCOF) after the cessation of hostilities following World War II; if so, what are the details; if not, why not. (2) Will the Government grant a Gold Card to the ex-servicemen who served in Japan with the BCOF after 29 October 1945; if so, when; if not, why not. Mrs De-Anne Kelly—The answer to the honourable member’s question is as follows: (1) and (2) Please refer to the answer provided to question number 1404, asked of the Prime Minister on 23 May 2005. Port Hedland Detention Centre (Question No. 1701) Mr Laurie Ferguson asked the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs, in writing, on 15 June 2005: (1) Can the Minister explain what happened during the incident that has been characterised by some sources as a riot at Port Hedland Detention Centre in December 2003. (2) Can the Minister confirm that a group of school students were present that day and were refused visiting rights; if so, was it the refusal by the department and detention centre officials to grant visiting rights that sparked the riot. (3) Were police officers present during the incident; if so (a) how many and (b) what did they do to combat the riot. (4) Can the Minister confirm that the school children were present and witnessed the alleged display of violence by guards and police officers combating the riot. (5) Did a number of detainees climb the roof of the detention centre in protest; if so, how many (a) detainees in total and (b) women and children were involved. (6) What happened to the detainees involved in the riot. (7) Was physically and excessive force used against the detainees. (8) What items were used to combat the detainees and did this include batons and tear gas. (9) Were any detainees injured; if so how many (a) in total and (b) were women and children. (10) Did any detainees require medical attention; if so, (a) why and (b) was it provided and what was the nature of the treatment provided. (11) Were any detainees (a) handcuffed and (b) refused food and water after the incident; if so, for how long in each instance. (12) Is it the case that a female guard at the detention centre was suspended after protesting about the handcuffing of a detainee not involved in the protest. (13) Were any detainees put into isolation or management support units; if so, for how long in each instance. (14) How many detainees put into management support units were (a) directly involved and (b) not directly involved in the riot.

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(15) Can the Minister confirm that the Commonwealth Ombudsman suggested that the department write ‘letters of regret’ to detainees who were allegedly put into these units but later identified as not being involved in the riot. (16) Was any video footage taken of events. (17) Was there any written correspondence about or record of the incident. (18) Was an investigation carried out by (a) the department, (b) the contractor and (c) any other organisation; if so, what were the findings, are they documented and will the Minister make them available. (19) Was it suggested that some officers and guards should be charged with offences; if so (a) what are the details and (b) what action was taken. (20) Was any disciplinary action taken against the officers and guards involved; if so what are the details. (21) Is it the case that the department denies the incident took place. (22) Was an initial investigation carried out by the Commonwealth Ombudsman into the incident; if so, did the Ombudsman require the department to appoint an investigator to further examine the incident. (23) Did the department refer the incident to (a) Australian Federal Police, (b) WA Police Service, and (c) WA Corruption and Crime Commission; is so what was the outcome of investigations. (24) How many investigations have been conducted in relation to this incident and what are the details of each. (25) Which investigations have been completed and what is the status of those investigations which have not been completed. (26) Has a report on the incident been completed; if so, will the Minister make it available. Mr John Cobb—The Minister for Immigration and Multicultural and Indigenous Affairs has provided the following answer to the honourable member’s question: (1) A serious disturbance arose at the Port Hedland Immigration Reception and Processing Centre (IRPC) on the afternoon of 4 December 2003. During the incident, a violent rooftop demonstration took place where detainees threw objects at Detention Services Provider (DSP) officers and several detainees self harmed. The DSP at the time was Australasian Correctional Management (ACM). The disturbance ended that evening after ACM deployed a Centre Emergency Response Team who used tear gas to disperse the detainees and gain control of the centre. ACM officers were assisted by Western Australian Police Service officers in re-gaining control of the situation. A number of detainees were subsequently removed to the Management Support Unit (MSU) for varying periods of time. (2) A group of school children from Perth (who were hoping to visit Port Hedland IRPC as part of a program of visits in the region) were in the town of Port Hedland on that day, but were not at Port Hedland IRPC. It was not the refusal that sparked the riot, but misinformation surrounding that refusal. An independent investigator engaged by my Department found that the catalyst for the riot was the (incor- rect) claim that my Department had refused the visit because of concerns that the students would be “raped” by the detainees. (3) Following the commencement of the incident the WA Police Service attended the IRPC and aided in quelling the disturbance. (a) There were 19 police in attendance.

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(b) The police officers aided ACM officers in bringing the situation under control through dispers- ing detainees and helping to move those detainees involved to the MSU. (4) None of the school children were present in the IRPC on the day of the disturbance. (5) (a) Twelve detainees climbed onto the roof at the IRPC. (b) There was one sixteen year old male in this group and no women or other children. (6) The detainees identified as involved in the disturbance were placed in the MSU and gradually returned to the general centre population. Some detainees moved to the MSU were later found to not have been involved and the Department wrote letters of apology to them. (7) Physical force was used in restoring order to the IRPC. The independent investigator found that, in his opinion, this force may have been excessive in some instances and recommended that these matters be referred to the appropriate law enforcement agency. The Australian Federal Police (AFP) found insufficient evidence to support any charges and the WA Police Service inquiry failed to sustain any of the allegations raised. (8) Chemical restraints were utilised in quelling the disturbance in line with the operational procedures for use. The independent expert found that the use of chemical restraints was justified. The WA Po- lice Service possessed batons and the WA Police Force inquiry found the use of police batons appropriate. (9) There were detainees injured. The investigator found that it was difficult to estimate the number of detainees that were injured during the riot. (9) (a) The investigator found that ACM records showed that three detainees were injured in the disturbance, and the investigator identified three (other) cases of detainees self harming. All were male. (b) My Department understands from video footage that there was at least one minor injured, a male who was 16 years old at the time, who self harmed. (10) Detainees were examined by the centre nurse with none found to require further medical attention. (11) (a) All detainees relocated to the MSU were handcuffed for varying amounts of time ranging from removal on arrival in the MSU to one hour and nineteen minutes. (b) No detainees were refused food and water. (12) No, this is not the case. (13) Twenty two detainees were placed in the MSU. The length of time for each varied from one night to 14 days. (14) There were 22 detainees relocated to the MSU following the disturbance. (a) Of these, 14 detainees had been directly involved in the disturbance. (b) Of the 22, there were eight detainees subsequently found not to have been involved. (15) The Commonwealth Ombudsman did not suggest that my Department write letters of regret to detainees placed in the MSU who were subsequently found not to be involved in the disturbance. In the recommendations of the independent report, commissioned by my Department to review the incident, it was suggested that these letters be considered. The Contract Administrator acted immediately upon receiving this recommendation. (16) Yes, video of aspects of the riot and close circuit television (CCTV) footage of the events was taken. (17) Written correspondence about the incident was received from the Human Rights and Equal Oppor- tunity Commission (HREOC), the Office of the Commonwealth Ombudsman (the Ombudsman), members of Parliament and the public. Written incident reports were prepared by ACM.

