Summary of Legislation Enacted by Queensland State Government Affecting UFUQ Members' Employment Rights. Industrial Relations

Summary of legislation enacted by Queensland State government affecting UFUQ members’ employment rights.

Industrial Relations (Fair Work Act Harmonisation) and Other Legislation Amendment Bill 2012. (May 2012).

Summary of changes:

• Restrictions on the right to take industrial action. • Complicated and lengthy processes for balloting industrial action • Government can forbid industrial action. • Forced arbitration. • Requirement for QIRC to consider government ‘fiscal strategy’ and ‘financial position’ • Government can bypass the union in CA negotiations and ballots. • Provides for Treasury to directly brief the QIRC without cross-examination of government and agency budgets • Dilution of QIRC independence • Public Service Commission appeals referred to QIRC

MP Speakers for MP Speakers against Bleijie (Kawana —LNP) Palaszczuk (Inala —ALP) Elmes (Noosa—LNP) Bill Byrne (Rockhampton —ALP) Dr Douglas (Gaven—LNP) Tim Mulherin (Mackay—ALP) Crandon (Coomera—LNP) Curtis Pitt (Mulgrave—ALP) Gulley (Murrumba—LNP) Desley Scott (Woodridge—ALP) Molhoek (Southport—LNP) Jackie Trad (South Brisbane—ALP) Kaye (Greenslopes—LNP) Jo-Ann Miller (Bundamba—ALP) Stewart (Sunnybank—LNP) Liz Cunningham (Gladstone—Ind) Driscoll (Redcliffe—LNP) Dr Davis (Stafford—LNP) Hart (Burleigh—LNP) Berry (Ipswich—LNP) Sorensen (Hervey Bay—LNP) Ostapovitch (Stretton—LNP) Ruthenberg (Kallangur—LNP) Krause (Beaudesert—LNP)

MP Voters for: MP votes against: AYES, 76— NOES, 10— LNP - Barton, Bates, Bennett, Berry, Bleijie, ALP-Byrne, Mulherin, Palaszczuk, Pitt, Trad. Cavallucci, Choat, Costigan, Cox, Crandon, Tellers: Miller, Scott Cripps, Crisafulli, Davies, C Davis, T Davis,

Dempsey, Dickson, Dillaway, Douglas, KAP – Katter, Knuth Dowling, Driscoll, Elmes, Emerson, Flegg, France, Frecklington, Gibson, Grant, Ind - Cunningham Grimwade, Gulley, Hart, Hathaway, Hobbs, Holswich, Hopper, Johnson, Judge, Kaye, Kempton, King, Krause, Langbroek, Latter, Maddern, Malone, Mander, McArdle, McVeigh, Millard, Minnikin, Molhoek, Newman, Nicholls, Ostapovitch, Powell, Pucci, Rice, Rickuss, Ruthenberg, Seeney, Shorten, Shuttleworth, Sorensen, Springborg, Stevens, Stewart, Stuckey, Symes, Trout, Walker, Watts, Woodforth, Young. Tellers: Menkens, Smith

Ind - Wellington

MP quotes during parliamentary debate:

Anastasia Palazczuk (ALP): The bill is nothing short of an attack on the independence of the Queensland Industrial Relations Commission, an attack on the ability of workers to be represented by a union and an attack on the rights and conditions of working Queenslanders.

This is an attack on the wages and conditions of our teachers, nurses, firefighters, wardies, teacher aides, cleaners, council workers and ambos and their families.

This is quite simply the LNP government legislating for its own interests against the interests of Queensland’s teachers, nurses, cleaners, firefighters and ambos. The LNP approach is even more concerning with the insertion of the requirement of the commission to consider not only the position of the state government but also the financial position of the public sector entity. It was confirmed by the department’s submission to the committee hearing that this inserted clause deliberately requires the commission to consider not only the overall financial position of the government and the state economy but also the financial position of the specific public sector entity. The cause of concern is that it is the government that determines the financial position of a specific public sector entity at any given time. For example, these changes would enable the government to unfairly and maliciously set its own rules for determining the outcome. Despite a government having healthy finances overall, it could direct funding away from a particular public entity and then go to the commission crying poor, insisting that the poor financial position of that particular entity demands poor outcomes for the wages and conditions of the employees.

As was pointed out by the insightful submission from the United Firefighters Union which stated that the LNP rationale ‘misses the point; even where an agreement is between the employer and employees, the employees should still have the right to be represented by the employee organisation to which they belong’.

Bill Byrne (ALP): This bill is the LNP government’s attempt to roll out its version of Work Choices. In essence, this bill seeks to undermine workers’ collective bargaining and representation rights and move the industrial relations balance entirely in favour of the employer—in this case, the LNP government. This bill requires the Queensland Industrial Relations Commission to bend to the fiscal strategy of the LNP. Clearly this element corrupts the independence of the tribunal.

Has the LNP government bothered to fully and appropriately consult with the likes of teachers, fire and rescue professionals, ambos and nurses—those genuine, front-line, hardworking public sector employees out there busting their gut to deliver services to our communities?

This obtuse bill is about weakening the independent umpire, disenfranchising collective bargaining, bringing threat rather than respect into the industrial relations landscape and disrespecting police officers, firies, ambos, park rangers and tradies—all from portfolios I shadow.

Scott Driscoll (LNP): I am thrilled to see a piece of legislation like this.

As someone who has been an employer and has worked in the industrial relations system, certainly I commend this bill to the House.

Tim Mulherin (ALP): To require the independent umpire, the QIRC—a quasi-judicial body—to basically implement government policy is a breach of the doctrine of separation of powers, something which has not been very slow to raise its ugly spectre in homage to the Premier’s hero, Joh Bjelke-Petersen, in the earliest days of this government.

The bill is an affront to the QIRC and to the established industrial landscape of this state. It sidelines the independent umpire, fails to observe the doctrine of separation of powers, provides legislatively for political interference by the minister and forces the commission to take into account information that has not been tested by parties to any dispute and does not even allow for such testing.

Curtis Pitt (ALP): During the public hearing, I asked the United Firefighters Union State Secretary, John Oliver, if the Premier or his team consulted with the UFU prior to the election or informed them of any proposed changes to Queensland’s industrial system. He responded by saying that he was ‘completely taken by surprise’ by this proposed legislation.

Of all the promises broken by the Newman government since it came to office, this is the most significant so far.

Jackie Trad (ALP): It is loading the dice in favour of the government in all industrial matters affecting public sector workers.

Thus, the Newman government is deliberately putting the commission in a compromising position. Whether the commission supports the government’s fiscal plan or decides contrary to government submissions, the commission’s role has become politicised.

Jo-Ann Miller (ALP): By attacking the powers of the independent umpire, the Queensland industrial Relations Commission, these conservatives are following John Howard with WorkChoices, breaking their vows to the electorate and taking things too far.

Who will be the cannon fodder for this tory government? Yes, the hardworking, front-line workers of this state. It will be those workers who work hard each day for all Queenslanders despite what party they support and whether they are union members or not—the paramedics, the nurses, the teachers, the coppers, the firefighters. Some of them risk their own lives to help their fellow Queenslanders in need. They are dedicated, brave men and women of Queensland. How dare these remarkable men and women be left without representation because you two-bob tories want to play politics with their livelihoods and those of their families.

