Louise Markus (Greenway, Liberal Party) Share this | Link to this | Hansard source

My question is addressed to the Minister for Employment and Workplace Relations. Would the minister advise the House how Work Choices interacts with state occupational health and safety laws? Is the minister aware of any alternative views?

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

I thank the member for Greenway for her question. I note that the unemployment rate of 4.5 per cent in her electorate of Greenway is below the national average, and almost half what it was at 8.8 per cent when Labor was in government. That is a result of the strong economic management of this government, which has led to more jobs for people not only in Greenway but right throughout Australia.

The honourable member asked me about the continuing absurd claims made by the opposition and the unions about occupational health and safety under Work Choices. I again reiterate to the House that occupational health and safety remains a responsibility of the states and territories and indeed is legislated for by the states and territories in Australia. But this has not stopped those opposite and others from running around suggesting otherwise. We have had Labor’s great new hope, Bill Shorten, running around suggesting that occupational health and safety training is somehow at risk under Work Choices. Indeed, on Sky News on 22 May, Mr Shorten had this exchange with David Spears, who asked: ‘Do you accept that workers at this mine or any mine or any workplace will still be able to receive union provided safety training under the new laws?’ Mr Shorten responded, ‘No. I don’t accept that.’

That was pretty clear. But I was very surprised recently when I came across a union collective agreement which was lodged with the Office of the Employment Advocate, I am advised, on 12 May this year—a union collective agreement lodged since the introduction of the Work Choices legislation on 27 March. When I look in this agreement I find clause 26—

Brendan O'Connor (Gorton, Australian Labor Party) Share this | Link to this | Hansard source

Mr Brendan O’Connor interjecting

David Hawker (Speaker) Share this | Link to this | Hansard source

Order! The member for Gorton!

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

I see clause 26, which is headed—

Brendan O'Connor (Gorton, Australian Labor Party) Share this | Link to this | Hansard source

Mr Brendan O’Connor interjecting

David Hawker (Speaker) Share this | Link to this | Hansard source

The member for Gorton is warned!

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

‘Occupational health and safety’. Clause 26.2 states:

... the Victorian Occupational Health and Safety Act 2004, its regulations and associated safety legislation will apply.

And it goes on to say:

All employees will participate in safety training programs, including detailed induction on refinery and project safety procedures.

So this clearly sets out that the Victorian occupational health and safety law will continue to prevail. Not only that, when I turn over to the next page I find the following in clause 26.11:

Occupational health and safety representatives will be provided with five days paid training for attendance at an occupational health and safety course consistent with the provisions of the Occupational Health and Safety Act 2004.

In other words, union training, if that is the choice, will continue to be provided as part of that occupational health and safety training if that is what the Victorian legislation prescribes. As I said, this was a surprising agreement in light of the comments from the opposition and, particularly, in light of that interview with Mr Shorten on the television recently. When I turn to the back of this agreement to see who the signatories are, I see that this agreement, lodged on 12 May, was signed, for and on behalf of the Australian Workers Union, by the assistant secretary of the Australian Workers Union. So we have Mr Shorten and others opposite going around Australia saying—as Mr Shorten did on Sky News—‘I don’t accept that workers will still be able to receive union provided safety training,’ when his own union is negotiating an agreement under Work Choices which provides specifically for the continued operation of occupational health and safety laws and, indeed, training in Australia. This says once again what the unions and those opposite know, and that is that occupational health and safety is a matter for the states and territories in Australia and nothing in Work Choices will stop training being provided by a union if that is what the parties decide.

Kim Beazley (Brand, Australian Labor Party, Leader of the Opposition) Share this | Link to this | Hansard source

Mr Beazley interjecting

Michael Ferguson (Bass, Liberal Party) Share this | Link to this | Hansard source

Tell the truth, Mr Beazley.

David Hawker (Speaker) Share this | Link to this | Hansard source

Order! The member for Bass will withdraw that.

Michael Ferguson (Bass, Liberal Party) Share this | Link to this | Hansard source

I withdraw.