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(18) (a) My Department appointed an independent consultant to investigate and provide a report to address Terms of Reference which were developed by my Department in consultation with the Ombudsman and HREOC. I will be in a position to provide a copy of the report once I have received advice from the Australian Federal Police that this would not jeopardise any prosecution activity. (b) In January 2004, ACM advised it had undertaken an internal investigation into this matter and had developed a draft report. However, my Department has no record from ACM that an ACM investigation report was finalised or provided to my Department. My Department’s focus was on the independent investigation. The Terms of Reference of the independent investigation included identifying and critically analysing ACM’s handling of the circumstances leading up to the incidents, ACM’s handling of the disturbances and ACM’s management following the disturbance. The investigator had unfettered access to ACM personnel and records. Also, ACM had the opportunity to consider and comment on the independent report prior to its finalisation. (c) HREOC and the Ombudsman also instigated inquiries. The President of HREOC has recently advised my Department that he has come to a Tentative View in relation to the complaints made about the incident at Port Hedland IRPC. My Department is currently preparing a response to this Tentative View. As far as my Department is aware, these inquiries have not yet been finalised. (19) It was not suggested by DIMIA that any officers should be charged with offences. (a) The independent investigator found that, in his opinion, force used to quell the disturbance may have been excessive in some instances and recommended that these matters be referred to the appropriate law enforcement agency. (b) The AFP found insufficient evidence to support any charges and the WA Police Service inquiry failed to sustain any of the allegations raised. (20) Any disciplinary action would have been a matter for the WA Police Service or ACM. The DSP contractor changed ten days after this incident, and as previously stated the WA Police Service conducted an investigation into the actions of its officers and found no case for disciplinary action. (21) No, this is not the case. My Department commissioned an independent inquiry into the incident. (22) The Ombudsman carried out preliminary inquiries into this matter but when my Department established an independent inquiry, the Ombudsman acted upon the complaint it had received by tempo- rarily deferring to and having input into the independent inquiry. The Ombudsman has recognised that it is a matter for my Department to establish an independent inquiry into any issue. The Om- budsman has stated that on occasion, the Ombudsman has responded to my Department’s initiative by forestalling an inquiry that it might otherwise undertake into the same issue. (23) (a) The incident was referred to the AFP, who declined to accept the referral on the basis of there being insufficient evidence to support charges. (b) The incident was referred to the WA Police Service. The WA Police Service inquiry failed to sustain any of the allegations raised and noted the intent not to investigate the matter further. (c) The incident was referred to the Corruption and Crime Commission of Western Australia. The Corruption and Crime Commission of Western Australia referred the matters to the WA Police Service and has reviewed their findings, concluding that the WA Police Service’s investigation was adequate. The Corruption and Crime Commission of Western Australia has decided not to take any further action in relation to this matter.

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(24) The following investigations into the incident have been conducted: • an independent investigation commissioned by my Department with input from my Department, the Ombudsman, HREOC and ACM; • an Ombudsman inquiry; • a HREOC inquiry; • an ACM internal investigation; • AFP and WA Police Service inquiries into certain aspects of the incident; and • a review of the WA Police Service investigation by the Corruption and Crime Commission of Western Australia. (25) The independent investigation commissioned by my Department was completed on 7 May 2004. The AFP, the WA Police Service and the Corruption and Crime Commission of Western Australia have also concluded their investigations. I understand that the HREOC and Ombudsman inquiries are still ongoing. (26) The independent investigator’s report has been finalised. It was commissioned to independently assess the incident and to make recommendations for improvements to processes, procedures and practices in case of similar incidents in the future. Copies of the report were provided to ACM, the Ombudsman and HREOC, as well as police authorities. Once I hear from the AFP and am certain that releasing the report would not jeopardise any prosecution activity, I intend to release the report publicly. Service Fees (Question No. 1883) Mr Fitzgibbon asked the Minister for Revenue and Assistant Treasurer, in writing, on 9 August 2005: In respect of the Commissioner of Taxation’s statement to Senate Estimates on 2 June 2005 where he said “...where the service fees are over $1 million, for example... If in addition to that...we are seeing 50 per cent or more of the gross income of the firm being directed into service fees, they are probably the ones we would want to have a look at now”, can he clarify whether, in relation to audit of service trusts, the 50 per cent threshold figure relates to gross income of the firm or to the net profit of the firm or service entity. Mr Brough—The answer to the honourable member’s question is as follows: The 50 per cent threshold figure relates to gross income of the firm or service entity. However, analysis has shown that within the group of taxpayers presenting as a material risk it has been possible to identify those cases where the net profit in the service entity may represent more than 50% of the total profit of the professional firm. In these circumstances, the Commissioner has decided that this test will be added to the >$1M and >50% gross income tests. It should also be noted that the Com- missioner will continue to audit those cases where he has concerns about whether the services have actually been provided. Australian Technical Colleges (Question No. 1979) Ms Macklin asked the Minister for Vocational and Technical Education, in writing, on 9 August 2005: (1) What indicators did he use to determine the (a) level of youth unemployment, (b) significant industry base, and (c) significant skill shortages for each of the 24 regions in which an Australian Tech- nical College is proposed to be located.

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(2) What is the level of the indicators identified in part (1) for each of the 24 regions in which an Aus- tralian Technical College is proposed to be located. Mr Hardgrave—The answer to the honourable member’s question is as follows: (1) Information on (a) and (b) was obtained from the 2001 Census conducted by the Australian Bureau of Statistics (ABS) and (c) from the National and State Skill Shortage Lists, based on labour market intelligence, prepared by the Department of Employment and Workplace Relations (DEWR). (2) The key data for each of the 24 regions is summarised in the attached information. ATTACHMENT FOR HOUSE OF REPRESENTATIVES QUESTION 1979 New South Wales - Dubbo Key labour market data (2001 census) Working age (15 -64) population: 24,095 Total Employed:16,630 Total Unemployed (15-24): 440 Unemployment (15-24) rate: 13% Employment in trades as a per cent of total employment: 13.6% Per cent of tradespersons and related workers 45 years or older: 26.3% Age Profile 0-14: 9,350 15-24: 5,102 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES MAJOR EMPLOYERS AGRICULTURE (WHEAT, COTTON, CATTLE, SHEEP WESTERN PLAINS ZOO AND VEGETABLES) RETAIL MANUFACTURING CONSTRUCTION PROPERTY AND BUSINESS SERVICES

New South Wales - Gosford Key labour market data (2001 census) Working age (15 -64) population: 172,222 Total Employed: 110,544 Total Unemployed (15-24): 3,358 Unemployment (15-24) rate: 15.4% Employment in trades as a per cent of total employment: 14.5% Per cent of tradespersons and related workers 45 years or older: 27.7% Age Profile 0-14: 183,774 15-24: 115,038

QUESTIONS IN WRITING 136 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES AND EMPLOYERS MAJOR EMPLOYERS AGRICULTURE SANITARIUM MANUFACTURING SARA LEE CONSTRUCTION MASTER FOODS WHOLESALE/RETAIL TOURISM

New South Wales - Hunter Key labour market data (2001 census) Working age (15 -65) population: 301,351 Total Employed: 184,688 Total Unemployed (15-24): 7,918 Unemployment (15-24) rate: 19.3% Employment in trades as a per cent of total employment: 14.6% Per cent of tradespersons and related workers 45 years or older: 25.9% Age Profile 0-14: 97,964 15-24: 62,798 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS MANUFACTURING ONE STEEL COAL AND MINING ELECTROLUX HOME PRODUCTS VITICULTURE AND WINEMAKING TOMAGO ALUMINIUM TOURISM PORT WARATAH COAL SERVICE POWER GENERATION AMPCONTROL AGRIBUSINESS VARLEY ENGINEERING INFORMATION COMMUNICATIONS TECHNOLOGY. UNITED GONINANS HUNTER HEALTH HUNTER WATER CORPORATION ENERGY AUSTRALIA UNIVERSITY OF NEWCASTLE NIB HEALTH FUND LTD AUSTRALIAN DEFENCE INDUSTRIES (ADI) LTD