Instead of supporting these workers, instead of making it better for these people who do so much for all of us, the LNP are putting in place mechanisms to stop any improvements—to stop

improvements to their working conditions, to stop them trying to improve their wages for their families.

They want to cut out the independent umpire which ensures the great front-line workers of the state have a chance to stand up for themselves and their families to get a fair day’s pay for a fair day’s work.

Jon Krause (LNP): I am particularly interested in this area of legislation and have held a keen academic interest in it since my days at university, when I undertook as an elective a course known as labour law.

Of course, in those days at university we had a far better piece of federal legislation to study than we have now. We had the Workplace Relations Act 1996. They were the days of low rates of industrial action and increasing productivity. They were the days when Australia’s economy was under the stewardship of John Howard and Peter Costello.

Liz Cunningham (Ind): I am happy to admit I am not across the implications of all this legislation. I do not know how it is going to play out in real life, and I am concerned that the application of it in real life could hurt a lot of hard working people.

There have been members who have talked about the fact that part of the process of the QIRC in determining wage fixing is to take into account the ability of the employer to pay. In this instance overwhelmingly the employer is the government and the ability to pay lies at the foot of the people of Queensland.

As outlined in the report most of the unions have repeated that statement—that the QIRC already has to have regard to that matter. We talk about balancing wages and the ability of the employer to pay. It is a fundamental in fiscal responsibility

I do not have any problem with that. Get rid of those who have been political appointees, but do not disadvantage the teachers, the nurses, the firefighters—all of those emergency service workers who work for a pittance in some instances—at the altar of a political agenda if, indeed, that is what this bill is.

Public Service and Other Legislation Amendment Bill 2012 (June 2012)

Summary of changes: • Transferred responsibility for the administration of the QIRC from the president to the vice president. • Allowed for increased use of lawyers in the QIRC • Invalidation of award and agreement job security conditions. • Invalidation of award and agreement terms dealing with ‘contracting out’, ‘employment security’ and ‘organisational change’. • Invalidation of existing “Termination, Change and Redundancy” consultation requirements.

MP Speakers for: MP Speakers against: Bleije (Kawana – LNP) Pitt (Mulgrave – ALP) Crandon (Coomera - LNP) Palazczuk (Inala – ALP) Elmes (Noosa—LNP) Mulherin (Mackay – ALP) Pucci (Logan—LNP) Byrne (Rockhampton – ALP) Gulley (Murrumba – LNP) Scott (Woodridge – ALP) Kaye (Greenslopes – LNP) Miller (Bundamba – ALP) Ostapovich (Stretton) Knuth (Dalrymple – KAP) Sorensen (Hervey Bay – LNP) Liz Cunningham (Gladstone – Ind) Stewart (Sunnybank – LNP)

MP Voters for: MP votes against: AYES, 60— NOES, 11— LNP - Barton, Bennett, Berry, Bleijie, ALP - Byrne, Mulherin, Palaszczuk, Pitt, Trad. Boothman, Cavallucci, Choat, Costigan, Cox, Tellers: Miller, Scott Crandon, Cripps, Davies, T Davis, Dickson, Dillaway, Douglas, Dowling, Elmes, Emerson, KAP - Katter, Knuth Flegg, France, Frecklington, Grant, Grimwade, Gulley, Hathaway, Hopper, Johnson, Judge, Ind - Cunningham, Wellington Kaye, King, Krause, Latter, Maddern, Malone, Mander, McArdle, McVeigh, Millard, Minnikin, Molhoek, Newman, Ostapovitch, Pucci, Rickuss, Ruthenberg, Seeney, Shorten, Sorensen, Springborg, Stevens, Stewart, Stuckey, Symes, Walker, Watts, Woodforth, Young. Tellers: Menkens, Smith

MP quotes during parliamentary debate:

Curtis Pitt (ALP): In the public briefing by departmental officials, the government asked the department on two occasions why there had not been consultation on this legislation. On each occasion the department answered that this was because it was not government policy to consult. I will say that again: because it was not government policy to consult. It appears that this government is so bad at consultation that it has failed to even consult with its own committee members about

the fact that the government’s policy is not to consult. This is a farce and something one would expect to see on an episode of Yes, Minister.

Most concerning of all are the amendments in this legislation to broaden the scope for legal representation in the Industrial Relations Commission. The strength of the Queensland Industrial Relations Commission is that it is a layperson’s court. In fact, in describing the transfer of administrative arrangements, the committee report at page 11 describes the commission as a ‘lay tribunal’. It is a forum where workers and union advocates can operate on a level playing field with employers. The justification provided for these changes—that industrial relations matters are now more complex—is about as bad as no justification at all. Introducing legal representation will only make these matters more complex. It allows parties to slow decision making by bogging it down in legal technicality

This government claims to stand for efficiency and reducing costs, but all that allowing broader legal representation will do is balance negotiations in the government’s favour. It will allow the government to stall negotiated outcomes and increase costs for all parties concerned. As the United Firefighters Union outlined in their submission, some of these increased costs will have to be met by the government.

Michael Pucci (LNP): Changes to the act will also see greater access to legal representation, which in turn will assist government in managing negotiations that would otherwise require arbitration by the Queensland Industrial Relations Commission.

Bill Byrne (ALP): With these disgraceful amendments the government will take away job security provisions for Queensland public servants. It is outrageous and unforgivable to add these amendments at this last minute and not allow time for proper consideration or consultation. What these changes do is allow the government to outsource key government services on a whim. It strips away working conditions negotiated through the Industrial Relations Commission.

I now turn to the changes to the Industrial Relations Commission concerning legal representation. The Queensland Industrial Relations Commission was designed as a layperson’s tribunal and currently many matters are heard without legal representation. This ensures hearings are less combative, less adversarial and less prone to be bogged down by the unnecessary minutiae of legal argument. While legal representation is currently allowed in limited circumstances, this bill significantly expands the scope of when legal representation will be allowed in the commission. These changes mean businesses and the government, with their greater financial means, can hire fancy big-town lawyers to ride roughshod over employees. The truth of the matter is that many employees will be unable to afford legal representation while their employers get the best lawyers money can buy. The Queensland Industrial Relations Commission will be more focused on legal loopholes rather than emphasising fairness and natural justice.

In short, this bill threatens to turn the Queensland Industrial Relations Commission into nothing more than a banquet for fancy big-city lawyers.

Jackie Trad (ALP): In relation to the changes to the provision to allow for widening of the scope for possible reasons for lawyers to appear in the Queensland Industrial Relations Commission, this is about muscling up and using the full force of government to come down on workers.

On Tuesday I was proud to stand shoulder to shoulder with my fellow ALP parliamentary colleagues with the hardworking men and women of the Queensland Fire and Rescue Service and the Queensland Ambulance Service. I would like to take this opportunity to thank the members of Katter’s Australian Party and the member for Nicklin for coming down and showing their support. They are true members who stand up for their community and the members of the Public Service in this state and do not just follow the party line, like the spineless members opposite. The men and women of the Fire and Rescue Service and the Ambulance Service marched on this place to speak to their government about their pay and conditions. These people are front-line workers. They are the ones who go out on our streets day after day protecting us and looking after us when we are sick or in a car crash. They do this day in, day out. Our men and women of the Public Service are some of the finest, if not the finest, in the country.

