Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

Senator Cameron, I think it is going to be a very long evening. You and I are going to ultimately have to agree to disagree on probably everything that you have just stated. In relation to examples of clauses constraining CFA decision-making, I take you to the majority report of the Senate Education and Employment Legislation Committee. Of course, you sat on the inquiry. Attachment 6 at appendix 3 outlines, once again, a number of clauses where concerns are raised.

I go back to basics. Again, Senator Cameron, you need to look at why the issue has arisen and what a very small amendment will do to ensure the issue is resolved. I go back to: what is an enterprise agreement? An enterprise agreement is an agreement which governs the terms and conditions of employees that are covered by that agreement. There is no dispute in relation to that. The volunteer firefighters have always said that, in relation to the pay and conditions of the paid firefighters, they have no issue at all. There are, however, clauses in the agreement which do seek to expand the reach of the agreement beyond the employees, the paid firefighters, to which the agreement applies, to basically volunteer arrangements, and that of course is beyond what is contemplated by the Fair Work Act.

What you have here is a state government that is utilising federal legislation to override its obligations under its own state act—the CFA Act. All this amendment does—it is a very simple amendment—is amend the definition of an unlawful term to include an objectionable emergency management term. In relation to the terms in the agreement which the volunteers have concerns with, if they are found by the Fair Work Commission—because it is ultimately the Fair Work Commission that is the umpire in this case—to be objectionable management terms, the Fair Work Commission is unable to approve the agreement whilst those terms remain in the agreement.

Senator Cameron, I am happy to go through with you again the clauses that are of concern to the volunteers. As I said, you sat on the committee and you have seen the majority report in relation to examples of clauses constraining CFA decision making. We have gone through the letter to James Merlino from the MFB, which clearly sets out the concerns that they have in relation to, in particular, the consultation clause.