Craig Kelly (Hughes, Independent) Share this | Hansard source

by leave—I move amendments (2) and (3), as circulated in my name, together:

(2) Schedule 1, item 18, page 9 (after line 22), after section 32R, insert:

32S Excluded occupations

(1) This section applies in relation to an employer and an employee if the employee is employed in an occupation where the rate of death in the workplace is more than one in 100,000 per year, averaged over a five-year period, as determined by the Australian Government Actuary.

(2) For the purposes of this Act, the most recent notification to the employer:

(a) by the Commissioner; and

(b) relating to a request by the employer (or by the employer's agent) for the Commissioner to identify any stapled fund for the employee;

is taken to be that the Commissioner is satisfied that there is no stapled fund for the employee.

(3) On 1 July each year, the Australian Government Actuary must publish a list of occupations where the rate of death in the workplace is more than one in 100,000 per year, averaged over a five-year period.

(4) An employee in an occupation identified by this section is considered not to have a stapled fund.

Note: The intent of amendment 2 is to ensure that the stapling provisions do not apply to workers employed in dangerous occupations.

(3) Schedule 3, items 18 and 19, page 32 (lines 6 to 24), after section 117A, insert:

117B Excluded occupations

(1) Regulations made for the purposes of section 117A may not prescribe any investment or type of investment, under any circumstances, in any of the following industries:

a. mining;

b. agriculture;

c. energy production;

d. oil or gas extraction;

e. oil or gas refining;

f. steel or mineral refining;

g. cement or concrete products;

h. salt mining and refining;

i. defence industries;

j. shipbuilding;

k. firearms and ammunition production;

l. hunting and the export of kangaroo meat;

m. manufacturing;

n. horticulture;

o. aquaculture;

p. grain handling;

q. sugar industries;

r. timber and paper products;

s. pet food manufacturing;

t. rubber, plastic and cable-making industries;

u. hair and beauty;

v. dredging and port authorities;

w. fisheries;

x. retail;

y. textiles;

z. telecommunications;

aa. information technology;

bb. pharmaceuticals and health products;

cc. construction services;

dd. science, education, and universities;

ee. Australian cultural productions;

ff. dams and weirs;

gg. deep sea fishing;

hh. live cattle, sheep, and other animal exports;

ii. train manufacturing;

jj. electric vehicle manufacturing;

kk. tourism;

ll. accommodation;

mm. healthcare;

nn. childcare;

oo. infrastructure;

pp. road or rail transport; or

qq. air or sea transport.

Note: The intent of amendment 3 is to prevent the use of the regulation-making power prohibiting an investment in any of the specified industries.

When I was 14 years of age, my family moved out of my family home. I could no longer go to my old school. But one of the guys that was working for my father at the time, a gentleman called Paul, was about three years older than me. He came and picked us up every day and drove me to school and drove me home. He was like a bit of an elder brother. A year later, he was involved in a car accident while doing a delivery to Newcastle. He lost his arm and lost part of the sight in his right eye. I've seen, over my career before I came to this place, many terrible accidents in the workplace. When I look at this legislation, there is a risk—and I acknowledge it's a small risk, but it only has to be one person—that, when we staple someone's funds, we will also staple their insurance policy. And there is a risk that, when someone moves from a job in an office—where the risk could be a paper cut or the photocopier lid closing down hard on their arm—to a dangerous occupation, they could suffer an injury and they might be underinsured. My conscience will not allow me to vote for any legislation that allows that risk, even if it is for one person. I hope I have support from the entire House on that.

On amendment (3), I agree that we should be very careful in government about giving powers to ourselves to make decisions that override the private economy. I appreciate there are many decisions that we see from the large union-controlled super funds that are not necessarily in the best interests. Rather than get rid of that whole section, I have suggested that we have a list of special industries that are excluded from this provision. They would include mining; oil and gas extraction; oil and gas refining; cement and concrete products; hunting and the export of kangaroo meat; rubber, plastic and cable making industries; dredging and port authorities; dams and weirs; live cattle, sheep and other animal exports; and, of course, health and beauty. There is a longer list which everyone can read. I commend those amendments to the House.

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