Lin Thorp (Tasmania, Australian Labor Party) Share this | Hansard source

I rise today to reject the Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012 and in doing so I act in accordance with the Senate committee's recommendation that this bill not proceed. I also reject the idea that the Liberal and National parties have any genuine interest in the rights of Australian working people or the needs of the families they support. Undermining the very structures that support fair working conditions and a decent lifestyle in this country is, as always, the real motive behind this bill. It is what the coalition is all about; I am afraid, it is in the blood.

Those opposite have a callous disregard for the institutions built up through more than a century of struggle and activism that have ensured that working men and women are able to get a fair go and a chance to get ahead in modern Australia. They show no understanding of the history of the movement which has led to our modern work practices and they now seek to tear down all that has been achieved by workers, by unions and by successive Labor governments. The Liberal Party, after all, are the party of Work Choices. This bill is nothing more than an attempt by those opposite to lay the foundation stone and to pave the way back to Work Choices.

This bill is an example of the assault on workers' rights which the Australian people would have to endure if a Tony Abbott led government ever came to power in this nation. Unlike the Liberals, the Gillard Labor government has a strong track record in protecting, securing and enhancing the rights of working people. If the opposition cared about Australian workers, they would have supported this government's legislation to weed out unscrupulous sweatshop operators, who underpaid workers in the textile industry. There was no support from the opposition to extend benefits such as leave, superannuation and minimum hours of work to contracted outworkers. When these workers wanted a chance at a fair go, they stood up with their union, a registered organisation, the Textile, Clothing and Footwear Union, and they made their voices heard. It was this government that listened, not those opposite. Those opposite were happy to go on ignoring their plight because the truth is they just do not care.

Perhaps if the coalition cared about the rights of Australian workers, they would have not committed to rejecting legislation that would have ensured workers were able to access their entitlements where directors have abandoned a company, under the Corporations Amendment (Phoenixing and Other Measures) Bill 2012. The coalition's opposition showed clearly that the Liberals are more interested in protecting their mates in big business by pledging to protect directors who abandon their companies rather than giving employees the ability to access their entitlements under Corporations Law.

We are only debating this bill today because last year the Leader of the Opposition, Mr Tony Abbott, overreacted to public hype and heroically pledged that he would suspend standing orders and introduce the legislation urgently. However, Mr Abbott failed to follow through on his statements, again. It is now clear the opposition leader's words were nothing more than another media stunt. Let us not pretend the opposition leader is actually interested in protecting and defending workers' rights. After all the promises to act, Mr Abbott did not introduce this bill himself nor was it introduced in the chamber in which he sits. It would be a nice change if the coalition could present the parliament with some actual policy. This bill is unnecessary, cynical and shallow. There is nothing in the current Fair Work (Registered Organisations) Act that would prevent criminal proceedings being initiated when funds are stolen or when someone has engaged in fraudulent behaviour. Nor does the current legislation prevent criminal proceedings from commencing even after civil penalties have been applied in relation to the same conduct as per section 313 of the act.

Trade unions are not corporations. However, there are many similar regulations that are already in place that regulate the activity of registered organisations. For example, registered organisations are subject to legally recognised duties and obligations. The levels of financial accountability of registered organisations have never been higher than they are now under the Gillard Labor government. These organisations are already required to undertake regular reporting of their financial accounts, audits are required to sign off on the books and this is all processed in accordance with accounting standards. This is largely due to the powers of the Fair Work Commission, which have never been stronger. Penalties for those who do the wrong thing have never been tougher than they are now. In fact, the Gillard Labor government has tripled penalties for breaches to the Fair Work (Registered Organisations) Act. This means that, under the current legislation, there are already requirements in place, for registered organisations, for officers to act with care, diligence and in good faith. These requirements already act to discourage improper use of positions and improper use of information that has been obtained through the organisation.

With regard to financial accountability, the Fair Work (Registered Organisations) Act clearly prohibits members' money from being used to favour particular candidates in internal elections or campaigns. The Gillard government also made amendments to the Fair Work (Registered Organisations) Act which require office holders to disclose personal interests. For example, officers must disclose material personal interest that relates to the affairs of their organisation. This requirement extends to the officer and/or relatives of the officer, and this information must be disclosed to members of the organisation or branch.

In fact, when the Liberals claim to be enhancing the rights of workers and supporting the union movement, the Australian people ought to be very wary, because we know that policies such as Work Choices are in the Liberal Party's DNA. It goes to the core of what they are all about. Ripping off working people and doing everything they can to lower the costs of Australian labour to benefit their mates in the big end of town—this is the Liberal story. This is a history that the coalition should be ashamed of. Those opposite have consistently chosen to help out billionaire mining magnates and accept blood money from multinational tobacco giants, all at the expense of the average Australian worker. This bill is yet again another attempt to undermine Australian workers and yet again another attempt to weaken the unions that act on behalf of workers to uphold rights and to ensure fair wages and conditions.

