Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

My question is to the minister representing the Minister for Employment and Workplace Relations, Senator Arbib. I refer to the government's bill to abolish the Australian Building and Construction Commission that has received a late, last minute, Greens inspired government amendment. Given the police, ASIC and the Fair Work Ombudsman all have the power to investigate and proceed with charges or fines, regardless of whether parties in dispute have settled or made a sweetheart deal, can the minister name any agency or enforcement body other than Labor's new building and construction industry inspectorate that cannot investigate and bring charges in relation to matters that have been settled between the parties? I ask the minister: why should Labor's new inspectorate be curtailed in its investigative and its enforcement powers in such an unprecedented way?

Mark Arbib (NSW, Australian Labor Party, Minister for Sport) Share this | Link to this | Hansard source

I thank Senator Back for the question and for his interest in industrial relations. I am very happy to answer this because the Labor Party is a party that has stood up for workers time and time again. We are the party that abolished Work Choices. We are the party that abolished AWAs. We made a commitment to the Australian people that we would abolish the ABCC and set up a part of Fair Work Australia to undertake those activities. We have kept our commitment to the Australian people. It will be a tough cop on the beat and will be focused on the sector as a whole. It will be a tough cop on the beat but, at the same time, it will enshrine rights for workers.

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

A point of order on relevance, Mr President. It was not a rant. The question simply was: can the minister name any agency or enforcement body other than the new building and construction industry inspectorate that cannot investigate? He has got nowhere near trying to answer the question.

John Hogg (President) Share this | Link to this | Hansard source

There is no point of order at this stage. I am listening to the minister's answer.

Mark Arbib (NSW, Australian Labor Party, Minister for Sport) