Brendan O'Connor (Gorton, Australian Labor Party, Shadow Parliamentary Secretary for Industrial Relations) Share this | Hansard source

I concur with the comments made by the Deputy Leader of the Opposition and with the concerns we have about the failure of the government to define what fairness means, given the significant expenditure of taxpayers’ money already outlaid on advertisements prior to the law being enacted and introduced into this House. It would seem fitting that, if the government wants to continue to discuss fairness, that particular definition should be properly articulated in the legislation. Labor’s amendment seeks to do that and therefore, if there is any sincerity in the intentions of the government to mitigate the adverse effects of Work Choices legislation by the enactment of this bill, they will attend to the problems by acceding to the amendment proposed by the Deputy Leader of the Opposition.

I go to the particular amendment that would provide for a more definitive definition on reasonable grounds to refuse. Clearly, the government—at least, rhetorically—is suggesting that there is a very important aspect in the way in which public holidays apply: that employees should have the capacity to request that they have the day off. It also allows, as the Deputy Leader of the Opposition has already indicated, that there would be reasonable grounds to refuse. But what are reasonable grounds and what are grounds for employees to take such sacred days off? Expressly articulating a definition that would ensure that employees that requested, for example, Good Friday and Christmas Day off to attend important religious obligations is one such example which should allow employees that entitlement.

With respect to the amendment that would provide for the day off to commemorate Anzac Day, I have already come across an example in your state, Mr Deputy Speaker Quick, in the electorate of Bass—I cannot disclose the person involved because they are fearful of the consequences. A young person requested the day off so he could attend the Anzac Day dawn service in Launceston and wear his grandfather’s medals. He was refused that right and told by his employer that he would have to come in and would not be able to attend that particular service. The employee had to make a difficult decision about whether he wanted to continue employment with that particular employer or do what he has done most years—that is, wear his grandfather’s medals at an Anzac Day event. We think this amendment would provide the opportunity for that individual and everyone in his position to march if they take that very important national day seriously and wish to commemorate the fallen and those who sacrificed so much for this country.

I know, Mr Deputy Speaker, how important Anzac Day is to you. I have listened to the comments you have made over the years in this place with respect to that very important public holiday but, unfortunately, the legislation proposed today is not providing sufficient grounds for employees to commemorate such an important day. The amendments moved by the Deputy Leader of the Opposition, if acceded to by the government, would allow such capacity for employees in that circumstance to do what should be allowed. For that reason, I support the amendment and we ask the government to do likewise.

See this speech in context