Senate debates
Thursday, 19 March 2009
Fair Work Bill 2008
In Committee
Eric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source
Quickly summing up, I understand what Senator Siewert said but, having listened to a homily about how the government had an absolute mandate, had a right and should be supported in bringing in policies for which it stood at the last election in relation to a previous matter, I remind the chamber that this was the cast-iron guarantee given under Labor’s policy:
Our policy clearly states that no one will be forced to sign up to an agreement where they do not agree to the terms.
This is a complete breach of faith with the Australian people and with what was promised. The government, at that time in opposition, promised this so as to clothe themselves in the economic conservative apparel that they were trying to clothe themselves in. Of course, now that the election is over, they are trying to rip it off as quickly as possible. The problem for Ms Gillard and the government is that these words are actually recorded. I note, with interest, that the minister does not deny the words that I quoted out of Forward with Fairness and does not deny that she made those promises. What we say is that negotiating an agreement is about trying to find areas on which you can agree. If you cannot agree on something, then you should not be forced under law to have someone else impose an agreement on you—especially in these circumstances, where there is the strong safety net of the National Employment Standards that has been created by the bill. What this is doing is introducing compulsory arbitration in circumstances where Labor gave a cast-iron guarantee not to introduce such a regime.
Question negatived.
We will not be pursuing opposition amendment (16). I move opposition amendment (17) on sheet 5739:
(17) Clause 134, page 132 (after line 13), after paragraph (1)(d), insert:
(da) the requirement not to disadvantage employees; and
(db) the requirement not to increase costs for employers.
This is a very simple amendment and it will put the acid on the government. Ms Gillard made the promise to the Australian people that award modernisation would not disadvantage any employee. She also said to the Australian people—another one of these cast-iron guarantees that somehow have rusted away since 27 November—that there would be no increased costs for employers under award modernisation. They were the two solemn promises. We want to test and see whether the government is going to be true to its word and support the words of Ms Gillard or whether it is going to vote against her words and the promise that she made to the Australian people. Quite frankly, it was a promise that she must have known she could not keep. It was an impossible proposition to put to the Australian people. I personally believe that Ms Gillard knew that what she was saying was undeliverable, but I am willing to be corrected. The way that I will be corrected is when the government says, ‘Yes, Ms Gillard’s promise is deliverable and we will vote for these amendments.’ Somehow, by weaving some sort of industrial magic, we can have award modernisation which does not disadvantage any employees and does not increase costs for employers. In those circumstances, I am sure it is very easy for Labor to support the amendment and indicate that it has full support and faith in Ms Gillard’s comments to the Australian people before the last election.
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