Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

No, I tabled it just then. I tried to table it before dinner. It is much easier to table these things so they are on the public record. In addition to the Fair Work Bill 2008 amendments, as I have indicated, I will give a general overview.

Firstly, on flexibility of work for carers of children with disabilities: as we understand it, both the Greens and Senator Xenophon are supportive of that position. Secondly, on time lines for the lodgement of unfair dismissal claims: obviously the government and Senator Xenophon are keen to support an amendment, which will be moved by Senator Xenophon, which extends the period provided in the bill for the lodgement of unfair dismissal claims from seven to 14 days. Given that it relates to a procedural step rather than a substantive right, it is a matter that would assist in that area. Thirdly, on the right of entry and outworkers: the government understands that Senator Xenophon will waive the requirement to provide 24 hours notice of intention to enter for the outworker sector. The government has indicated that it will support an amendment along those lines moved by Senator Xenophon. The Senate committee, as I understand, heard evidence that many operators of outworkers in sweatshops pack up the premises when 24 hours notice of intention to enter the premises to inspect breaches of the act or awards has been given, so it seems to be a sensible amendment.

In the area of right of entry dealing with reasonable suspicion, the government has indicated that it will support an amendment by Senator Fielding that inserts an additional statutory note to make clear that clause 481 covers the conduct of the permit holder misleading the employer where he or she holds reasonable suspicion. In respect of misuse of entry rights and multiple visits, the government has indicated that it will support an amendment by Senator Fielding that will put beyond doubt that repeated right of entry for visits for the vexatious purpose of disrupting a business is grounds for the revocation or suspension of a right of entry permit by Fair Work Australia.

In respect of access to non-union-members’ records, the government has indicated its willingness to support an amendment by Senator Fielding to provide that a union permit holder exercising the right of entry for the purpose of investigating the alleged breach may only inspect documents relating to employees who are not members of the permit holder’s union if that employee gives written consent or Fair Work Australia determines that it should be permitted to do so. In respect of that, we may have to get to that position and see where the arguments are. In respect of the representation issue, the government has agreed to support an amendment by Senator Xenophon to include an additional explanatory note to the provision regarding representation as a further guide to Fair Work Australia.

Dealing with some additional matters, I might have dealt with conscientious objection certificates earlier, but, just to be sure, the government agreed to support an amendment by the Greens to remove clause 485 of the bill. I may have already dealt with the review of the FWA, which is the clause 653 and, of course, the interim review of modern awards. In addition to the review, the government agrees to include in the transitional and consequential bill an amendment requiring Fair Work Australia to conduct an interim review of modern awards after two years, and I might have dealt with that as well.

That is the outline of the circumstances, and the government is keen to get onto the amendments as soon as practicable. There are some matters raised before the dinner break. We have taken a view that there are some answers that are available but we will ensure that we collect all of those so that we can then provide them this evening in one part so that I can then deal with them in one go when I am on my feet. They should not be too far away but there were some matters that will take a little bit of time to get.

I may have misheard the position that you were putting but one of the issues that does get aired in this debate, and it is a matter that has been raised, is that the government were given a mandate by the Australian people at the last election to get rid of Work Choices and implement a fair and balanced workplace relations system predicated on collective bargaining and underpinned by a strong safety net. In doing so, the government’s Fair Work Bill achieves this. The government designed the bill to be the right policy for economic times that might be good or economic times that might be difficult or challenging because we sought to balance both flexibility and fairness. The Fair Work Bill is not designed for one set of economic circumstances. The elements of flexibility and good faith bargaining mean it is responsive to the needs of business but, at the same time, it provides a safety net for working people. They are matters that the opposition were trying to reiterate in terms of some of the disappointment they may have thought that they had in respect of the committee process.

We have had a significant process, including an inquiry by the Senate Standing Committee on Education, Employment and Workplace Relations. That is a substantive committee. I take the opportunity now to thank the committee members for their work. In addition, there are substantive amendments to be moved. There is the Fair Work Bill itself, with its explanatory memorandum. May I add that, in comparison to Work Choices, it is a far more balanced and fair bill. It is more flexible. It provides flexibility for workers, including carers of children with disabilities.

When you look at the size of the Work Choices legislation and the Fair Work Bill, the comparison is stark. The Fair Work Bill has been drafted to ensure that it sets out in plain English the clauses that it is designed to cover. It centres on collective bargaining. Yes, there have been amendments made to the bill. That is not surprising, given the process that the government have undertaken in pursuing a fair and flexible Fair Work Bill. It should not come as a surprise to the opposition that we have accepted and acceded to many amendments to ensure that that spirit is contained within the legislation.