Julia Gillard (Lalor, Australian Labor Party, Deputy Prime Minister) Share this | Hansard source

I move:

That Senate amendments Nos (1) to (30), (35) to (93), (95 ) to (135) and (137) to (231) be agreed to.

Today is 20 March 2009. On 27 March 2006, Work Choices first came into effect in this country. The third anniversary is just one week away. We come today to this parliament to complete what the Australian Labor Party promised the Australian people in 2007: that we would rip up and get rid of Work Choices forever, for all time. Those opposite have fought us every step of the way.

Those opposite would now have us believe that somehow they are not associated with bringing Work Choices to this country. But if we tell the truth about the three years from 27 March 2006 til now, it is clear that Work Choices was the product of the Liberal Party and is still the policy of the Liberal Party. The Leader of the Opposition was a cabinet minister in the government that watched the Work Choices rip-offs and did nothing. The Deputy Leader of the Opposition is on the record as saying that the Liberal Party should go further than Work Choices. The shadow Treasurer was the Liberal Party’s preferred salesperson for Work Choices. The member for Menzies, who is leading the Liberal Party’s policy review, was the minister who introduced Work Choices. The man calling the shots, the member for Higgins, was the architect of Work Choices. The Liberal Party is the party of Work Choices now, today and forever.

In the three years between 27 March 2006 and now, we came to this place, against the fierce opposition of the Liberal Party, because of the goodwill of Australians and because of those people right around the country who campaigned against these laws because they knew that they were un-Australian and wrong for this nation. They were trade unionists and non trade unionists; they were people from churches and people of no faith; they were people who were born here and people who were born overseas; they were from every part of the country. They gathered under the banner of ‘Your Rights at Work’ to get rid of these laws.

We are here because the Labor Party campaigned against these laws and committed itself in its detailed policy documents to getting rid of them, ripping them up and eradicating them for all time. I would like to thank every Labor member of this House who campaigned for that outcome. That is why we are here today. In bringing these laws to the parliament, we not only published incredibly detailed policies but, once elected, went through an incredibly detailed consultation process. There was no railroading for us, no arrogant dismissal of other people’s views. We have taken on board sensible suggestions every step of the way. That is why we formed a business advisory group and had it meet so frequently. That is why we formed a small business working party and had it meet so frequently. That is why we had a workers advisory group and had it meet so frequently. That is why we took the unprecedented step of making available to the committee on industrial legislation—experts on workplace relations laws from around the country—the legislation before it came to this parliament.

During the course of this parliamentary debate, we have been prepared at every stage to accept good ideas that were in accord with our election mandate. The government is making a significant number of amendments and in part we are doing that because we have accepted the legitimate suggestions of those who, like the Labor government, are opposed to Work Choices. We have accepted the legitimate suggestions of the Australian Greens, Senator Fielding and Senator Xenophon. Those amendments are being put forward for the House’s consideration today because they accord with Labor’s mandate and they accord with the commitments that we gave to get a detailed policy to the Australian people and to enact that detailed policy in consultation with those who desperately care about this policy and want to see it work well.

The amendments in this motion are being brought forward in that spirit. But the House will shortly deal with amendments that are not being brought forward in that spirit, amendments that are being brought forward as the last desperate twisting and turning of the Liberal Party to hold firm to Work Choices. What the Liberal Party wanted in this debate was not a spirit of cooperation and goodwill, not a spirit of ‘can do’ to get rid of Work Choices, but to take every excuse, every point, every procedural device to ensure that Work Choices staggered through for another day. Their belief in Work Choices is one of the few things that still unite the Liberal Party in the modern age.

There is no doubt that, should the Liberal Party ever be re-elected, Work Choices would be back. Well, at least in future elections they will be judged against that test, because they were never judged against that test in the past. In 2004, when they went to the Australian people, they never breathed a word of Work Choices. The one thing you can say about the Liberal Party of this country is that they never tell the truth on workplace relations. They did not tell the truth in 2004 and then they foisted Work Choices on this country, bringing it into effect in 2006 and doing so much damage to hardworking Australians. We are sweeping that away, opposed every step of the way by the Liberal Party.

The amendments under consideration today go to a wide range of issues of fairness and balance in Australian workplaces. This includes the early commencement of Fair Work Australia and the Fair Work Ombudsman, the expansion of matters to be covered in the fair work information statement and the inclusion of right of entry. This is primarily to address concerns raised by the Privacy Commissioner to deal with the inspection of non-union member employee records and to strengthen the protections around right of entry for compliance purposes. There are amendments about outworkers to ensure the right of entry framework minimises the risk of unscrupulous employers destroying relevant records. There are amendments about greenfields agreements to ensure that new projects or businesses are not delayed by red tape in negotiating enterprise agreements that will apply. There is an amendment about the right to request flexible working arrangements for carers of children under 18 years of age with disabilities. There are amendments committing to an examination of the use of individual flexibility arrangements, further research into flexible working arrangements and requests for extensions of unpaid parental leave.

These amendments strengthen the Fair Work Bill. We have been prepared to accept amendments from people of goodwill, from people who were opposed to Work Choices, and consequently many of them have come forward from Senators Fielding and Xenophon and from the Australian Greens. I thank them for their contribution to this debate.

Of course, the sticking point in this debate, which we will deal with soon, is the attitude of the Liberal Party, which of course finds it all very amusing as it twists and turns in its political desperation to keep Work Choices. Anybody who watched the Senate last night saw the ugly face of the Liberal Party on display as it did that twisting and turning, and we will inevitably see more of that today. What the Australian people voted for is what we are determined to deliver: fairness, balance and flexibility in Australian workplaces. I commend the amendments to the House.

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