Desley Scott (ALP): I find it an absolute disgrace that the minister responsible for industrial relations in this state has expressed such antiunion sentiments so publicly. As is clear from today’s amendments, he obviously approaches all of his dealings with unions and workers on this basis— that he will disagree with them just because he does not want to agree with them. This will not result in a particularly harmonious industrial situation in Queensland and it must make public sector workers quake in their boots. Just like the voices of the teachers, the firefighters and the ambulance officers we have heard outside the gates of the parliament this week, these are real people with real jobs who deserve to be listened to and treated with respect.

Shane Knuth (KAP): The other day I attended the rally with the ambos and the firies. I could understand why they were angry and why they were protesting. I point out that the ambos and firies are in the top 10 of the most trusted professions. Politicians are around No. 75.

Jo-Ann Miller (ALP): The Newman LNP government wants to drag Queensland back into the dark ages, back to the days when they were well-to-do and they had serfs and treated them like slaves. While they reposition the goalposts on what front-line services are, while they slash and burn the jobs of hardworking Queenslanders, while they strip away the conditions of workers like ambos and firies, while they attempt to remove the right to strike, while they abolish services aimed at helping hardworking Queenslanders.

This is a government that lets its ideology rule over good management, and it treats public servants—teachers, school cleaners, paramedics, firefighters and social workers—like serfs. It gives them no say and undertakes no consultation. But they have a voice and they have a say, and next election they will have a vote as well.

This is an attack on Public Service workers. These are the people who stop your house from burning down, who look after your kids when they are at risk, who give CPR to grandma when she is crook, who flew helicopters to save Grantham residents when it was flooded, who teach kids how to write, who arrest bank robbers, who hold the hands of people when the doctor sees what is wrong with them in the emergency departments.

Jarrod Bleijie (LNP): Sticking up for the time honoured profession of lawyers, I think it is quite appropriate and that more lawyers is good in all things. I have had that conversation with the Deputy Premier and I know he agrees with me. Lawyers get in there and we get things done. I thank the Deputy Premier for his support of the profession of the legal fraternity. She is just jealous that I used to be a Queensland DanceSport champion in rock’n’roll. There is no need to tell members more, they can view my shows on youtube.com.

Holidays and Other Legislation Amendment Bill 2012 (October 2012)

Summary of changes: • Moves Queensland workers’ Labour Day holiday from May to October • QIRC commissioners to swear allegiance to the Queen • Moves Queen’s birthday holiday from October to June

MP Speakers for: MP Speakers against: Bleije (Kawana – LNP) Pitt (Mulgrave – ALP) Hopper (Condamine – LNP) Palazczuk (Inala – ALP) Barton (Broadwater – LNP) Byrne (Rockhampton – ALP) Dillaway (Bulimba – LNP) Scott (Woodridge – ALP) Grimwade (Morayfield – LNP) Miller (Bundamba – ALP) Bennett (Burnett-LNP) Trad (South Brisbane – ALP) Watts (Toowoomba North –LNP) Knuth (Dalrymple – KAP) Mander (Everton – LNP) Wellington (Nicklin – Ind) Pucci (Logan – LNP)

MP Voters for: MP votes against: AYES, 53— NOES, 8— LNP - Bennett, Bleijie, Cavallucci, Cox, ALP- Byrne, Mulherin, Palaszczuk, Pitt, Trad. Crandon, Cripps, Crisafulli, Davies, C Davis, T Tellers: Miller, Scott Davis, Dempsey, Dickson, Douglas, Dowling, Elmes, Emerson, Flegg, Frecklington, Gibson, Ind - Wellington Grant, Grimwade, Hart, Hobbs, Holswich, Hopper, Johnson, Judge, Kaye, Kempton, Krause, Langbroek, Latter, Maddern, Malone, Mander, McArdle, McVeigh, Millard, Minnikin, Molhoek, Pucci, Rice, Rickuss, Ruthenberg, Shorten, Stevens, Symes, Walker, Watts, Woodforth, Young. Tellers: Menkens, Smith

MP quotes during parliamentary debate: Anastasia Palaszczuk (ALP): “Labour Day is an important day for working people: to gather together to advance important issues; to celebrate hard won advancements; and to pay tribute to the people who made those advancements possible over previous generations. These include important advancements that many of us take for granted these days.”

Anastasia Palaszczuk (ALP): We will continue to march in May. We will not march in October. We will honour Queensland’s history and we will march in May. We will be there in May. In force we will be there.

Jarrod Bleije (LNP): I’m giving them October to march and they will get paid in October to march and they will march in October.

Anastasia Palaszczuk (ALP): Everybody knows that the Queen’s Birthday weekend does not celebrate Queen Elizabeth’s actual birthday.

…

In conclusion, and as I said in my speech, the labour movement and people in Queensland will continue to March in May. We will not be marching in October. We will only be marching in May and we should leave the holiday here in May. When a Labor government returns to this place, Labour Day will be restored to its rightful place.

Verity Barton (LNP): I certainly appreciate that the decision this government has taken has touched a nerve with those opposite. I appreciate the history of Labour Day and its links to the eight-hour- day movement. I know that for more than 100 years Labour Day has been celebrated on the first Monday of May.

Desley Scott (ALP): The camaraderie of workers marching with their colleagues, the colourful shirts, balloons and placards with messages and those watching along the route, some with messages to convey—and they are not always in a positive way—are all part of what is an entire day of celebration. At the end of the march it is time for a drink with mates, catching up with friends, listening to a few speeches and lots of fun and rides for the children. Indeed, it is a great family day out.

Bill Byrne (ALP): The explanations for the change provided by the Attorney-General are so shallow and weak that they embarrass this parliament.

…

This bill is nothing short of an attack on the labour movement and the traditions associated with it. For many Queenslanders, Labour Day in May is as significant as Australia Day and Anzac Day. As has been pointed out, the Queen’s Birthday celebration in June has nothing to do with the Queen’s actual birthday. … in Queensland that date is particularly important, because one of the first Labour Day processions in the world occurred in Barcaldine on 1 May 1891 and the public holiday has been celebrated in Queensland on the first Monday in May since 1901.

…

What is even more incredible to me is that this government is prepared to pull down the May Labour Day, this state’s oldest surviving public holiday. Not even Joh and his cronies were stupid enough to stir the ants’ nest in such a disrespectful, insensitive and arrogant fashion, which is what this bill reeks of.

…

I cannot stress loudly enough my total opposition to the premise of this bill. I insist that all the evidence supports my assertion that this bill is nothing more than the result of a bunch of royalist tories sticking it to the labour movement.

Steve Bennett (LNP): Labour Day commemorates the achievements of the Australian labour movement.

With all that said, I congratulate the minister on the legislation, I congratulate my colleagues who have spoken on the legislation and I commend the bill to the House.

Michael Pucci (LNP): Since the passing of His Majesty King George V in 1936, Queenslanders have honoured the birth of our monarch in June.

Queenslanders deserve to rightly celebrate our monarch’s birthday like those in our fellow states.

Peter Wellington (Ind): I think it is simply an attempt by the government to show the Labor Party and the labour movement that there is a change of government in Queensland.

Jo-Ann Miller (ALP): Labour Day is an important day to recognise these achievements and the struggles workers face in the present and also in the future—something clearly shown by this LNP government, which hunts in packs like killer whales plucking off at will public servants and workers’ rights across the state.

