Scott Buchholz (Wright, Liberal Party) Share this | Hansard source

25 different types of unlawfulness and 90 different types of inappropriate behaviour, as well as referring 31 individuals who had possibly breached criminal laws. I take the interjection from the member opposite. The royal commission was back in 2001. I state for the record that the member indicated that there were no charges.

The changes included in this bill fairly and sensibly balance the right of employees to be represented in the workplace if they wish to be with the right of employers to go about their business without unnecessary disruption. There is clear evidence of union representatives abusing their right of entry, with excessive workplace visits recorded at a number of sites.    For example, the Pluto LNG project received over 200 right-of-entry visits in a period of only three months. BHP Billiton's Worsley alumina plant faced 676 right-of-entry visits in a single year. There is no doubt that this sort of blatant interference on a work site by union representatives is hindering workers' ability to just get on with their jobs. There is no doubting the motivations behind such excessive visitation and access. Unions are fighting for representation of members and they are targeting workers in the workplace as a means of getting them signed up.

Given the union movement has a long reputation of intimidation in the workplace—people who do not wish to become members, employers and each other—I think it is fair to recommend that this sort of behaviour is not acceptable. Intimidatory tactics in the workplace to force people to sign up are not acceptable. We heard those opposite say that corruption is not acceptable. I take it one step further: intimidation in the workplace should never be seen as an acceptable workplace practice by the union movement.

Importantly, we will repeal the amendments which make the meal room or break room at the premises the default location for discussions between unions and workers and which require employers to provide transport and accommodation for unions seeking to access remote worksites. We will restore the arrangements that were in place previously, including that union officials must comply with any reasonable request by the employer to hold discussions in a particular location. Our changes will also mean that occupiers at remote work sites do not have to facilitate accommodation and transport for union officials to visit their workplace, reducing unnecessary and costly regulation for affected employers.

To be clear, these amendments will enact Labor's publicly stated position prior to the 2007 election—a promise that was not honoured. Given that the Labor Party in opposition, with the strong support of the union movement, supported this 2007 policy platform, we expect that these amendments will not be contentious and will go through. However, in the vein of what speakers before me have said, I would suggest that we may be going to a vote on this.

An additional aspect of this bill amends a significant loophole in the current system of strike first, talk later, which is costing our economy millions. The ABS reports that the number of work days lost as a result of industrial action is at an eight-year high. The member for Shortland mentioned that the union movement's strikes in this country are low when compared with those globally. I suggest that when 293,100 days are being lost annually, that is not a figure to crow about.

Under the existing Fair Work Act industrial action is able to commence before any bargaining has commenced. This has resulted in more frequent strikes occurring and on a larger scale. We are seeking to remove this loophole in the interests of small business and the economy. The bill will amend the Fair Work Act to provide that protected industrial action can only be taken if bargaining for a proposed agreement has commenced. This means that costly and productivity-hindering industrial action cannot be the first step in the bargaining process, which will restore order and balance to the enterprise bargaining approach. So that is not a bad amendment to have.

In conclusion, I would like to commend this bill to the House. It cements the coalition government's commitment to help make Australian workplaces even better, by improving the Fair Work laws to provide a stable, fair and prosperous future. We on this side of the House do not hate unions. I have worked closely with them and I will continue to work closely with them. If those on the other side want some advice, they should ask themselves: why has union membership in Australia fallen dramatically over the past 30 years? These amendments are not going to affect future union membership. If you want to build a successful union, if you want a union that members can find value in, support this bill and these amendments. Make the same conditions apply to the union movement that apply under the Corporations Act.

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