New South Wales - Illawarra Key labour market data (2001 census) Working age (15 -65) population: 184,576 Total Employed: 114,708 Total Unemployed (15-24): 4,262 Unemployment (15-24) rate: 17.1 % Employment in trades as a per cent of total employment: 14.8% Per cent of tradespersons and related workers 45 years or older: 25.9% Age Profile 0-14: 61,358 15-24: 39,552

QUESTIONS IN WRITING Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 137

INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS WHOLESALE AND RETAIL BHP MANUFACTURING BLUESCOPE STEEL HEALTH AND COMMUNITY SERVICES TECHNOLOGY AND RESEARCH PROPERTY AND BUSINESS SERVICES EDUCATION CONSTRUCTION

New South Wales - Lismore/Ballina Key labour market data (2001 census) Working age (15 -65) population: 68,821 Total Employed: 40,752 Total Unemployed (15-24): 1,713 Unemployment (15-24) rate: 22.3 % Employment in trades as a per cent of total employment: 11.7 % Per cent of tradespersons and related workers 45 years or older: 31.8% Age Profile 0-14: 22,555 15-24: 13,632 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS EDUCATION WOOLWORTHS HEALTH KMART MANUFACTURING FRANKLINS. AGRICULTURE HOSPITALS SERVICE BUSINESS SECTORS SOUTHERN CROSS UNIVERSITY TOURISM LISMORE CITY COUNCIL CONSTRUCTION NORCO COOPERATIVE

New South Wales - Port Macquarie Key labour market data (2001 census) Working age (15 -65) population: 79,440 Total Employed: 44,839 Total Unemployed (15-24): 1,663 Unemployment (15-24) rate: 21.1% Employment in trades as a per cent of total employment: 13.3% Per cent of tradespersons and related workers 45 years or older: 34.2% Age Profile 0-14: 28,276 15-24: 13,556

QUESTIONS IN WRITING 138 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS RETAIL RETAIL OUTLETS HEALTH AND COMMUNITY SERVICES CITY COUNCIL BUILDING AND CONSTRUCTION HOSPITALS AND ASSOCIATED HEALTH CARE MANUFACTURING SERVICES EDUCATION EDUCATION AND TRAINING SECTOR TOURISM CATHOLIC DIOCESE AGRICULTURE TOURISM SECTOR

New South Wales - Queanbeyan Key labour market data (2001 census) (ACT and region) Working age (15 -65) population: 245,910 Total Employed: 181,147 Total Unemployed (15-24): 4,190 Unemployment (15-24) rate: 11.2% Employment in trades as a per cent of total employment: 8.5% Per cent of employed tradespersons and related workers 45 years of age or older: 25.6% Age Profile 0-14: 75,164 15-24: 55,266 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS CONSTRUCTION WOOLWORTHS METALS AND ENGINEERING COLES RETAIL SPOTLIGHT PRIMARY INDUSTRIES COUNTRY ENERGY/ACTEWAGL TOURISM DUE TO THE CLOSE PROXIMITY OF CANBERRA, DEFENCE, GOVERNMENT AND ADMINISTRATION ARE ALSO RELEVANT.

New South Wales - Western Sydney Key labour market data (2001 census) Working age (15 -65) population: 843,777 Total Employed: 517,433 Total Unemployed (15-24): 13,945 Unemployment (15-24) rate: 13.3% Employment in trades as a per cent of total employment: 13.4% Per cent of tradespersons and related workers 45 years or older: 29.3% Age Profile 0-14: 276,377 15-24: 181,217

QUESTIONS IN WRITING Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 139

Secondary Students in the State Year 11: 68,259 Year 12: 59,943 INDUSTRY AND EMPLOYERS Major industries include: Manufacturing (this is considered to be the largest industry in the region as it accounts for 16% of the total employment) Property and business services Finance and insurance Construction (will remain one of the major industries due to the growth in population) Major growth industries include: Information and communication technologies Advanced manufacturing (including biotechnology industries) Tourism and recreation Business services Retail The region’s other industry sectors include: Education Health Agriculture Defence and aerospace Key employers include: State Government, in particular Health and Education Retailers Woolworths and Coles Myers Advance Metal Products Broens Engineering Nepean Engineering Victoria - Bairnsdale Key labour market data (2001 census) Working age (15 -65) population: 93,836 Total Employed: 57,264 Total Unemployed (15-24): 2,025 Unemployment (15-24) rate: 18.5% Employment in trades as a per cent of total employment: 14.7% Per cent of employed tradespersons and related workers 45 years of age or older: 30.5% Age Profile 0-14: 33,068 15-24: 18,681

QUESTIONS IN WRITING 140 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS SCHOOL EDUCATION PATTIES BAKERY HOSPITALS AND NURSING HOMES RIVIERA PROPERTIES GOVERNMENT ADMINISTRATION KENNEDY TRAILERS SPECIALISED FOOD RETAILING ABALONE FISHERMAN’S COOPERATIVE CAFES AND RESTAURANTS VEGCO LEGAL AND ACCOUNTING SERVICES WHITERS STREET CRANES GRAIN, SHEEP & BEEF CATTLE FARMS POST SCHOOL EDUCATION MEDICAL AND DENTAL SERVICES COMMUNITY CARE SERVICES

Victoria - Bendigo Key labour market data (2001 census) Working age (15 -65) population: 96,752 Total Employed: 62,546 Total Unemployed (15-24): 1,948 Unemployment (15-24) rate: 15.8% Employment in trades as a per cent of total employment: 13.0% Employed tradespersons and related workers 45 years of age or older: 27.5 % INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES AND EMPLOYERS KEY EMPLOYERS MANUFACTURING (12.7% OF ALL EMPLOYMENT) AAPT LTD EDUCATION CITY OF GREATER BENDIGO CONSTRUCTION SAFEWAY RETAIL QUALITY RESORT - ALL SEASONS BENDIGO BUSINESS AND PROFESSIONAL SERVICES. MCPHERSONS PRINTING HAZELDENE’S CHICKEN FARMS PTY LTD ADI LIMITED INDUSTRIAL AUTOMATION PTY LTD

Victoria - Eastern Melbourne Key labour market data (2001 census) Working age (15 -65) population: 693,722 Total Employed:498,347 Total Unemployed (15-24): 9,878 Unemployment (15-24) rate: 10.8% Employment in trades as a per cent of total employment: 10.5% Per cent of employed tradespersons and related workers 45 years of age or older: 31.1% Age Profile 0-14: 189,768 15-24: 146,291

QUESTIONS IN WRITING Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 141

INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS SCHOOL EDUCATION MEGT HOSPITALS AND NURSING HOMES VENTURA BUS LINES P L GOVERNMENT ADMINISTRATION AUSTRALIAN HOME CARE SPECIALISED FOOD RETAILING SAFEWAY SUPERMARKET AND GROCERY STORES NATIONAL HEARING CENTRES CAFES AND RESTAURANTS HUNGRY JACK’S PTY LTD LEGAL AND ACCOUNTING SERVICES DEPARTMENT OF HUMAN SERVICES – MEL- MOTOR VEHICLE SERVICES BOURNE VICTORIAN AUTOMOBILE CHAMBER OF COM- MERCE RADIO FREQUENCY SYSTEMS COLES SUPERMARKET PTY LTD HOSPITALITY STAFF MANAGEMENT

Victoria - Geelong Key labour market data (2001 census) Working age (15 -64) population: 127,358 Total Employed: 82,490 Total Unemployed (15-24): 2,715 Unemployment (15-24) rate: 15.9% Employment in trades as a per cent of total employment: 14.8% Per cent of employed tradespersons and related workers 45 years of age or older: 27.9% Age Profile 0-14: 40,952 15-24: 26,682 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS EDUCATION G-FORCE RECRUITMENT LTD HOSPITALS AND NURSING HOMES BARTTER ENTERPRISES PTY LTD SPECIALISED FOOD RETAILING FORD MOTOR COMPANY AUSTRALIA CAFES AND RESTAURANTS AIR RADIATORS PTY LTD MOTOR VEHICLE SERVICES SAFEWAY MARKETING AND BUSINESS MANAGEMENT SER- CITADEL PROTECTION SERVICES VICES BARWON WATER MCDONALDS CORIO BACCHUS MARSH COACHES PTY LTD AUSTRALIAN WOOL HANDLERS MCHARRY’S BUSLINES PTY LTD RIPCURL COTTON ON CLOTHING

Victoria - Sunshine Key labour market data (2001 census) Working age (15 -65) population: 460,111 Total Employed: 295,997

QUESTIONS IN WRITING 142 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Total Unemployed (15-24): 8,635 Unemployment (15-24) rate: 14.6% Employment in trades as a per cent of total employment: 13.0% Per cent of employed tradespersons and related workers 45 years of age or older: 27.5% Age Profile 0-14: 150,332 15-24: 96,360 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS SCHOOL EDUCATION FORD MOTOR COMPANY OF AUSTRALIA LIMITED HOSPITALS AND NURSING HOMES ARACO AUSTRALIA GOVERNMENT ADMINISTRATION STAR TRACK EXPRESS SPECIALISED FOOD RETAILING BAIADA POULTRY PTY LTD SUPERMARKET AND GROCERY STORES RYCO HYDRAULICS CAFES AND RESTAURANTS OLEX AUSTRALIA PTY LTD LEGAL AND ACCOUNTING SERVICES QANTAS AIRWAYS LIMITED MOTOR VEHICLE SERVICES CMI OPERATIONS PTY LTD GRAIN, SHEEP, AND BEEF CATTLE FARM COMPASS RECRUITMENT ATCO CONTROLS PTY LTD SAFEWAY AUSTRALIA POST RMD METAL PRODUCTS CMI FORGE FOXTEL WINDSOR CARAVANS PTY LTD SOMERVILLE RETAIL SERVICES PTY LTD SCHIAVELLO (VIC) PTY LTD

Victoria - Warrnambool Key labour market data (2001 census) Working age (15 -65) population: 37,449 Total Employed: 26,766 Total Unemployed (15-24): 539 Unemployment (15-24) rate: 11.4% Employment in trades as a per cent of total employment: 12.1% Per cent of employed tradespersons and related workers 45 years of age or older: 25.9% Age Profile 0-14: 14,098 15-24: 7,313

QUESTIONS IN WRITING Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 143

INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS EDUCATION WESTVIC WORK FORCE HOSPITALS AND NURSING HOMES MIDFIELD MEAT INTERNATIONAL GOVERNMENT ADMINISTRATION WARRNAMBOOL CHEESE AND BUTTER FACTORY SPECIALISED FOOD RETAILING/CAFES AND RES- MCDONALDS TAURANTS HUNGRY JACK’S PTY LTD LEGAL AND ACCOUNTING SERVICES CORANGAMITE SHIRE COUNCIL MOTOR VEHICLE SERVICES WARRNAMBOOL CO-OP GRAIN, SHEEP AND BEEF CATTLE FARMS SOU’WEST SEAFOODS PTY LTD MEDICAL AND DENTAL SERVICES WARRNAMBOOL CITY COUNCIL ACCOMMODATION RODGER CONSTRUCTIONS PTY LTD MARKETING AND BUSINESS MGT SERVICES ST JOHN OF GOD HEALTH CARE INC GEORGE TAYLOR’S STORES TERANG & MORTLAKE HEALTH SERVICES CLARKE’S PIES

Queensland - Gladstone Key labour market data (2001 census) Working age (15 -65) population: 27,758 Total Employed: 18,389 Total Unemployed (15-24): 655 Unemployment (15-24) rate: 17.2% Employment in trades as a per cent of total employment: 18.3% Per cent of tradespersons and related workers 45 years or older: 27.0% Age Profile 0-14: 10,534 15-24: 5,538 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS METALS AND MINERALS PROCESSING, NRG GLADSTONE POWER STATION GOVERNMENT UTILITIES (QUEENSLAND RAIL, CENTRAL QUEENSLAND PORTS AUTHORITY POWER AND PORT SERVICES), BOYNE SMELTERS ENGINEERING, CEMENT AUSTRALIA MANUFACTURING COMALCO ALUMINA REFINERY CONSTRUCTION. QUEENSLAND ALUMINA LIMITED ORICA AUSTRALIA GOLDING CONSTRUCTIONS Queensland - Gold Coast Working age (15 -65) population: 250,156 Total Employed: 161,119 Total Unemployed (15-24): 5,144 Unemployment (15-24) rate: 15.7% Employment in trades as a per cent of total employment: 13.3% Per cent of tradespersons and related workers 45 years or older: 29.6%

QUESTIONS IN WRITING 144 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Age Profile 0-14: 71,087 15-24: 48,780 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS ACCOMMODATION GOLD COAST CITY COUNCIL SCHOOL EDUCATION SEA WORLD THEME PARK CAFES AND RESTAURANTS BILLABONG INTERNATIONAL SPECIALISED FOOD RETAILING HOTEL CONRAD JUPITERS GAMBLING SERVICES OTHER RECREATIONAL SERVICES (INCLUDING AMUSEMENT PARKS).

Queensland - North Brisbane Key labour market data (2001 census) Working age (15 -65) population: 103,387 Total Employed: 73,220 Total Unemployed (15-24): 2,014 Unemployment (15-24) rate: 13.5 % Employment in trades as a per cent of total employment: 11.8% Per cent of tradespersons and related workers 45 years or older: 29.7% Age Profile 0-14: 31,501 15-24: 21,498 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS EDUCATION (UNIVERSITY OF QUEENSLAND) BRISBANE AIRPORT HEALTH AND BUSINESS SERVICES MAJOR ARMY BASE AT ENOGGERA MANUFACTURING (PRINTING AND PUBLISHING, BP OIL REFINERY AT PINKENBA METAL PRODUCTS, FURNITURE, MOTOR VEHICLE AND INDUSTRIAL MACHINERY) TRANSPORT, FREIGHT AND WHOLESALING

Queensland - Townsville Key labour market data (2001 census) Working age (15 -65) population: 98,483 Total Employed: 66,041 Total Unemployed (15-24): 2,444 Unemployment (15-24) rate: 15.3% Employment in trades as a per cent of total employment: 16.3% Per cent of tradespersons and related workers 45 years or older: 21.5% Age Profile 0-14: 31,808 15-24: 23,545