Their ridiculous and outrageous attack on ambulance officers and firefighters throughout this state—the mind simply boggles. This government takes away the consultation with firefighters and ambulance officers about government purchases of important equipment that they use for their own safety and that of the people whom they are employed to help. This government aims to take meal allowances off paramedics who work right through their shifts saving lives.

This is why Labour Day is so important to Queenslanders.

…

Queenslanders have celebrated Labour Day in Queensland since 1891. It has been a public holiday since 1901. The labour movement, workers, unions and Labor Party members will continue to celebrate Labour Day in Queensland in May just as we have done since well before this Attorney- General was even born and just as we will continue to do after he has left this place.

This Attorney-General will go down in the history of this state as the most shameful person due to moving Labour Day—or trying to move it.

Jarrod Bleije (LNP): The electorate decided that they would give a large majority to the Liberal National Party. We are dealing with that. But the laws would be changed despite the majority we have in this place. If we are the government we will come into this place with our legislation, and if we have the majority it will pass.

Workers Compensation and Rehabilitation Amendment Bill 2013 (October 2013)

Summary of changes: • replace Q-COMP with the Workers’ Compensation Regulator; • amend the requirements to appoint a rehabilitation and return to work coordinator; • require insurers to mandatorily refer injured workers to an accredited return to work program; • require a worker to provide an employer with a notification of previous injuries, if • requested; • allow for access to a prospective worker’s claims history; • change the measure for determining statutory lump sum compensation from work related impairment (WRI) to degree of permanent impairment (DPI); • introduce a minimum 5% degree of permanent impairment threshold to access common law damages; • increase the onus of proof for compensable psychiatric or psychological injuries; • provide that WorkCover refer all allegations of fraud-related offences to the Regulator for investigation and if necessary prosecution; and • increase penalties for persons who defraud or attempt to defraud insurers.

MP Speakers for: MP Speakers against: Bleijie (Kawana – LNP) Pitt (Mulgrave – ALP) Davies (Capalaba – LNP) Palazczuk (Inala – ALP) Bruce Flegg (Moggill – LNP) Mulherin (Mackay – ALP) Jan Stuckey (Currumbin – LNP) Miller (Bundamba – ALP) Gulley (Murrumba – LNP) Byrne (Rockhampton – ALP) Ostapovitch (Stretton – LNP) Knuth (Dalrymple - KAP) Stewart (Sunnybank – LNP) Katter (Mount Isa – KAP) Crandon (Coomera – LNP) Douglas (Gaven – UAP) Dillaway (Bulimba – LNP) Wellington (Nicklin – Ind) Smith (Mt Ommaney – LNP) Cunningham (Gladstone – Ind) Barton (Broadwater – LNP) Molhoek (Southport – LNP) Rickuss (Lockyer – LNP)

MP Voters for: MP votes against: AYES, 58—Barton, Bates, Bennett, Berry, NOES, 13—Byrne, Mulherin, Palaszczuk, Pitt, Bleijie, Boothman, Cavallucci, Choat, Cox, Trad. Tellers: Miller, Scott Crandon, Cripps, Davies, C Davis, T Davis, Dempsey, Dickson, Dillaway, Dowling, KAP - Katter, Knuth, Emerson, France, Gibson, Grant, Grimwade, Gulley, Hart, Hobbs, Holswich, Johnson, UAP - Douglas, Judge, Kempton, King, Krause, Langbroek, Latter, Maddern, Malone, Mander, McArdle, Millard, Ind – Cunningham, Wellington Minnikin, Molhoek, Newman, Nicholls, Ostapovitch, Pucci, Rickuss, Ruthenberg, Seeney, Shorten, Shuttleworth, Smith,

Stevens, Stewart, Stuckey, Symes, Trout, Walker. Tellers: Menkens, Sorensen

MP quotes during parliamentary debate: Curtis Pitt (ALP): After this extensive review the committee declared unequivocally that the existing scheme was fundamentally strong and that the core structure of the system should not be undermined.

Crucial to the unanimous report delivered by the Finance and Administration Committee was the recommendation that the parliament should not impose restrictions on injured workers accessing their common law rights.

It is embarrassing that such an obvious and widely held position of the legal community is being blatantly turned on its head by this inexperienced Attorney-General.

Anastasia Palaszczuk (ALP): It is trashing the hard-fought and hard-earned rights of every ordinary Queenslander who goes to work each day deserving to be safe and expecting and deserving to be protected when their safety is compromised.

They have attacked the very dignity of collecting a fair day’s pay for a fair day’s work. They have ruthlessly launched an attack on the independent umpire, the QIRC. They have determinedly frustrated the efforts of unions to stand up for their members. With the stroke of a pen they have destroyed the employment security for government workers in this state—and now this.

What is perhaps one of the most appalling aspects of this determined effort to penalise workers is that the committee charged with reviewing our system of workers compensation did not recommend that it be attacked. The Premier and the Attorney-General have completely ignored that.

Bruce Flegg (LNP): The Queensland government is committed to reducing red tape for employers. It is committed to reducing the cost of doing business. It is committed, by reducing red tape and reducing the cost of doing business.

Tim Mulherin (ALP): I believe that the government, the Premier and the Attorney-General have misread this issue completely. They have demonstrated that they are prepared to sacrifice a secure safety net for workers and their families, all for the sake of a secret deal struck with the Chamber of Commerce and Industry Queensland before the election.

Liz Cunningham (Ind): Each time the conservative government gets into power this is the sort of stuff that occurs. Fundamentally today, the scheme is sound and yet people who are injured at work are going to be made to feel uncertain because of these changes that are not necessary.

Jo-Ann Miller (ALP): This current Attorney-General has moved to set up a system that gives a person more rights if they slip in a shopping centre at Coles than if they are hurt by a negligent employer. This self-appointed ‘Judge Judy’ is now determining what is worthy of compensation and what is not.

This Attorney-General’s ideological attack on the rights of workers is nothing more than an LNP view that basically ignores the LNP’s own party members on the parliamentary committee, his former colleagues from his days as an articled clerk and a lawyer, a variety of personal injury lawyer specialists, as well as trade unions working for injured workers. I have to say that maybe it would be

worthwhile checking if the Attorney-General has a form of industrial deafness as he clearly cannot, or at worst he will not, listen to expert advice when he makes these crazy contributions to public life. Submissions from the legal fraternity clearly show that this out-of-touch and arrogant Attorney- General believes that he is above the legal profession that he was so recently a junior member of. That is why they refer to him as an articled clerk.

Carl Judge (LNP): I can say with my hand on my heart now that I will not be supporting this legislation. It is an attack on workers. It is unjust. The scheme is already working in Queensland. The premiums in comparison with other jurisdictions are fair, and this is simply a ridiculous move by the Newman government. It is ill informed, but we are not surprised by that sort of approach which is becoming commonplace for the Attorney-General, who is clearly out of his depth and lacks the understanding to do his job. The Newman government and the Premier should remove him from his role.

Bill Byrne (ALP): Here we go again: another bill sticking it to Queensland workers. This is just another case of the Premier and the Attorney-General pandering to minority mates. This is probably delivering on secret deals made with big business at the last election but not disclosed to Queenslanders at the time.

This issue is a bread-and-butter issue for working Queenslanders. It will impact on Queensland workers and their families in very significant and potentially cruel ways.

