Andrew Murray (WA, Australian Democrats) Share this | Hansard source

by leave—I move Democrats amendments (1), (3) and (7) on sheet 5457, revised, together:

(1)           Schedule 3, page 108 (after line 7), after item 1, insert:

1A  After paragraph 21(a)

Insert:

           (aa)    monitor pay equity;

           (ab)    hear individual complaints of pay inequity;

           (ac)    provide simplified proceedings for the conduct of matters arising under paragraph (ab) which comply with sections 108 and 109.

(3)   Schedule3, page 108 (after line 12), after item 2, insert:

2A  Section 23

Repeal the section, substitute:

23  AFPC’s wage-setting parameters

        (1)    The objective of the AFPC in performing its wage-setting function is to ensure that a safety net of fair minimum wages and conditions of employment is established and maintained while promoting the economic prosperity of the people of Australia, having regard to the following:

             (a)    the need to provide fair minimum standards for employees in the context of living standards generally prevailing in the Australian community;

             (b)    the capacity of the unemployed and the low paid to obtain and remain in employment;

             (c)    economic factors, including levels of productivity and inflation, desirability of attaining a high level of employment, employment and competitiveness across the economy;

             (d)    relevant taxation and government transfer payments;

             (e)    the needs of the low paid.

        (2)    In performing its functions under this Part, the AFPC must have regard to the following:

             (a)    the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which work is performed;

             (b)    the need to support training arrangements through appropriate trainee wage provisions;

             (c)    the need, using a case-by-case approach, to protect the competitive position of young people in the labour market, to promote youth employment, youth skills and community standards and to assist in reducing youth unemployment, through appropriate wage provisions, including where appropriate junior wage provisions, taking into account:

                   (i)    the extent of labour market disadvantage faced by young workers; and

                  (ii)    the work value of young workers at different ages; and

                 (iii)    the promotion of skills development and training of young workers to reduce their labour market disadvantages; and

                 (iv)    the desirability of minimising discrimination on the basis of age in wage rates only to the extent necessary to further these objectives; and

                  (v)    the structural efficiency principle; and

                 (vi)    that 18 years of age is considered an adult;

             (d)    the need to provide a supported wage system for people with disabilities;

             (e)    the need to apply the principle of equal pay for work of equal value;

              (f)    the need to prevent and eliminate discrimination because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

        (3)    For the purposes of paragraph (2)(f), trainee wage arrangements are not to be treated as constituting discrimination by reason of age if:

             (a)    they apply (whether directly or otherwise) the wage criteria set out in the award providing for the national training wage or wage criteria of that kind; or

             (b)    they contain different rates of pay for adult and non-adult employees participating in an apprenticeship, cadetship or other similar work-based training arrangement.

(7)   Schedule 3, page 108 (after line 12), after item 2, insert:

2E  After paragraph 150B(1)(h)

Insert:

           (ha)    investigate, research and regularly publish pay equity outcomes for all ITEAs and collective agreements;

As one does in preparation for debates on substantive bills, you go back over the ground covered in previous substantive bills. I went back as far as Work Choices and, in looking at that, found it to be a bit depressing because, unlike this process where amendments are being dealt with as they should be—each on their merits—I recall that a lot of ours were rolled up under a guillotine. Some were not rolled up in the guillotine and they were very topical and covered issues of fairness. I did want to bring forward the amendments that were in many particular specific instances supported by the Labor Party in opposition, so hopefully they will now support them in government.

My amendments (1), (3) and (7) all cover issues of pay equity and inequity. Unless the chamber wishes, I do not intend to go through all of them in depth. Amendment (3) has a quite substantial change because, when we originally moved that amendment in 2005, we were very concerned that insufficient fairness imperatives were put upon the Australian Fair Pay Commission in its work, including in areas to do with young people, disadvantaged people and the promotion of skills development.

I doubt that senators’ memories would be exact enough but, having looked back at the debate, my memory is that the Labor Party supported this at the time. We can always go and look for the exact element. I am putting you on the spot deliberately—even if you do not want to deal with this right now because you are working on a transitional bill—in saying to the Labor Party in government that it is important that, as far as possible, fairness be wound into the directions and objectives of regulatory tribunal or commission bodies, such as the Australian Fair Pay Commission.

So essentially these are three fairness mechanisms. They have a history; they have been put before the chamber in past days. They are of course updated. For instance, amendment (7) refers to ITEAs, which certainly were not referred to in 2005. But, by and large, they are a regurgitation of previously held positions by the Australian Democrats.