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

It seems that everything to be said has been said and it has left me little to say. If I could add this to the debate: under Forward with Fairness the government promised:

Fair Work Australia will ensure there are appropriate arrangements in place to enable duly authorised permit holders to meet with those workers who are eligible and who want to meet with them, in accordance with right of entry laws.

The government intends to meet that election commitment. Employees have a right to representation irrespective of the size of the business that they work for. The bill’s right-of-entry provisions balance that right of employees to be represented by their union with the right of employers to get on with the job of running their business.

We do not support the amendments that are being put forward by Family First. We understand that there have been longstanding roles under the industrial relations legislation, including under Work Choices, to investigate suspected breaches of awards and to take recovery action to make sure employees are paid correctly. There has never been a small business exemption from right-of-entry laws. Small business employees should have the same access to their unions as employees of large businesses. Any attempt to exclude small businesses from the right-of-entry laws would be contrary to the spirit of freedom of association principles and would go even further, as I said, than Work Choices in restricting union access.

The provision for 72 hours notice of entry goes further than Work Choices. Work Choices required 24 hours notice. The government considers the existing 24-hour notice period to be sufficient for an employer to prepare for a visit from a permit holder. It strikes the right balance amongst business concerns, freedom of association and ensuring that employees are able to access their union representatives. I will not add any further to this debate; I think it is quite clear that these amendments are not supported by the government. They go too far. They do not strike the right balance and, in fact, deprive many employees of fair access to their union.

Question negatived.