Industrial Relations (Transparency and Accountability) Bill 2013 (June 2013)

Summary of changes: • Increases red tape and expense for administration on the union for no significant benefit • Public display of officials pay • Publication of tax receipts • Expenditure by unions above $10,000 on so-called ‘’political’’ campaigns must be approved by a formal ballot of members. The ballots would involve a lengthy, expensive process conducted by the Electoral Commission. The laws were designed to crush free speech and quash differing opinions. The steps and processes required to undertake such ballots would be prohibitive. (Has been repealed due to High Court challenge.) • Abolition of all previously agreed union encouragement provisions in awards and agreements. These provisions were included in state government agreements and awards to formally protect employees against discrimination and biased treatment. • Abolishes obligations for the employer to provide payroll deduction facilities for union members paying union dues. • Abolishes employment policies from enterprise agreements. • amend definition of ‘worker’ in Worker’s Compensation and Rehabilitation Act 2003 to dilute applicability to ‘labour only ’contractors.

MP Speakers for: MP Speakers against: Stevens (Mermaid Beach – LNP) Palaszczuk (Inala – ALP) Bleijie (Kawana – LNP) Mulherin (Mackay – ALP) Newman (Ashgrove – LNP) Miller (Bundamba – ALP) Berry (Ipswich – LNP) Byrne (Rockhampton – ALP) Jan Stuckey (Currumbin – LNP) Pitt (Mulgrave - ALP) Dillaway (Bulimba – LNP) Trad (South Brisbane – ALP) Choat (Ipswich West – LNP) Wellington (Nicklin – Ind) Barton (Broadwater – LNP) Douglas (Gaven – UAP) Watts (Toowoomba North – LNP) Knuth (Dalrymple - KAP) Bates (Mudgeeraba – LNP) Knuth (Dalrymple - KAP) Young (Keppel – LNP) Smith (Mt Ommaney – LNP) Cunningham (Gladstone – Ind)

MP Voters for: MP votes against: AYES, 71— NOES, 13— LNP - Barton, Bates, Bennett, Berry, Bleijie, ALP - Byrne, Miller, Mulherin, Palaszczuk, Trad,. Boothman, Cavallucci, Choat, Costigan, Cox, Tellers: Pitt, Scott Crandon, Cripps, Crisafulli, C Davis, T Davis, Dempsey, Dickson, Dillaway, Dowling, Elmes, PUP – Douglas, Judge Emerson, Flegg, France, Frecklington, Gibson, Grant, Grimwade, Gulley, Hart, Hathaway, KAP – Hopper, Katter, Knuth Hobbs, Holswich, Johnson, Kempton, King, Krause, Langbroek, Latter, Maddern, Malone, Ind - Wellington Mander, McArdle, McVeigh, Millard,

Minnikin, Molhoek, Newman, Ostapovitch, Powell, Pucci, Rice, Rickuss, Ruthenberg, Seeney, Shorten, Shuttleworth, Smith, Sorensen, Springborg, Stevens, Stewart, Stuckey, Symes, Trout, Walker, Watts, Woodforth, Young. Tellers: Kaye, Menkens

Ind - Cunningham

MP quotes during parliamentary debate: Anastasia Palaszczuk (ALP) Once again, we are seeing the LNP using its massive majority on the floor of this parliament to rush through bills and not allow the freedom of speech and the freedom of expression which goes to the heart of the legislation that will be before this chamber.

We know what this legislation does. It curtails the democratic freedom of speech in Queensland.

Anastasia Palaszczuk (ALP) At the outset let us be completely clear: this bill is a blatant attack on working Queenslanders and their representatives. It is designed for that specific purpose. It is a vicious attack on free speech and strikes at the heart of a modern democratic society.

We do not need to come up with our own descriptions of the Attorney-General’s position. By his own admission, he is introducing extreme measures. As the Attorney-General admitted when interviewed by Steve Austin on ABC Radio, he introduced an extreme piece of legislation.

This legislation is so extreme there is not a similar example of restricting the freedom of industrial organisations participating in public and political debates in any other Australian jurisdiction that I can find. In fact, we are yet to find a similar example anywhere in the world.

Freedom of political expression has been something people have fought for over the centuries. It is a right for which many individuals have made great sacrifice. It is a right for which people like Nelson Mandela spent decades in jail. People have died to protect this freedom. It is jealously guarded worldwide but apparently not so here in Queensland. In Queensland the Newman government strikes at the heart of freedom of expression.

The practical effect of this bill is to totally shut down and stifle political debate in the public arena about any industrial issue by the Newman government.

Let me remind the House of the submission from the Chamber of Commerce and Industry Queensland. The Chamber of Commerce and Industry Queensland began their submission as follows— At the outset CCIQ wishes to state its disappointment and opposition to the passage of this Bill. As an organisation we were not consulted in its drafting, believe it to be ill founded, will prevent political debate and will make it more difficult for member organisations such as CCIQ to effectively perform our duties on behalf of our members.

This is a clear indication that this legislation goes to the heart of the ability of legitimate organisations to make their voices heard in our democratic system.

There are serious concerns about the constitutional validity of this legislation. There are very real concerns that the bill is so extreme that it impedes the well-established principles of the implied freedom of speech protected by the Australian Constitution.

In this legislation the red tape is the purpose of the legislation.

This government is telling those Queenslanders in uniform that if they raise a public awareness campaign to get more police, ambulance officers and firefighters in the community, they will be captured under the provisions of ‘political objectives’.

Standing up for its members is not at the periphery of the work of industrial organisations; it is at the core of their reason for existence. It is the right of workers and unions to join together to promote their collective interests. It is also at the core of modern democracy, and those opposite should feel embarrassed about coming into this democratic institution and trying to drive a stake through the well-established principles of freedom of association and freedom of speech.

Anastasia Palaszczuk (ALP): We believe in the freedom of speech, in the freedom of political expression and in the freedom of association. That is what we believe in. Tonight this government is about shutting down any opposition or any debate or any freedom of expression in Queensland.

Campbell Newman (LNP): I say will clearly summarise the position that both myself and the government take in relation to this bill. Let me start by saying that I am an enthusiastic supporter of unions—100 per cent—and I am an enthusiastic and wholehearted supporter of people’s right to join a union. I am an enthusiastic and unequivocal supporter of people’s right, if they choose to do all that, to be involved in collective bargaining for the purpose of getting the best deal. I say that because I have not only been a politician but I have also been a public servant in the Defence Force and I have also been in business. I have seen good things and bad things happen in business and I have seen the need for people to stand up and be counted as a group against—sometimes—poor management, inconsiderate management and incompetent management. People need to have that balancing opportunity in the workplace. I also believe that the unions have done many great things over the years. Many of the great terms and conditions and social reforms that we have seen over the 100 years or so since Federation have been achieved in the workplace through industrial organisations, and I particularly acknowledge the unions.

Tim Mulherin (ALP): This bill strikes at the very heart of freedom of association and freedom of political speech.

Freedom of speech is fundamental in a democratic society. Protections are afforded in every Western democracy for freedom of political expression. With this bill, Queensland will be setting itself apart from every other mature democracy in the world.

The Attorney-General has been very sheepish about the advice he has been given as to the potential susceptibility of this legislation to a constitutional challenge.

