Brendan O'Connor (Gorton, Australian Labor Party, Minister for Employment Participation) Share this | Hansard source

I rise to speak in favour of the Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 and to speak against the proposed amendment to be moved by the Deputy Leader of the Opposition. I say firstly that this is a fundamental bill. This is the beginning of the end of Work Choices and is a reflection of the people’s will. This represents the mandate that the Labor government was provided with to enact legislation to repeal Work Choices. I am very happy, indeed proud, to be at the dispatch box to speak to this particular matter.

When Labor published its workplace relations policy, Forward with Fairness, in April last year, it made a foundation promise to abolish Work Choices. This bill marks the beginning of the end for Work Choices. As well as preventing the drafting of any new AWAs, this transition bill will make other amendments to the Workplace Relations Act 1996—including allowing existing users of AWAs to make individual transitional employment agreements during the transitional period up until 31 December next year—and introduce a genuine no disadvantage test for individual transitional employment agreements and new collective agreements. It will also enable the Australian Industrial Relations Commission to modernise the awards.

The bill also repeals the requirement for employers to provide a copy of the Work Choices workplace relations fact sheet to their employees. Of course, as we know and as the Deputy Prime Minister made clear in question time, this was a pointless yet extravagant exercise that required companies to distribute government propaganda at the expense of the taxpayer. After the forest of other pamphlets and the plague of mouse boards, we will now remove the capacity for taxpayers’ money to be spent on such an outrageous waste.

A more substantial workplace relations bill will be introduced into the parliament later this year to ensure the government’s new fair, flexible and productive workplace relations systems will be fully operational by 1 January 2010. Once operational, the workplace relations system under a Rudd government will not include AWAs or any other statutory individual employment agreement. Working families have agreed with Labor’s view that they are entitled to a safety net of 10 National Employment Standards. Having listened to the Deputy Leader of the Opposition, I can see she has no concern with that particular part of the government’s intention. I listened to the Deputy Leader of the Opposition and in 30 minutes we had a meagre amendment proposed and nothing else. It was like I was listening to someone who wanted to rationalise Work Choices but vote for this bill—that is, put up a minor amendment, not insist on it and effectively accept the view of the government that we need to fundamentally change the law that exists. Those 10 basic employment conditions include maximum weekly hours of work, requests for flexible work arrangements—which, of course, denies the assertion made by the Deputy Leader of the Opposition that there will not be flexibility—parental leave and related entitlements, annual leave, personal carer’s and compassionate leave, community service leave, long service leave, public holidays, notice of termination, redundancy pay and a fair work information statement that must be provided to employees.

This bill is a reflection of Labor policy and the will of the Australian people. As chair of Labor’s industrial relations task force and shadow parliamentary secretary for workplace relations last year, this bill is a great moment for me and indeed a great moment for this country. Over the last two years I spent much of my time travelling around and visiting 60 electorates, hearing directly the concerns of working families about how Work Choices had begun to erode their employment conditions and threaten their job security. I heard from administrative workers who were sacked after 20 years of loyal, effective and competent service for no reason and with no compensation. I met young workers in retail, tourism and hospitality who were forced to work 12-hour shifts on Saturday and Sunday with no penalty rates and no overtime. This was done legally.

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