Julia Gillard (Lalor, Australian Labor Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

My question is addressed to the Minister for Employment and Workplace Relations. Minister, I refer to your answer to my first question today and to your denial that a new wave of industrial relations advertisements is under production. I also refer to reports in today’s newspapers that the advertising agency WhybinTBWA is ‘deep in the process of creating phase 2 of the government’s advertising blitz on industrial relations’, which media sources say will be launched in a week. Minister, has the government contracted with WhybinTBWA for a second phase of the industrial relations campaign or not?

Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source

I did not see that detailed report—I am happy to have a look at it—as I was focused on other media reports this morning, but I am familiar with one workplace relations advertising campaign that is under way. It comes from a media release, dated 25 March this year, from the Victorian Minister for Industrial Relations, Mr Hulls. He has said that he has prepared television, radio and press advertisements which will run over the coming months against the federal government’s workplace relations laws. I have been waiting since 25 March for the Labor Party to express its outrage about abuse of taxpayers’ funds in Victoria, where the Victorian industrial relations minister—

Duncan Kerr (Denison, Australian Labor Party) Share this | Link to this | Hansard source

Mr Speaker, I rise on a point of order. It appears that the minister has more knowledge of the affairs of the Victorian government than he has of his own responsibilities. He was asked a question about—

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

That is not a point of order.

Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source

The Victorian industrial relations minister is so outraged about federal laws—which are based on a power referred from the state government of Victoria to the federal government—that he has used Victorian taxpayers’ money to prepare television, radio and press advertisements that are going to be running against federal workplace laws over the coming months. To assist the Deputy Leader of the Opposition, I am happy to table that press release and I would like to hear her response.

Sophie Mirabella (Indi, 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 whether workers who are covered by common law contracts are entitled to penalty rates?

Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source

I thank the member for Indi for her question. If a worker is covered by an award and employed under a common law contract, they must be paid all the entitlements under that award. If hours are worked which would have entitled the worker to penalty rates under that award, the worker must be paid those penalty rates. This has been the case in Australia for more than 90 years.

The Office of Workplace Services can and does investigate these matters and take action on behalf of workers to recover any underpayment. In some cases the Office of Workplace Services may take the employer to court to recover underpayments and the employer may be ordered by that court to pay fines. The entitlements of workers have strong protections under the workplace relations laws. I urge any member of this House or of the general public who is aware of any underpayment of entitlements to contact the Workplace Infoline on 1300 363264.

Dick Adams (Lyons, Australian Labor Party) Share this | Link to this | Hansard source

Mr Adams interjecting

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

Order! The member for Lyons is warned!