QUESTIONS IN WRITING Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 145

INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS RAW SUGAR PRODUCTION, GRAZING AND BEEF THEISS (CONSTRUCTION) PROCESSING XSTRATA COPPER (MINING) PUBLIC ADMINISTRATION AND DEFENCE JUPITER’S CASINO MANUFACTURING WOOLWORTHS, COLES-MYER MINERAL REFINING QLD NICKEL REFINERY TOURISM SUN METALS ZINC REFINERY FISHING EDUCATION, RESEARCH AND TERTIARY SERVICES

South Australia - Adelaide Working age (15 -65) population: 225,516 Total Employed: 140,659 Total Unemployed (15-24): 5,268 Unemployment (15-24) rate: 17.1% Employment in trades as a per cent of total employment: 14.4% Per cent of tradespersons and related workers 45 years or older: 29.4% Age Profile 0-14: 72,994 15-24: 48,286 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS AUTOMOTIVE HOLDEN SCHOOL EDUCATION DEFENCE, SCIENCE AND TECHNOLOGY ORGANI- DEFENCE SATION (DSTO) RUBBER PLANT MANUFACTURING

South Australia - Whyalla/Port Augusta Key labour market data (2001 census) Working age (15-65) population: 23,088 Total Employed: 13,215 Total Unemployed (15-24): 536 Unemployment (15-24) rate: 21.1% Employment in trades as a per cent of total employment: 15.3% Per cent of tradespersons and related workers 45 years or older: 30.4% Age Profile 0-14: 8,014 15-24: 4,440

QUESTIONS IN WRITING 146 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS MANUFACTURING (WHYALLA) CORPORATION OF THE CITY OF WHYALLA RETAIL TRADE (WHYALLA, PORT AUGUSTA) ONESTEEL HEALTH AND COMMUNITY SERVICES (WHYALLA, PORT AUGUSTA) METAL ORE MINING (PORT AUGUSTA)

Tamania - Northern Tasmania Key labour market data (2001 census) Working age (15 -64) population: 94,285 Total Employed: 58,112 Total Unemployed (15-24): 2,263 Unemployment (15-24) rate: 19.0% Employment in trades as a per cent of total employment: 13.0% Per cent of tradespersons and related workers 45 years or older: 29.5% Age Profile 0-14: 31,192 15-24: 19,536 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS MANUFACTURING COMALCO PROPERTY AND BUSINESS SERVICES ACL BEARINGS WHOLESALE AND RETAIL TRADE AGRICULTURE TOURISM

Western Australia - Perth South Key labour market data (2001 census) Working age (15 -65) population: 209,894 Total Employed: 138,289 Total Unemployed (15-24): 4,396 Unemployment (15-24) rate: 14.9% Employment in trades as a per cent of total employment: 12.6% Per cent of employed tradespersons and related workers 45 years of age or older: 28.1% Age Profile 0-14: 64,775 15-24: 46,708

QUESTIONS IN WRITING Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 147

INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS MANUFACTURING AUSTAL SHIPS PTY LTD RETAIL TRADE MOTOR INDUSTRY TRAINING ASSOCIATION OF HORTICULTURE WA FISHING WESTERN POWER CORPORATION WOOLWORTHS HUNGRY JACK’S PTY LTD DEPARTMENT OF JUSTICE - CUSTODIAL SPOTLESS SERVICES AUST LTD IMAGE MARINE PRESTIGE PROPERTY SERVICES Western Australia - Pilbara Key labour market data (2001 census) Working age (15 -65 population: 20,429 Total Employed: 13,993 Total Unemployed (15-24): 246 Unemployment (15-24) rate: 10.2% Employment in trades as a per cent of total employment: 19.5% Per cent of employed tradespersons and related workers 45 years of age or older: 25.1% Age Profile 0-14: 7,216 15-24: 3,713 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES KEY EMPLOYERS OIL AND GAS EXTRACTION NGARDA CIVIL & MINING METAL ORE MINING PILBARA IRON SCHOOL EDUCATION BHP BILLITON IRON ORE PTY LTD OTHER BUSINESS SERVICES KARRATHA INTERNATIONAL HOTEL ROBIL ENGINEERING PORTSIDE FABRICATION PTY LTD KARRATHA FLUID POWER QAL REFRIGERATION NEWMAN ENGINEERING ATMAR METAL FABRICATION SOUTH HEDLAND PLUMBING PILBARA CONTRUCTIONS PTY TLD SINEWAVE ELECTRICAL

Northern Territory - Darwin Key labour market data (2001 census) Working age (15 -65) population: 76,686 Total Employed: 52,530 Total Unemployed (15-24): 1,149 Unemployment (15-24) rate: 11.8% Employment in trades as a per cent of total employment: 14.2% Per cent of employed tradespersons and related workers 45 years of age or older: 22.1%

QUESTIONS IN WRITING 148 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Age Profile 0-14: 24,084 15-24: 15,217 INDUSTRY AND EMPLOYERS MAJOR INDUSTRIES MANUFACTURING AGRICULTURE, FORESTRY AND FISHING CONSTRUCTION WHOLESALE AND RETAIL TOURISM HEALTH AND COMMUNITY SERVICES

Skill Shortage List – Trades - December 2004 ASCO Occupation AUST NSW ENGINEERING TRADES 4112-11 Metal Fitter* N S* 4112-13 Metal Machinist* N S* 4113-11 Toolmaker* N S* 4122-11 Metal Fabricator* N M-D, R* 4122-15 Welder* N S* 4124-11 Sheetmetal Worker* N M-D, R* VEHICLE TRADES 4211-11 Motor Mechanic* N S* 4212-11 Auto Electrician* N S 4213-11 Panel Beater* N S* 4214-11 Vehicle Painter N S ELECTRICAL/ELECTRONICS 4311-11,13 Electrician* N S* 4312-11 Refrigeration and Airconditioning Me- N S* chanic* 4313 Electrical Powerline Trades* N S* 4314 Electronic Instrument Trades* N S* 4315 Electronic Equipment Trades* N S* 4315-13 Business Machine Mechanic* D* CONSTRUCTION TRADES 4411-11 Carpenter and Joiner* N Se* 4412-11 Fibrous Plasterer* N Se* 4414-11 Bricklayer* N Se* 4415-11 Solid Plasterer* N Se 4431-11 Plumber* N Se* FOOD TRADES 3322 Chef* N S 4512-11 Baker* S* 4513-11 Cook N S 4512-13 Pastrycook* N R* PRINTING TRADES 4911-11 Graphic Pre-press Trades 4912 Printing Machinist R

