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

by leave—I move Democrat amendments (2) and (4) on sheet 5457, revised, together:

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

1B  Paragraph 22(1)(a)

After “conduct”, insert “annual”.

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

2B  Paragraph 24(1)(a)

Before “the” insert, “subject to paragraph 22(1)(a),”.

Before I move to these amendments, I will make two remarks arising out of the brief, prior debate. One of the reasons we moved the fairly significant shift in amendment (3) was that the Fair Pay Commission is considering wage awards right now. Those will come into force—will be decided on—as I understand it, prior to the substantive bill, so we were trying to influence the considerations they must take into account. However, that is as it may.

The second point I want to make is with respect to the remarks of the shadow minister. I really think the issue of the future architecture, if you like, of our industrial relations system deserves far more debate and examination than it might have had to date. The Australian Democrats’ opinion is that it is very unwise to tie in a regulator and a commission as one body, which, as I understand it, is the Labor government’s policy. There are, of course, instances where that does occur. The ACCC, for instance, has a tribunal and a commission all under the same roof. But the Australian Democrats’ view is that you need something very clean and very simple to understand. We argue for a separate industrial relations commission which would absorb the functions of the state industrial relations commissions, the federal Employment Advocate and the Fair Pay Commission—either totally or you could create divisions within that.

With respect to the workplace regulator, we would see a single, national, strong, independent workplace regulator that would absorb the regulatory functions of the state departmental inspectorates and absorb the regulatory functions of the Australian Building and Construction Commissioner and other federal regulators. Again, we have no objection to those being in divisions. If it is decided that you have a specific division which is the Australian building and construction division, so it should be. But personally I think there are real dangers in the present path that the Labor government has set out on, with just one authority. I think you should consider splitting the tribunal, with its quasi-judicial function, from the regulator.

I raise these issues because I am not as convinced as many that the substantive bill that you are proposing to put up will have an easy passage. Although the coalition will not have a majority in the Senate, I am not so convinced that the Greens or Senator Fielding or Senator Xenophon will not have an independent view on these matters. These are matters of principle—for instance, whether you stick a regulator in with a tribunal or not. So I thank the shadow minister for his interjection, because I wanted to make what I think are important policy points.

I return, after that brief digression, to items (2) and (4) on sheet 5457 revised. Item (2) in fact confirms the policy that the minister has expressed—namely, that Labor will move to an annual wage-setting system. I think that is for the good. This simply says that is to happen now. Item (4) is a consequential amendment.

Question negatived.

I move on to item (5) on sheet 5457 revised. That is a very simple amendment. I dislike the idea that minimum wages and those sorts of considerations should be done only with an eye towards the economy. I think when you are talking about safety nets and minimums, you have to pay attention to society and what is necessary in society. So I have simply repeated an amendment we put up in 2005, which asks that they take into account society as well as the economy. I move item (5) on sheet 5457:

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

2C  Paragraphs 103(1)(b) and 103(2)(b)

After “economy” (second occurring), insert “and society”.