Justine Elliot (Richmond, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Treasurer and Acting Prime Minister. I refer to the AWA offered to employees at Childs Family Kindergartens in New South Wales that reduces wages and sick leave entitlements and expressly removes rest breaks, annual leave loading, supervisor allowances, overtime payments beyond two extra hours work and a first aid allowance. Acting Prime Minister, how is this providing better choice to some of Australia’s most valuable workers, workers caring for our nation’s future?

Kevin Andrews (Menzies, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source

I thank the honourable member for her question. Whilst obviously I have not seen the document that she refers to, if past experience with the opposition is any indication, it is always very sensible to look at the document before you take on face value what someone says about it.

I indicate to the House that any agreement, whether a collective agreement or an individual agreement, must be submitted to the Office of the Employment Advocate. The Office of the Employment Advocate will ensure that that agreement contains in it the minimum standards in terms of the Australian Fair Pay and Conditions Standard. The Office of the Employment Advocate will also check that agreement to see whether a range of other protected matters are specifically referred to or otherwise in the agreement. If they are not referred to then that agreement will not meet the current requirements of the Work Choices legislation. I understand, though, from the tenor of the question, that this is just a matter that is one of discussion between the parties at the present time. No doubt there will be continued negotiations about that.

Finally, I point out that, if there are complaints about an agreement or the way the industrial arrangements operate in that business—or any other business—then they can be made to the Office of Workplace Services, which will investigate them. As we have seen in the case of a number of restaurants operating here in Canberra, where the law has not been upheld, the Office of Workplace Services will move to prosecution. The Office of Workplace Services announced again today a prosecution against a company operating in Sydney that failed to meet the requirements of the legislation.