Jo-Ann Miller (ALP): This bill strikes at one of the fundamental rights of people in a democracy—and that is the right to freedom of speech. Yet here we have the LNP, with the largest parliamentary majority in Queensland’s history, arrogantly amending the laws to make it harder for people to criticise the ruling government.

With no proper consultation, this blundering Attorney-General has had his bill universally pilloried by all involved, even the bosses unions. This repugnant legislation will impose ridiculous rules on unions that will restrict free speech.

Bill Byrne (ALP): I would submit that this legislation would be more appropriately titled ‘Industrial Relations (Stick it to the Labour Movement again, Gag and Bind them with Red Tape) and Other Acts Amendment Bill 2013’ because that is what this is really all about.

Taken as a whole, there is in fact no merit in this legislation whatsoever. In simple terms, it is intended to drown industrial organisations in red tape, compliance and prohibitive costs.

This inexperienced Attorney-General has introduced a bill that, by his own description, is extreme.

Curtis Pitt (ALP): I heard the Premier speaking earlier when he said that he likes unions. It just seems that he does not like those who lead them, their organisers, their delegates and even their members when they have a different point of view than his.

Peter Wellington (Ind): I think that they are simply provocative. I look forward to this going to the High Court as I think the decision will show that it is unconstitutional.

Liz Cunningham (Ind): I was here in 1996 when a major overhaul of the workers compensation legislation occurred and we changed the definition of ‘worker’. To my regret, it caught many people unintentionally. There were people excluded from workers compensation who were not intended to be excluded. Yes, it drew a clear line in the sand but there were unintended consequences. It is for that reason that I do not support the changes to the definition of ‘worker’

Alex Douglas (Ind): It is reasonable to engage in both rhetorical and adversarial banter between parties and political opponents. It is unreasonable to propose legislation that may not survive the long- term scope of survival in a legal challenge in the High Court at great expense to the public.

Jarrod Bleijie (LNP): Yes, it will only apply to employee organisations.

Jo-Ann Miller (ALP): I think we have to place on record here tonight that this particular provision is unprecedented in this country. This government is so concerned about the public backlash against its litany of broken promises that it wants to stifle the ability of unions to raise concerns about the government’s performance.

Industrial Relations Fair Work Harmonisation (No. 2) 2013 (November 2013

Summary of changes: • Further reducing independence of QIRC • Changing the position of President of the QIRC to part time, and assigning it to a Supreme Court justice • Appointing new, fixed term industrial commissioners • Banning payroll deduction of union members’ dues by the public service • Increases inspectors powers to investigate and inspect union business • Introduction of the “award modernisation” process • Limiting scope and content of awards • Stripping awards and certified agreements to bare minimum • Removal of existing entitlements • Introduction of “individual flexibility arrangements” • restriction on content of awards, such as redundancy pay and removing many long-standing entitlements from awards • freezing award pay rates in modernised awards so that annual wage case increases will not apply • Further restrictions on employees taking industrial action during Certified Agreement negotiations • Compressing the time periods for negotiation and arbitration of Certified Agreements • restriction on matters that can be discussed in collective bargaining • limits on protected action • Employees are locked into existing agreement until award is modernised, and cannot bargain for new arrangements • Rendering the Auxiliary Firefighter Interim award to have “no effect”

MP Speakers for: MP Speakers against: Bleijie (Kawana – LNP) Palaszczuk (Inala – ALP) Berry (Ipswich – LNP) Pitt (Mulgrave - ALP) Elmes (Noosa – LNP) Miller (Bundamba – ALP) Choat (Ipswich West – LNP) Byrne (Rockhampton – ALP) Dillaway (Bulimba – LNP) Scott (Woodridge – ALP) Watts (Toowoomba North – LNP) Knuth (Dalrymple - KAP) Barton (Broadwater—LNP) Trad (South Brisbane – ALP) Springborg (Southern Downs – LNP) Mulherin (Mackay – ALP) Frecklington (Nanango—LNP) Douglas (Gaven – UAP) Bleije (Kawana – LNP) Wellington (Nicklin – Ind) Berry (Ipswich – LNP) Elmes (Noosa – LNP)

MP Voters for: MP votes against: AYES, 63— NOES, 12—

LNP - Barton, Bates, Bennett, Berry, Bleijie, ALP - Byrne, Mulherin, Palaszczuk, Pitt, Trad. Cavallucci, Cox, Crandon, Cripps, Davies, C Tellers: Miller, Scott Davis, T Davis, Dempsey, Dickson, Dillaway, Dowling, Elmes, Emerson, Flegg, Frecklington, KAP - Hopper, Katter, Knuth Gibson, Grant, Grimwade, Gulley, Hart, Hathaway, Hobbs, Holswich, Johnson, UAP - Douglas Kempton, Krause, Langbroek, Latter, Maddern, Malone, Mander, McVeigh, Ind - Wellington Millard, Minnikin, Molhoek, Newman, Nicholls, Ostapovitch, Powell, Pucci, Rickuss, Ruthenberg, Seeney, Shorten, Shuttleworth, Smith, Springborg, Stevens, Stewart, Stuckey, Symes, Trout, Watts, Woodforth, Young. Tellers: Kaye, Menkens

Ind - Cunningham

MP quotes during parliamentary debate: Anastasia Palaszczuk (ALP): This legislation will attack hardworking staff and reduce their take-home pay, including that of front-line police, firefighters, ambulance officers, health staff, council workers and teachers.

Under the language of ‘award simplification’, the legislation strips a huge number of rights and entitlements from workplace agreements

The legislation also prohibits agreement from the employer or a decision of the commission to award an interim pay rise while negotiations are continuing or retrospective pay rises when agreement is reached

Ian Berry (LNP): At this point I would like to thank the firefighters union for their valuable contribution.

Again I say that I think the firefighters and police union did the job that was required of them—that is, to put forward the views of their members and to hope for a reasonable recommendation

Curtis Pitt (ALP): This is an appalling piece of legislation. It is the latest in a long line of appalling bits of legislation offered by this the police, members appalling Attorney-General. It attacks the hard- won workplace rights of decent Queenslanders…. It goes even further than John Howard’s maligned and much hated Work Choices legislation.

Sean Choat (LNP): I am pleased to support this legislation and I congratulate the Attorney-General and his department for the work they have done. I also thank all who contributed to the debate through submissions to the committee. Although many of the submissions went against what we are saying, I know that some of them, including the firefighters union and the Police Union, were very, very realistic and genuine in what they tried to achieve.

Aaron Dillaway (LNP): I congratulate the Attorney-General for the introduction of this Bill.

Bill Byrne (ALP): This is Work Choices on steroids—Queensland style. It is obvious to me that there is a very limited understanding of industrial relations as a subject within this government. All they understand is dictate.

I am sure the Attorney-General was provided with advice that this legislation will have wide-ranging unintended consequences when it comes to the day-to-day dealings in what had developed into a modern, sophisticated, largely cooperative industrial relations arena.

On the back of previous IR bills passed by this government and the job losses past and to come, I can confidently predict the loss of an entire public sector vote for the conservative government.

The police, members of the Queensland Ambulance Service, corrective services workers and firefighters will all remember this legislation. They have long memories when it comes to attacks on their take-home pay and conditions. We have seen how this government has held up their well- deserved pay rises while the government gave itself huge pay rises. The ambulance officers, paramedics, firefighters and the police have worked especially hard over the last few years dealing with floods, cyclones and now bikies, and what is the reward for that effort?

