Christian Porter (Pearce, Liberal Party, Minister for Social Services) Share this | Hansard source

I move:

That the amendments be agreed to.

I will take this opportunity to make a few comments with respect to the bill in the form that it is in before us. The Fair Work Amendment Bill 2014 has returned to the House of Representatives from the Senate.

The measures that the House us now being asked to agree on are at the very least a significant first step in bringing balance back to the workplace relations system. That is, I think, an important initial point. A further important point is that all the measures that were contained in the original Fair Work Amendment Bill 2013 were clearly outlined in the coalition's election policy at the 2013 election. We obviously take the view that they were sensible, fair and balanced reforms. They were very well known at the point they went to a full general election.

That bill progressed. The Senate has agreed to a number of the measures in the bill. The government just notes here its appreciation for the positive and constructive approach that was taken by the Senate crossbenchers in working with the government to pass at least some of the measures that were contained in the Fair Work Amendment Bill 2014 in its full form. Those measures that have been agreed are now being returned in the amended form of the bill.

I just want to make the point, which has previously been made by the Minister for Employment and in the Senate, that the government remains absolutely committed to its election policy and indeed intends to continue discussion with the crossbenchers on the benefits of those measures that were contained in the full version of the bill but which are not proceeding in this amended version. The government looks forward to continuing to work constructively with the Senate crossbenchers to achieve that ultimate goal.

Now I might make a few comments about the changes that have been agreed and that are now before the House. The changes are essentially to the greenfield agreement making process. The effect of the changes is that businesses can now enter negotiations with a greater confidence. The start of a new project will not be at any point held to ransom. The businesses will now have the certainty needed to create jobs to seek investment partners and break new ground on projects.

The Fair Work Commission as a matter of practice will now be able to act as a relief valve and approve a greenfield agreement, subject to it passing all statutory tests, if agreement with the relevant union or unions has not been reached within a set time period of six months. That improved process means that projects will not be held to ransom; there will not be the use of existing processes to achieve only the outcome of delay. That will mean that greenfield projects, which are very important to the Australian economy, can get off the ground quicker and jobs can likewise be created in greater number and quicker.

The bill will also close a loophole. That loophole allowed unions to in effect strike first and talk later. The government takes the very firm view that it is a matter of some common-sense reform to end that process and that that will help to ensure that costly industrial action is not taken prematurely. Employees can still take protected industrial action but bargaining will now need to have actually started first.

Some further notable points about the bill in its amended form before the House are that the bill will also first provide that an employer must not refuse a request to extend unpaid parental leave unless the employee has been given a reasonable opportunity to discuss that request. Secondly, the bill as it is before the House will ensure that the value of unclaimed wages recovered for unpaid workers by the Commonwealth is maintained. These are important changes. Indeed these changes that I have just noted were themselves supported by findings of Labor's own Fair Work review in 2012.

My final comment is that, in making these changes to the Fair Work Act, the government has removed some of the existing impediments to productivity and growth. The reforms will help build a more stable, fair and prosperous future for Australian workers, businesses and the economy.

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