Stephen Smith (Perth, Australian Labor Party, Shadow Minister for Industry, Infrastructure and Industrial Relations) Share this | Link to this | Hansard source

My question is to the Prime Minister. I refer the Prime Minister to his October 2005 WorkChoices booklet. I quote from page 37:

Transmission of business occurs when an existing business is sold to another business ...

The Australian Government will protect the entitlements of employees in these circumstances—

for 12 months. Prime Minister, why were the entitlements of the 65 employees at the Hilton IGA in Perth not protected on the sale of that business?

John Howard (Bennelong, Liberal Party, Prime Minister) Share this | Link to this | Hansard source

My understanding in relation to the Hilton case is that the Office of Workplace Services investigated claims raised in the media regarding accusations of duress being applied to workers in the sale of the Hilton IGA in Perth in September. Yesterday the OWS announced that it would be prosecuting Ten Talents Pty Ltd for allegedly applying duress to existing employees.

Provisions in the Workplace Relations Act prevent employees having duress applied to force them to sign an AWA. The transmission of business provisions ensures that an existing worker’s entitlements are protected for 12 months, as the government said they would be last year. In this case a complaint was made, it was investigated by the OWS and in 18 days action was taken against an alleged brief.

So much for the law not working! The law has worked with alacrity, to the great disappointment of the member for Perth. I know it breaks the heart of the Labor Party when this law is demonstrated to be working effectively. As I will demonstrate at the end of question time when I add to an answer I gave yesterday, the member for Perth is a past master at distorting the situation on this issue.