The LNP fail to understand how their own employees’ lives will be affected by this legislation. Emergency service employees have factored these award conditions into their actual wages.

This bill will finish the work of the LNP, going around through the backdoor and attacking the penalty rates and other hard won conditions of emergency service workers. That the Attorney-General will use our police to fight against bikies and then stab them in the back the next day is astonishing. That is the way they see it, as do the firies. That is without their overt hostility to the Keelty review, which they all recognise as being garbage. All levels of services reflect that view privately to me.

This bill of course allows for the rollout of the Costello report and some of the disastrous recommendations of the Keelty review into emergency services. This bill sets out a framework that will slowly but surely erode the emergency services that Queenslanders deserve. We will spend years mopping up the mess by the time the LNP wrecking ball is finished with industrial relations in this state.

Given Mr Keelty’s view that he thought firefighters were overpaid, I doubt that at the Public Service Commission they were working out how to deliver decent wages and conditions for emergency services workers.

Firefighters are very worried about the limitation on industrial action, the breaches of international employment agreements, and restrictions on interim wage increases and backdated wage rises.

I challenge every member of the LNP who stands with an emergency services worker for a photo opportunity to actually ask them what it is like to work on a public holiday. Ask them what it is like to miss out on watching their kids open their Christmas presents. Ask them what it is like to sit at home by themselves on Christmas day because their family have gone interstate for holidays to visit the in- laws because they have had to work the night shift. Ask them how many New Year’s Eves they have worked in a row and what the workload is like during that night shift when everybody is out partying on the streets.

Trevor Watts (LNP): I was concerned that there had been negotiations that had gone on for a long time and that a small piece of this bill might in fact capture and preclude some of those negotiations from bearing fruit. I am pleased to note the amendment that was suggested by the committee has been accepted. This amendment will ensure that auxiliary firefighters and some of the Queensland Police Service who were potentially going to be inadvertently captured by a section of this act will now be protected and looked after.

You hear a lot of rhetoric that it was not useful, it was rushed and it was this and that. In actual fact, for those people such as the firefighters union and the Queensland Police Union who came in good faith and told us of some of the difficulties they had with the bill, we have been able to make recommendations to ensure that the bill will satisfy their requirements. I think that is a good outcome.

Desley Scott (ALP): This bill is an assault on our essential services, such as doctors, nurses, police, ambulance officers and firefighters, who may be ordered to work on public holidays with the loss of penalty rates.

Shane Knuth (KAP): I have many concerns.

I believe that the Industrial Relations Commission must be independent from government. To more closely align the Industrial Relations Commission with what the government wants takes away what we fought for over the years.

Jackie Trad (ALP): The Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Bill 2013 represents the sixth occasion on which this government has made. On average, this government is changing state based industrial relations laws every three months.

The bill enables the Attorney-General to exercise unilateral determination over employment conditions and ministerial direction over the award review process. Make no mistake: this legislation puts all the power over workers in the hands of the government, particularly in the hands of the inexperienced and ideological Attorney-General.

This bill is a terrible attack on front-line Queensland workers. It is a terrible attack on their conditions at work. It will effectively not enable them to have meaningful participation in working with their employer to set the conditions and the way in which they conduct their work in important institutions like the public health system, like the police force and like the firefighting force. This is quite an outrageous attack on Queensland’s front-line public servants. As I said, the Labor opposition will not be supporting this bill and I can guarantee that this attack will be remembered at the next election.

Tim Mulherin (ALP): But the Premier and the Attorney-General just love to hurt those who provide services to the public, whether they work for the councils, in hospitals, in classrooms, in laboratories, in offices, in national parks or risk their lives to put out fires or maintain law and order

Liz Cunningham (Ind): The firefighters union and I think a couple of other unions have approached the government and us as members concerned about gaining an exemption for their new award from retrospective parts of the bill before parliament. I would just like to put on the record a couple of extracts from a letter that I received, and I am sure other members did as well, from John Oliver, State Secretary, United Firefighters Union of Australia, Union of Employees Queensland. He goes on to talk about the negotiation that has occurred in relation to the QFRS auxiliary firefighter interim award, a state award of 2013. He states— “The commission published a decision on 19 September 2013 that this Award should be made for auxiliary firefighters. The Award content was agreed to by the parties and submitted to the Commission on 21 October 2013. The parties now await the publication of the Award. The parties now expect that the Award is to be released by the Commission in November 2013.” He goes on to state that their award will be affected by this legislation and is asking that special consideration be given to the award that has been negotiated by the auxiliary firefighters, the union representing them and the Industrial Relations Commission.

Alex Douglas (UAP): The bill is an ugly piece of legislation because it does not allow the employee to negotiate reasonably with their employer.

Peter Wellington (Ind): I have received numerous submissions and the committee has received many submissions. I would like to touch on two submissions that I have received. One is a submission that the member for Gladstone spoke about from the United Firefighters Union of Australia Queensland branch.

I will get back to the bill before the House. I mention the letter from the United Firefighters Union of Australia, Union of Employees, Queensland dated 4 November that the member for Gladstone also touched on. At the rally outside parliament I met with representatives from the United Firefighters Union. I showed them the amendments because they told me that they had a letter from the Deputy Premier saying that they are going to be protected. I understand the award has now been recognised. I handed them a copy of the Attorney-General’s amendments and the explanatory notes and I said, ‘I have had a look at these amendments and explanatory notes and I cannot see how your new award is going to be protected.’ Perhaps when we get to the Attorney- General’s reply speech and consideration in detail we might be able to get some more clarity about how their award is going to be protected under either the bill or the amendments or some other mechanism that the government may have in mind

This is another example of a bill that has been introduced and rushed into parliament without proper consultation.

Rob Katter (KAP): This bill constructs the subjectivity of the workers and turns the worker into an object which can be utilised and manipulated at the discretion of the employer.

Let this term of majority be a hard lesson to the Queensland people in how absolute power corrupts.

Thus we are witnessing the introduction and implementation of the Newman government’s industrial relations reforms, making the Howard government’s 2005 Work Choices legislation look like a walk in the park. There is minimal flexibility in this bill for the Queensland worker. Moreover, the greater flexibility lies with the employer.

Thus you have to do what the government tells you because the government creates the legislation that limits the Queensland workers’ choice, freedoms, responsibilities and possibilities.

The content within this bill punishes the workforce and places workers at odds with their employers. The government fails to understand the relationship between a worker and an employer is a two- way street.

Anastasia Palaszczuk (ALP): We seek a bit of clarification in relation to auxiliary firefighters. Could the Attorney-General explain whether his amendments have, in fact, covered off what I am now proposing, and I will quickly run through it. The Labor opposition agrees with the intent of this amendment, but the Attorney’s explanation in introducing the amendments this afternoon was unclear. He appeared to back away from his statement as he went along.

I wish to clarify with the Attorney-General: I understand that the office of the Deputy Premier, Jeff Seeney, wrote a letter to Mr John Oliver, the state secretary of the United Firefighters Union, giving an assurance that this amendment would be taken care of in relation to the bill and the amendments being discussed here today.