QUESTIONS IN WRITING Tuesday, 8 November 2005 HOUSE OF REPRESENTATIVES 149

ASCO Occupation AUST NSW 4913-11 Binder and Finisher WOOD TRADES 4921-11 Wood Machinist* S* 4922-11 Cabinetmaker* N S* OTHER TRADES 4931-11 Hairdresser N S 4942-11 Furniture Upholsterer* N S* N = National shortage S = State-wide shortage M = Shortage in metropolitan areas R = Shortage in regional areas D = Recruitment difficulties R-D = Recruitment difficulties in regional areas M-D = Recruitment difficulties in metropolitan areas * = See comments on specialisations E = shortage easing over the next 12 months na = not assessed Comments on trade specialisations in NSW Metal Fitter: NSW: shortages are evident for basic skills but especially for hydraulics and for shut-down and maintenance work. Metal Machinist: NSW: shortages are especially for Metal Machinists with skills in CNC machinery and hand operated heavy industrial machinery. Toolmaker: NSW: Shortages are particularly for Toolmakers with broad trade skills, hand operated tool- ing, CNC machining, plastic injection moulding, precision jobbing. Metal Fabricator: NSW: shortages are especially for Metal Fabricators with ability to work from plans, multiskilled tradespersons and those with experience in weld purging. Welder: NSW: shortages are especially for Welders with skills in stainless steel, aluminium, MIG and TIG welding. Sheetmetal Worker: NSW: shortages are especially for Sheetmetal Workers with welding skills. Motor Mechanic: NSW: shortages are especially for Motor Mechanics with specialist skills and experience in suspension, wheel alignment, engine reconditioning, used car dealerships and four wheel drives. Panel Beater: NSW: recruitment is particularly difficult for panel beaters with skills in prestige vehicle repairs. Auto Electrician: na Electrician: NSW: shortages are apparent across most sectors including commercial and industrial work, domestic building maintenance, communications cabling and electrical fitting. Refrigeration and Airconditioning Mechanic: NSW: shortages area apparent across most sectors but especially for commercial airconditioning in Sydney. Electrical Power Line Tradesperson: NSW: shortages are evident in maintenance and new supply work in both the power generation and distribution sectors.

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Electronic Instrument Trades: NSW: shortages are especially being experienced for positions requiring highly specialised experience in specified types of PLCs and control systems and positions requiring dual qualifications in electrical and instrumentation work. Electronic Equipment Trades: NSW: shortages are mostly for repairers experienced in specific makes and models. VIC: shortages are restricted to radio and TV repair. SA: shortages are restricted to radio and TV repair. Business Machine Mechanics: NSW: isolated recruitment difficulties exist for positions requiring experience in particular business machinery makes and models. Communications Trades: NSW: shortages are less severe for cabling technicians. Carpenter: NSW: shortages are most apparent for new residential building, residential maintenance and formwork carpentry. Fibrous Plasterer: NSW: shortages include plasterboard fixing, cornice and ornate plastering. Bricklayer: NSW: shortages are restricted to trade-level bricklayers. Solid Plasterer: na Plumber: NSW: shortages are evident in both the commercial and residential sectors and for roof plumbers. Chef: na Baker: NSW: shortage is mainly confined to broad trade skills, hand moulding skills and experience in specialised breads such as sourdough and gluten-free etc. Pastrycook: NSW: shortage is mainly confined to broad trade skills and experience in making pastries from scratch. Wood Machinist: NSW: shortages are especially for CNC skills, a range of experience with panel saws, spindle moulders, also experience in solid timber, laminated wood or composite material. Cabinetmaker: NSW: shortages are especially for the detailed joinery and fine furniture sector. VIC: shortage is of specialist furniture makers. Furniture Upholsterer: NSW: shortages are for especially for positions requiring quality re- upholstering/re-covering experience; also short supply of skills requiring combination of tasks like recovering/automobile trimming and making custom built furniture for refurbishments. Skill Shortage List – Trades December 2004 ASCO Occupation AUST VIC ENGINEERING TRADES 4112-11 Metal Fitter* N S 4112-13 Metal Machinist* N S 4113-11 Toolmaker* N S 4122-11 Metal Fabricator* N S 4122-15 Welder* N S 4124-11 Sheetmetal Worker* N S VEHICLE TRADES 4211-11 Motor Mechanic* N S 4212-11 Auto Electrician* N S 4213-11 Panel Beater* N S 4214-11 Vehicle Painter N S ELECTRICAL/ELECTRONICS 4311-11,13 Electrician* N S

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ASCO Occupation AUST VIC 4312-11 Refrigeration and Airconditioning N S Mechanic* 4313 Electrical Powerline Trades* N S 4314 Electronic Instrument Trades* N S 4315 Electronic Equipment Trades* N S* 4315-13 Business Machine Mechanic* CONSTRUCTION TRADES 4411-11 Carpenter and Joiner* N M-D, R 4412-11 Fibrous Plasterer* N M-D, R 4414-11 Bricklayer* N M-D, R 4415-11 Solid Plasterer* N M-D,R 4431-11 Plumber* N M-D, R FOOD TRADES 3322 Chef* N S* 4512-11 Baker* na 4513-11 Cook N S* 4512-13 Pastrycook* N S* PRINTING TRADES 4911-11 Graphic Pre-press Trades 4912 Printing Machinist 4913-11 Binder and Finisher D WOOD TRADES 4921-11 Wood Machinist* na 4922-11 Cabinetmaker* N M-D,R OTHER TRADES 4931-11 Hairdresser N S 4942-11 Furniture Upholsterer* N S

QUESTIONS IN WRITING 152 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Skill Shortage List – Trades December 2004 ASCO Occupation AUST QLD ENGINEERING TRADES 4112-11 Metal Fitter* N S* 4112-13 Metal Machinist* N S* 4113-11 Toolmaker* N S 4122-11 Metal Fabricator* N S 4122-15 Welder* N S 4124-11 Sheetmetal Worker* N S* VEHICLE TRADES 4211-11 Motor Mechanic* N S 4212-11 Auto Electrician* N S 4213-11 Panel Beater* N S 4214-11 Vehicle Painter N S ELECTRICAL/ELECTRONICS 4311-11,13 Electrician* N S* 4312-11 Refrigeration and Airconditioning N S Mechanic* 4313 Electrical Powerline Trades* N S 4314 Electronic Instrument Trades* N S 4315 Electronic Equipment Trades* N 4315-13 Business Machine Mechanic* CONSTRUCTION TRADES 4411-11 Carpenter and Joiner* N S* 4412-11 Fibrous Plasterer* N na 4414-11 Bricklayer* N S 4415-11 Solid Plasterer* N na 4431-11 Plumber* N S* FOOD TRADES 3322 Chef* N S 4512-11 Baker* na 4513-11 Cook N S 4512-13 Pastrycook* N S PRINTING TRADES 4911-11 Graphic Pre-press Trades S 4912 Printing Machinist S 4913-11 Binder and Finisher S WOOD TRADES 4921-11 Wood Machinist* na 4922-11 Cabinetmaker* N S* OTHER TRADES 4931-11 Hairdresser N S 4942-11 Furniture Upholsterer* N S

N = National shortage S = State-wide shortage M = Shortage in metropolitan areas R = Shortage in regional areas

