George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

The coalition supports the Coal Mining Industry (Long Service Leave Funding) Amendment Bill 2009. The bill will, with its passage through both houses, ensure that the existing sector specific long service leave arrangements for the coalmining industry can continue beyond 1 January 2010. Currently the sector specific long service leave provisions to which this bill relates are contained in industry specific awards. These awards require the payment of a levy to the relevant fund by an employer from which the employer may seek reimbursement where they have made a payment of long service leave to an eligible employee. The bill is necessary as Labor’s system of so-called ‘modern awards’ will apply from 1 January 2010. These awards do not a contain provision for long service leave.

It is the understanding of the coalition that the government intends that long service leave will become one of its National Employment Standards. We are concerned that, if the government seeks to standardise long service leave provisions across the country, it will result in a situation akin to the intentions and the promises made by Labor with respect to the bungled and botched modern award process. To this end, we call for the government to make it clear to Australian workplaces exactly what its intentions are with respect to the standardisation of long service leave. That said, I note that the bill continues the existing scheme applicable in the coalmining industry for workers and employers.

Had this bill not received the support of the coalition, it would have resulted in the situation that, from 1 January 2010, employers and employees may not have been covered by an appropriate system of long service leave regulation. It is likely that they would have had to revert back to their relevant state systems. The coalition is therefore pleased that the bill is the result of a discussion between industry representatives, being the Minerals Council and relevant mining unions. The coalition is also pleased that other stakeholders potentially affected by this legislation, including the Australian Mines and Metals Association and the Australian Industry Group, have not indicated that they hold any concerns about the bill. We believe it to be necessary. Accordingly, as I have indicated, it has the coalition’s support.

Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Link to this | Hansard source

I thank Senator Brandis for his contribution and commend the Coal Mining Industry (Long Service Leave Funding) Amendment Bill 2009 to the Senate.

Question agreed to.

Bill read a second time.