Paul Neville (Hinkler, National Party) Share this | Hansard source

I too would like to deal with proposed clause 33(3), which states:

The regulations may prescribe a code of conduct in relation to collective bargaining for road transport collective agreements.

Under the road transport collective agreement, the tribunal must be satisfied that, under proposed paragraph 34(ca):

the participating hirer and the participating drivers have conducted themselves in accordance with any code of conduct prescribed under subsection 33(3)—

which I just read. I find it highly unusual that the minister would be issuing guidelines to the tribunal that it had specifically set up to regulate the bargaining that goes on in the industry between the hirers and the drivers. The minister is now going to intervene and set up regulations—I suppose ministers can always do that—but then there is a code of conduct. Proposed clause 33(5) states:

A code of conduct prescribed under subsection (3) must have as its object the facilitation of effective and efficient collective bargaining for road transport collective agreements.

That is why the tribunal itself was set up. So what have we got? We have got the Fair Work organisation, then we have this new tribunal and then we have a minister intervening with regulations and, presumably, laying down a code of conduct. I ask the minister at the table: is that not the very criticism you levelled at Work Choices?

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