Nick Xenophon (SA, Independent) Share this | Hansard source

At the outset I would like to make it clear that I am reserving my position on these bills at this stage. It is very important, as Senator Carr pointed out, that we get this right. This is a very important issue because we really have been mugs when it comes to the issues of dumping in the past. I acknowledge the work that Brendan O'Connor and then Jason Clare did as ministers for home affairs in this field. I put up a bill several years ago to strengthen our antidumping regime. Parts of that bill were picked up by the former government, which I think led to an improvement. I hope to have the same cooperative approach with this government in relation to antidumping measures because we have been left behind. Australian industry, Australian jobs have suffered because we have not fought for our jobs by having a clear application of WTO rules. I am not suggesting we get rid of the WTO rules; what I am suggesting is that we fight for them.

Why is it that Tindo Solar, the last remaining solar panel manufacturer in this country, is now facing a huge fight against dumped panels from China which are causing a significant impact? Those are below-cost dumped panels. I indicate that Tindo Solar in Adelaide makes a fantastic product in terms of its quality, reliability and longevity. But they are now in a position where they are having to fight an antidumping case—with some assistance, and in Senate estimates it was made very clear that there were some real issues about the level of assistance they were getting, but I think that has been rectified, which is a good thing. But why is it that in Europe and the United States of America action was taken many months ago—in fact some two years ago—on dumped solar panels from China whereas here we are still getting around to it? That shows some flaws in the system. That is why an inquiry into this very important area of public policy relating to the jobs of Australians needs to be looked at properly.

So antidumping legislation is hugely complex. Australia's system has come a long way in the last few years, but we need to go further. We heed to look at why the coalition dropped its reverse onus of proof approach to dumping. There may be good reasons for that, but it is an issue that Senator Madigan and I have long campaigned for because we need to use every method we can consistent with WTO rules to fight for Australian jobs and Australian industry. That is why I move the second reading amendment standing in my name:

At the end of the motion, add :

  and that these bills be referred to the Senate Economics Legislation Committee for inquiry and report by 5 May 2015.

The government may say that is going to delay things by a couple of months. Let's get this right because we are not going to have another opportunity to do this for quite some time. I urge my crossbench colleagues the Australian Greens, Senator Madigan, Senator Muir, my other crossbench colleagues—all of them—to get this right in terms of what we need to do with regard to dumping.

We do not want to breach international law or jeopardise our trade relationships, but we also need to stand up for Australian jobs. We need to take the same approach to dumping that the European Union, the United States of America and a whole host of other countries have. It was very telling to me when Michael O'Connor from the CFMEU was at a conference on forestry in Scandinavia a few years ago. He told them where he was from. He said, 'I'm from Australia,' and the people laughed at him and said, 'Australia; you're the land of the free trade Taliban' because we take such a literal, fundamentalist approach to free trade that no other country does and in the process poke Australian industry in the eye and destroy jobs.

I believe in fair trade. I believe in having a robust network of trade negotiations and of WTO rules, but let's make sure we enforce them. We need to have more consultation on this bill. We need to hear from the people who will be impacted directly on how they feel the system is working and where there can be improvements. That is why I have moved the second reading amendment in my name. I am very grateful for the support of Senator Carr and the Australian Labor Party in relation to this. It will be a brief inquiry reporting in early May, but it will allow us to examine these bills in greater detail and for industry and small businesses to have their say. I want to thank the government for the information they have provided to me on these bills and look forward to discussing them in more detail during an inquiry process should that be set up.

Ultimately, our antidumping system needs to be improved further on the improvements we have seen in the last few years and on the improvements in this bill, but for goodness sake let's get this right. This is too important to be rammed through the parliament now. Let us get this right because tens of thousands, if not hundreds of thousands, of Australian jobs are at stake—particularly with the stress we have seen in the manufacturing sector, with the demise of original equipment manufacturers in the auto sector and the impact that will have on the auto supply chain. Potentially 100,000 jobs or more will be at risk, and of course if we see a collapse in our shipbuilding industry, if the subs are not built in South Australia, there will be huge implications for the Williamstown shipyards in Victoria and Newcastle in New South Wales. We may well lose that critical mass of shipbuilding and I do not want that to happen. That is why dumping laws are also important in the context of ensuring we have a strong manufacturing base in our nation.