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

My question is to the Minister for Industrial Relations. Yesterday in this House the minister said that job ads that state a preference for workers who are under 35 and eligible for the hiring credit should not exist under the Fair Work Act. I have here 16 jobs advertised online, all of which prefer or require applicants to be eligible for the hiring credit. What action has the minister taken since Labor raised this issue yesterday?

Christian Porter (Pearce, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

The question yesterday was in respect of someone in Diamond Creek, a single mother in her 40s, who said that she'd never been unemployed until now. She found a job ad which stated that candidates under 30 were preferred so the employer could receive the hiring credit. It would not be an exception—and you could not advertise for people preferred over existing employees if that person—

Opposition Members:

Opposition members interjecting—

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

Members on my left.

Christian Porter (Pearce, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

There are existing exemptions to the Age Discrimination Act, but you cannot advertise saying that you prefer someone in a way that would displace an existing person who, based on their age, was not inside the hiring credit. That would be quite wrong. There are exemptions to the discrimination legislation, which have long been there, which do permit employers to target prospective employees who fit within a Commonwealth employment program. So that is an exemption, but you cannot advertise for someone to receive the hiring credit in a way that would displace an existing employee. You cannot do that.

Opposition members interjecting—

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

Members on my left. The Manager of Opposition Businesses is seeking to table a series of documents?

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

Yes, I've got 16. Can I go through them one at a time?

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

No. I think you can do it as a job lot.

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

I seek leave to table the 16 job advertisements.

Leave not granted.