It has always been Labor governments who have acted to restore fairness, decency and equity to our workplaces. By working together, it has been Labor governments and unions that have been able to achieve great outcomes. These initiatives include things such as Medicare, the PBS, the superannuation guarantee, occupational health and safety laws, workers compensation, enterprise bargaining, the National Employment Standards, long service leave and the age pension. This is our history. This is the history of the Australian Labor Party, and it is a history that every Labor representative and party member is very proud of. It is a history in which we have stood with Australian unions and Australian workers to ensure that no working men or women are treated unfairly or left behind. Only Labor governments have fought to ensure that fair working conditions such as penalty rates, public holiday pay and overtime will be protected. This is what the Labor Fair Work Act is all about. It is about providing a strong and stable safety net, providing a flexible and fair workplace, providing protection against unfair dismissal and upholding conditions. That is why Labor is increasing superannuation from 9 per cent to 12 per cent, and it is why Labor is working to harmonise workplace health and safety legislation, as we recognise that all Australians should be safe at work. It is why Labor has recently announced even more measures to improve the safety of Australian workers at their workplace, by introducing changes that will protect pregnant workers and workers who are experiencing workplace bullying, provide workers with a right to request part-time work when returning from unpaid parental leave, provide workers with rights with regard to flexible rosters and ensure that employers consider the impact on their employee's family when determining those rosters. These are all practical measures and they are policies that we are willing to talk about and debate in this place.

Sadly, too often, great Labor reforms which support the Australian worker are opposed by those opposite. Time and time again, coalition governments have slapped Australian workers in the face, and they will no doubt continue to do so under an Abbott government, should Mr Abbott ever become our Prime Minister. The Abbott opposition were not prepared to provide support or work proactively to solve the Grocon dispute. They stood on the sidelines and played politics, showing total disregard for the rights of Australian workers.

The bottom line is that the Gillard government has already acted to amend the registered organisations legislation. In June last year, the government acted to improve the functioning of the Fair Work Commission by enabling it to more effectively monitor, investigate and enforce the rules under the Fair Work (Registered Organisations) Act. At the same time, the Fair Work Commission was granted greater powers to monitor compliance and prosecute breaches. The Fair Work Commission is also now instructed to complete its investigations, and I quote, 'as soon as practicable'. Investigations are now able to source information from a wider range of sources, a move that has empowered the General Manager of the Fair Work Commission to share information with the police and other regulatory bodies. At this time, however, the policy-weak Liberals did not bother to make any suggestions about changes to the deregistration of union rules. This is because they genuinely do not care.

In contrast, the Gillard Labor government has a proud record of supporting workers, particularly low- and middle-income-earning Australians—decent and hardworking people who are trying to make a better life for themselves and their families. Take, for example, this government's commitment to funding the social and community services pay equity case. This decision affects workers who are employed under the Social, Community, Home Care and Disability Services Award, and it ensures fair pay for many thousands of people performing these vital roles across the country. This outcome has been reached because this government understands the real bread and butter issues that affect Australians because of those deep links with the trade union movement.

We understand because unions like the ASU and HACSU make sure we do. You only have to look at the recent announcement of a $300 million investment in the childcare sector bringing fair pay for early childhood educators while maintaining affordability of child care for Australian families. The government acted on this important issue because it recognised the vital role played by those responsible for providing our children with their early educational experiences. It also recognised that the low wages were leading to a workforce crisis. Childhood education centres across the country were finding it very difficult to find and retain staff. Hundreds were leaving the sector every week—not necessarily because they wanted to, but because they needed to work elsewhere to pay their bills because of the low pay they were on as childcare workers. So this is a great outcome that ensures a more stable and skilled workforce who can give our children the best start in life. I would like to acknowledge the hard work of United Voice through their Big Steps campaign in coming to this outcome.

Perhaps we should turn to the 'safe rates' laws this government passed earlier this year—once again, our commitment to a safe and decent working environment for our nation's hardworking truck drivers has been realised by working with the Transport Workers Union to achieve this reform—or perhaps the fact that, working with the Maritime Union of Australia, we have achieved stronger shipping laws in this country that will protect workers and grow the industry after years of neglect and downturn presided over by those opposite.

While the coalition senators who were on the Senate committee reviewing the bill said that the proposed amendments were 'in the national interest', only two submissions, as others of my colleagues have mentioned, supported the proposed changes.