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D = Recruitment difficulties R-D = Recruitment difficulties in regional areas M-D = Recruitment difficulties in metropolitan areas * = See comments on specialisations E = shortage easing over the next 12 months na = not assessed Comments on trade specialisations IN QLD Metal Fitter: QLD: Fitters who have skills to work underground on mining equipment and who have high skill levels in parts replacement for heavy earthmoving equipment are in particular shortage. Metal Machinist: QLD: Metal machinists who have high level CNC machine operating skills are in particularly strong demand. Sheetmetal Worker: QLD: shortages are particularly evident in the manufacture of aluminium hull boats, switchboards and stainless steel fittings. Electrician: QLD: shortages are particularly acute for electrical appliance servicing and industrial electricians. Carpenter: QLD: shortage is particularly for carpenters specialising in building staircases and balustrad- ing. Plumber: QLD: Mechanical Services Plumbers are particularly hard to recruit. Cabinetmaker: QLD: shortages are most evident for Cabinetmakers in high quality or meticulous and visible craftwork. Skill Shortage List – Trades December 2004 ASCO Occupation AUST SA ENGINEERING TRADES 4112-11 Metal Fitter* N S 4112-13 Metal Machinist* N S 4113-11 Toolmaker* N S 4122-11 Metal Fabricator* N S 4122-15 Welder* N S 4124-11 Sheetmetal Worker* N S VEHICLE TRADES 4211-11 Motor Mechanic* N S 4212-11 Auto Electrician* N S 4213-11 Panel Beater* N S 4214-11 Vehicle Painter N S ELECTRICAL/ELECTRONICS 4311-11,13 Electrician* N S 4312-11 Refrigeration and Airconditioning N S Mechanic* 4313 Electrical Powerline Trades* N S 4314 Electronic Instrument Trades* N D 4315 Electronic Equipment Trades* N D* 4315-13 Business Machine Mechanic* D* CONSTRUCTION TRADES 4411-11 Carpenter and Joiner* N Se 4412-11 Fibrous Plasterer* N Se 4414-11 Bricklayer* N

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ASCO Occupation AUST SA 4415-11 Solid Plasterer* N Se 4431-11 Plumber* N S FOOD TRADES 3322 Chef* N R 4512-11 Baker* na 4513-11 Cook N 4512-13 Pastrycook* N R PRINTING TRADES 4911-11 Graphic Pre-press Trades 4912 Printing Machinist D 4913-11 Binder and Finisher WOOD TRADES 4921-11 Wood Machinist* na 4922-11 Cabinetmaker* N S OTHER TRADES 4931-11 Hairdresser N S 4942-11 Furniture Upholsterer* N S

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ASCO Occupation AUST WA ELECTRICAL/ELECTRONICS 4311-11,13 Electrician* N S* 4312-11 Refrigeration and Airconditioning N S Mechanic* 4313 Electrical Powerline Trades* N S 4314 Electronic Instrument Trades* N S 4315 Electronic Equipment Trades* N 4315-13 Business Machine Mechanic* CONSTRUCTION TRADES 4411-11 Carpenter and Joiner* N S 4412-11 Fibrous Plasterer* N S 4414-11 Bricklayer* N S 4415-11 Solid Plasterer* N S 4431-11 Plumber* N S* FOOD TRADES 3322 Chef* N S* 4512-11 Baker* na 4513-11 Cook N 4512-13 Pastrycook* N S PRINTING TRADES 4911-11 Graphic Pre-press Trades 4912 Printing Machinist 4913-11 Binder and Finisher WOOD TRADES 4921-11 Wood Machinist* na 4922-11 Cabinetmaker* N OTHER TRADES 4931-11 Hairdresser N S 4942-11 Furniture Upholsterer* N S N = National shortage S = State-wide shortage M = Shortage in metropolitan areas R = Shortage in regional areas D = Recruitment difficulties R-D = Recruitment difficulties in regional areas M-D = Recruitment difficulties in metropolitan areas * = See comments on specialisations E = shortage easing over the next 12 months na = not assessed Comments on trade specialisations Metal Fitter: WA: shortages are especially for heavy duty fitters. Welder: WA: shortages are most evident for coded welders highly skilled in specialist procedures. Motor Mechanic: WA: shortages are particularly evident for truck and diesel mechanics. Auto Electrician: WA: shortages are particularly evident for auto electricians experienced in working with heavy equipment in the mining industry.

QUESTIONS IN WRITING 156 HOUSE OF REPRESENTATIVES Tuesday, 8 November 2005

Electrician: WA: shortages are evident for electricians with cabling licenses and data/communications experience. Plumber: WA: shortages are especially evident for roof plumbers. Chef: WA: in metropolitan areas, the shortage is restricted to some Asian cuisines, particularly Indian, Japanese and Thai, although more general shortages are evident in regional areas. Skill Shortage List – Trades December 2004 ASCO Occupation AUST TAS ENGINEERING TRADES 4112-11 Metal Fitter* N S 4112-13 Metal Machinist* N S 4113-11 Toolmaker* N S* 4122-11 Metal Fabricator* N S 4122-15 Welder* N S 4124-11 Sheetmetal Worker* N S VEHICLE TRADES 4211-11 Motor Mechanic* N S 4212-11 Auto Electrician* N S 4213-11 Panel Beater* N S 4214-11 Vehicle Painter N S ELECTRICAL/ELECTRONICS 4311-11,13 Electrician* N S 4312-11 Refrigeration and Airconditioning N S Mechanic* 4313 Electrical Powerline Trades* N S 4314 Electronic Instrument Trades* N S 4315 Electronic Equipment Trades* N S 4315-13 Business Machine Mechanic* S CONSTRUCTION TRADES 4411-11 Carpenter and Joiner* N S 4412-11 Fibrous Plasterer* N S 4414-11 Bricklayer* N S 4415-11 Solid Plasterer* N S* 4431-11 Plumber* N S FOOD TRADES 3322 Chef* N S 4512-11 Baker* na 4513-11 Cook N 4512-13 Pastrycook* N S* PRINTING TRADES 4911-11 Graphic Pre-press Trades 4912 Printing Machinist 4913-11 Binder and Finisher WOOD TRADES 4921-11 Wood Machinist* na 4922-11 Cabinetmaker* N S OTHER TRADES 4931-11 Hairdresser N S 4942-11 Furniture Upholsterer* N S

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N = National shortage S = State-wide shortage M = Shortage in metropolitan areas R = Shortage in regional areas D = Recruitment difficulties R-D = Recruitment difficulties in regional areas M-D = Recruitment difficulties in metropolitan areas * = See comments on specialisations E = shortage easing over the next 12 months na = not assessed Comments on trade specialisations in TAS Toolmaker: TAS: Toolmaker is a very small occupation in Tasmania. Refrigeration and Airconditioning Mechanic: na Solid Plasterer: TAS: solid plastering is a very small occupation in Tasmania. Pastrycook: TAS: shortages are particularly for specialist dessert chefs, specialist patisserie pastry cooks. Skill Shortage List – Trades December 2004 ASCO Occupation AUST NT ENGINEERING TRADES 4112-11 Metal Fitter* N S* 4112-13 Metal Machinist* N S 4113-11 Toolmaker* N na 4122-11 Metal Fabricator* N S* 4122-15 Welder* N S* 4124-11 Sheetmetal Worker* N S VEHICLE TRADES 4211-11 Motor Mechanic* N S 4212-11 Auto Electrician* N S 4213-11 Panel Beater* N S 4214-11 Vehicle Painter N S ELECTRICAL/ELECTRONICS 4311-11,13 Electrician* N S 4312-11 Refrigeration and Airconditioning N S Mechanic* 4313 Electrical Powerline Trades* N S 4314 Electronic Instrument Trades* N M-D,R 4315 Electronic Equipment Trades* N S 4315-13 Business Machine Mechanic* S CONSTRUCTION TRADES 4411-11 Carpenter and Joiner* N S* 4412-11 Fibrous Plasterer* N S 4414-11 Bricklayer* N M* 4415-11 Solid Plasterer* N S 4431-11 Plumber* N S*