My question is that it appears that the government has given an assurance to the United Firefighters Union of Australia that indeed they will be covered. I did meet with some of the firefighters during the rally. They were concerned about whether or not they were now fully covered in relation to the amendment that has been put by the Attorney-General.

Jarrod Bleijie (LNP): I understand the auxiliary firefighters were negotiating their award process. As I understand it, a few days ago Commissioner Fisher from the QIRC approved their award, but the transitional provisions in the bill say that if by the time of introduction to the debate or passing of assent to the bill, it is not going to be relevant.

There are transitional provisions in the legislation that are likely to directly affect a number of matters, including the auxiliary firefighters award. So we will work with the auxiliary firefighters with their award process, but I think the best thing is that we keep the transitional period because if we change it for one we change it for all.

Work Health and Safety and Other Legislation Amendment Bill 2014 (April 2014)

Summary of changes: • Requiring at least 24 hours’ notice by WHS entry permit holders before they can enter a workplace to investigate a suspected contravention; • Increasing penalties for non-compliance with WHS entry permit conditions and introduction of penalties for non-compliance with entry notification requirements; • Requiring at least 24 hours’ notice before any person assisting a WHSR can access the workplace; • Removing the power of WHSR’s to direct workers to cease unsafe work; • Removing the requirement for a person conducting a business or undertaking to provide a list of WHSR’s to the WHS register; • Allowing for Codes of Practice adopted in Queensland to be varied or revoked without requiring national consultation as required by the Act, and • Increasing the maximum penalty for offences in the Electrical Safety Regulation 2002

MP Speakers for:

MP Speakers for: MP Speakers against: Bleijie (Kawana - LNP) Pitt (Mulgrave- ALP) Davies (Capalaba—LNP) Cunningham (Gladstone—Ind) Flegg (Moggill—LNP) Gulley (Murrumba—LNP) Ostapovitch (Stretton—LNP) Hathaway (Townsville—LNP) Mcveigh (Toowoomba South—LNP) Symes (Lytton—LNP) Bennett (Burnett—LNP) Smith (Mount Ommaney—LNP)

MP Voters for: MP votes against: LNP, 66—Bates, Bennett, Berry, Bleijie, ALP, 6—Byrne, D’Ath, Miller, Mulherin, Pitt, Boothman, Cavallucci, Choat, Costigan, Cox, Scott. Crandon, Cripps, Crisafulli,Davies, C Davis, T Davis, Dempsey, Dickson, Dillaway, Dowling, Ind, 1—Cunningham. Elmes, Emerson, France, Frecklington, Gibson, Grimwade, Gulley, Hart, Hathaway, Hobbs, Holswich, Johnson, Kaye, Kempton, King, Krause, Latter, Maddern, Malone, McArdle, McVeigh, Menkens, Millard, Minnikin, Molhoek, Newman, Nicholls, Ostapovitch, Pucci, Rice, Rickuss, Ruthenberg, Seeney, Shorten, Shuttleworth, Smith, Sorensen, Springborg, Stevens, Stewart,

Stuckey, Symes, Trout, Walker, Watts, Woodforth, Young.

PUP, 2—Douglas, Judge.

INDEPENDENTS, 1—Wellington.

MP quotes during parliamentary debate: John Hathaway (LNP) We do not need union representatives to stop work willy-nilly under the guise of safety.

Mark Stewart (LNP) I am not saying that permit holders do not have any idea of safety requirements. Far from it: they do. We all have a good idea of what is safe and what is not. We started to learn this many years ago when our parents told us not to touch something because it was hot or not to run with scissors. We have all fallen over or dropped something, and we understand the effects of gravity.

Liz Cunningham (Ind) I rise to speak to this clause. I remain concerned that the 24-hour exclusion is inflexible. There are circumstances where assistance is needed within a 24-hour period. I believe that most employers are honest and honourable. However, I believe that there would be employers who could use that 24-hour period to reconfigure the workplace so that perhaps their exposure to fines under the Work Health and Safety Act is reduced or removed altogether.

My concern with this clause is that the losers are going to be the workers from culturally and linguistically diverse communities and workers who come into the workplace and really need assistance to understand their rights in circumstances with risk. Not all employers are risk averse. Not a lot but some employers are quite prepared to put workers at risk.

Curtis Pitt (ALP): This bill is purported to be about workplace health and safety, but we know that it is about using an alternative form to attack unions and workers.

After the Redcliffe by-election, the Premier said that he had learnt his lesson and he would listen to Queenslanders, but just weeks after that here we are again, with the Newman government pursuing an ideological attack on working men and women.

The United Firefighters Union provided the additional perspective of that of the men and women often called upon to deal with incidents where work and safety accidents have occurred. This of course can include chemical or factory fires, explosions, collapses, to name a few. The UFU made the point that reducing standards of WHS not only threatens the workers on each work site but also those workers whom we call upon to fix up the mess when the worst accidents occur.

I urge all members in this House to oppose this bill. If there is a suggestion that we need to change further industrial relations provisions in this state, then let us have that debate and not use the guise of workplace health and safety to push through an ideological agenda attacking workers in Queensland.

Reg Gulley (LNP) I also extend my thanks to the firefighters who appeared before the committee. Firefighters are expected to turn up to dangerous scenarios on the spot, and we fully support their capacity to act on society’s behalf in dangerous scenarios.

Liz Cunningham (Ind) Because of the diversity of our workforce, I believe that removing the opportunity for the workplace health and safety permit holder to come on site without notice and also undermining or removing the role of the workplace health and safety representative on the work site will place at risk employees who are perhaps timid by nature, those who cannot afford to risk losing their jobs because of a reaction from the employer, or those who, because of language or cultural background, have a poor understanding of their rights as employees and also a poor understanding of the workplace health and safety regime in Queensland.

If a workplace goes out because of a genuine safety issue, those workers have every right to do that. They should not have to wait 24 hours. They should not have to do any of that. If it is a genuine safety issue, they should be able to remove themselves and anyone else who is at risk or who is potentially at risk from that workplace until that safety issue is properly addressed. I am a firm believer in that, no matter what the workplace is.

Recommendation 3 of our report is—

The Committee recommends that the legislation be amended to include provision for the regulator, or inspector by reason of delegation, to be authorised to provide consent for a WHSR to have assistance provided within the 24 hour notice period.

The government supports that recommendation in part. That particular concern was most agitated by representatives of the United Firefighters Union. They are specifically placed to have to go into workplaces and need immediate support in terms of safety. I believe that it should be enshrined in legislation that those high-risk employment areas, like firefighters, ambos and others who have to go into what could be unsafe environments, can immediately get the necessary assistance and advice that they need to be able to then proceed with their very responsible position. I remember a discussion with an emergency plan coordination committee when I was in local government. The proposal was that in any disaster nobody would be able to enter an area. The issue of firefighting came up. It was suggested that somebody could rush into a building that was on fire to try to rescue somebody who was in there. It was going to be put forward that nobody could do that unless there was a structural engineer able to verify and validate that the place was safe. I defy anyone to believe that an Aussie bloke or woman walking past where there is a trapped person would not forego their own safety—it has historically been shown—and go into those premises. It is important that people in those high-risk roles can get help as quickly as they possibly can.

I would hate to see that, as a result of a passion being pursued by the Attorney-General to have another shot at the union, anyone in the workforce is placed at risk of injury or further injury.