Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

In question time a few moments ago, the Prime Minister said that he supported the penalty rates decision. He also said, 'We support the independent umpire whether it is the courts or—

Honourable Members:

Honourable members interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

The Manager of Opposition Business will resume his seat for a second. Members on both sides will cease interjecting. As I have said many times, they expect me to hear the question. If they want me to rule on it—

Mr Fitzgibbon interjecting—

The member for Hunter! Perhaps he is sitting close to the door for a reason. I want to hear the Manager of Opposition Business in silence. The Manager of Opposition Business will begin his question again.

Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

My question is to the Prime Minister. In question time a few moments ago, the Prime Minister said that he supported the penalty rates decision, and he also said: 'We support the independent umpire, whether it is the courts or whether it is the Fair Work Commission.' Given that this parliament regularly changes the law following decisions of the courts or tribunals when they were not what the government wanted, including when the government abolished the Road Safety Remuneration Tribunal, and noting that legislation doing exactly that on native title is before the Senate now, is the reason the Prime Minister refuses to act in this instance simply because he supports the pay cut?

Mr Fletcher interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

The Minister for Urban Infrastructure will cease interjecting.

Malcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | Link to this | Hansard source

I thank the honourable member for his question. If I may answer it with a quotation from his leader, on 16 May 2016—and there is some very fine video of this, I understand. It was in a doorstop in Geelong, and he was lecturing the Greens—the member for Melbourne will note this. At this stage the Greens were proposing some legislation, a private member's bill, which would prevent any change to penalty rates by the Fair Work Commission. So this is what the Leader of the Opposition said, not so long ago, in May 2016:

I do also just caution the Greens, from their sideshow position—

He has clearly joined the sideshow himself now!

… from their sideshow position that they need to be careful of what they're playing with fire by proposing that a government should be able to legislate on specific penalty rate outcomes, they are loading the gun for a future conservative government to pull the trigger, because what the government has the power to put in, a future government has the power to dismantle. The independent umpire, the system of conciliation and arbitration, has served this nation well for 120 years.

Bill Shorten, doorstop interview, Geelong, 16 May 2016. What a change!

We support the independent umpire. We accept their decisions.

As to the question of the precise merits of each decision, let me answer this question in a very practical way that the honourable member, as a former organiser for the shoppies union, would understand very well. He knows very well the enormous advantage that the SDA has been able to achieve for large businesses. Here is a real fact to bear in mind: a person working in a dress shop—a clothing shop—is entitled to be paid $38.88 an hour on a Sunday as a shop assistant. If they are working for Target, just down the road, they can be paid $31.02 an hour. Why? Because there has been a deal done with the union. The union, of which the member for Watson was an organiser, has traded away their penalty rates, and in a manner that disadvantages small business. This was a complex decision—a very complex decision: thousands of pages. It was properly dealt with by the independent umpire, and we support the independent umpire. So did the Leader of the Opposition—until he was given his orders by the union bosses. (Time expired)

Mrs Prentice interjecting—

Mr Taylor interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

The member for Ryan and the member for Hume will not interject.