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ASCO Occupation AUST NT FOOD TRADES 3322 Chef* N S 4512-11 Baker* na 4513-11 Cook N S 4512-13 Pastrycook* N D PRINTING TRADES 4911-11 Graphic Pre-press Trades 4912 Printing Machinist 4913-11 Binder and Finisher WOOD TRADES 4921-11 Wood Machinist* na 4922-11 Cabinetmaker* N S OTHER TRADES 4931-11 Hairdresser N S 4942-11 Furniture Upholsterer* N na N = National shortage S = State-wide shortage M = Shortage in metropolitan areas R = Shortage in regional areas D = Recruitment difficulties R-D = Recruitment difficulties in regional areas M-D = Recruitment difficulties in metropolitan areas * = See comments on specialisations e = shortage easing over the next 12 months na = not assessed Comments on trade specialisations in NT Metal Fitter: NT: shortages are especially evident for Metal Fitters with heavy duty and underground experience. Metal Fabricator: NT: shortages are particularly evident for fabricators with new construction (setting and mark out skills) and aluminium and stainless steel experience. Welder: NT: shortages are particularly for welders with TIG welding experience. Refrigeration and Airconditioning Mechanic: Carpenter: NT: shortages are particularly evident for carpenters skilled in large scale construction projects. Bricklayer: NT: shortages are evident for bricklayers skilled in large scale construction projects. Plumber: NT: shortage is particularly apparent for plumbers skilled in the maintenance of existing domestic plumbing. Australian Technical Colleges (Question No. 1980) Ms Macklin asked the Minister for Vocational and Technical Education, in writing, on 9 August 2005: What are the (a) registered schools, (b) registered training organisations, and (c) other partners in each of the successful consortia which will operate the Australian Technical Colleges in the locations announced on 15 July 2005.

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Mr Hardgrave—The answer to the honourable member’s question is as follows: As negotiations are currently underway with successful organisations (a) registered schools, (b) registered training organisations and (c) other partners have not yet been confirmed. The information can be made available once agreements are finalised. Australian Technical Colleges (Question No. 1981) Ms Macklin asked the Minister for Vocational and Technical Education, in writing, on 9 August 2005: Who are the members of the industry advisory boards or interim industry advisory boards for each of the successful consortia which will operate the Australian Technical Colleges in the locations announced on 15 July 2005. Mr Hardgrave—The answer to the honourable member’s question is as follows: As negotiations are currently underway with the successful organisations the members of the industry advisory boards or interim advisory boards for each of the Australian Technical Colleges have not yet been confirmed. This information can be made available once the agreements are finalised. Australian Technical Colleges (Question No. 1982) Ms Macklin asked the Minister for Vocational and Technical Education, in writing, on 9 August 2005: (1) How many students is it anticipated will be enrolled at each Australian Technical College in 2006. (2) How many students will each proposed College enrol when it is operating at full capacity. (3) In what year is it expected that each of the proposed Colleges will be operating at its full capacity. Mr Hardgrave—The answer to the honourable member’s question is as follows: (1) As negotiations with the successful organisations are currently underway the number of students to be enrolled in 2006 has not yet been confirmed. (2) As negotiations with the successful organisations are currently underway the number of students to be enrolled when the College is operating at full capacity has not yet been confirmed. (3) As negotiations with the successful organisations are currently underway year that the Colleges will be operating at full capacity has not yet been confirmed. The information can be made available once the agreements are finalised. Coaching Services (Question No. 2039) Mr Bowen asked the Treasurer, in writing, on 11 August 2005: (1) Did the Australian Tax Office engage 6E Leadership Coaching at a cost of $49,500 to conduct executive coaching services. (2) What are the names of the executives who participated in this program and what form did the coaching take. Mr Brough—The Treasurer has referred this question to me as it falls within my ministerial responsibilities. The answer to the honourable member’s question is as follows: (1) Yes the ATO did engage the services of 6E Leadership Coaching. The maximum possible value of the services provided is $49,500 inc GST.

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(2) It is not appropriate to name individual ATO officers. I can confirm that there are currently six staff members at the Executive Level 2 level involved in the coaching. The coaching addresses and is consistent with the development needs identified through the Australian Public Service Commis- sion Career Development Assessment Centre process. Talent Pool Program (Question No. 2415) Mr Bowen asked the Minister for Revenue and Assistant Treasurer, in writing, on 10 Oc- tober 2005: Did the Australian Taxation Office extend the contract of The Leading Factor Pty Ltd to develop, implement and maintain a development program for the SES Leadership Talent Pool at a cost of $593,570; if so, what was the value of the original contract, for how long has it been extended and what specific services are provided under the terms of the contract. Mr Brough—The answer to the honourable member’s question is as follows: Yes. The Australian Taxation Office took up the 2nd and final option term provided in the contract with the Leader Factor Pty Ltd with a commencement of 1 July 2005 and an expiry date of 30 June 2006. The original contract commenced 4 April 2003 with an expiry of 31 March 2004, which included the initial development of the SES Talent Pool. The value of the original contract was $330,000. Services provided included the initial design and development of the SES Talent pool program, conducting assessments and executive coaching. 21 members were originally included in the SES Talent Pool. The first option term of the contract commenced 1 July 2004 with an expiry date of 30 June 2005. This term included work on the SES and EL2 Talent Pools, along with other ad-hoc leadership development projects. The value of the first option term was $459,277. Services provided included the further design and development of the SES Talent Pool and ad-hoc support for the EL2 Talent pool program, conducting assessments and executive coaching of SES Talent Pool members. The final option term includes work on the SES Talent Pool and EL2 Talent Pool programs, along with other ad-hoc leadership development projects. The value of the second option term is $593,570. Ser- vices provided include the further development of the SES and EL2 Talent pool programs along with conducting assessments and executive coaching of SES Talent Pool members. Currently, 25 members of the SES Talent Pool and 44 members of the EL2 Talent Pool are participating in this program. Consultancy Services (Question No. 2416) Mr Bowen asked the Minister for Revenue and Assistant Treasurer, in writing, on 10 Oc- tober 2005: Did the Australian Taxation Office engage Cognos Pty Ltd to provide consulting services at a cost of $44,335; if so, what are the consulting services provided under the terms of this contract. Mr Brough—The answer to the honourable member’s question is as follows: Yes. Cognos is a supplier of online analytical processing software, budget planning & reporting software and enterprise reporting software to the ATO. Since 1998 the ATO has spent a total of $8,233,300 with Cognos . This comprises $5,883,800 for software licence fees, $2,059,200 for software maintenance & support, $261,800 for services related to the use of that software and $28,600 for training related to that software.

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Consultancy Services (Question No. 2451) Mr Bowen asked the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs, in writing, on 11 October 2005: Did the Minister’s department engage Alliance Consulting Group at a cost of $31,072; if so, what services were provided under the terms of this contract. Mr John Cobb—The Minister for Immigration and Multicultural and Indigenous Affairs has provided the following answer to the honourable member’s question: Yes. The Department engaged the services of Alliance Consulting Group to a maximum cost of $31,072 (GST inclusive). Alliance Consulting Group are contracted to advise on an approach to the market for a Portfolio Management Software Tool and to prepare procurement documentation. As at 17 October, no monies have been invoiced under the contract.

QUESTIONS IN WRITING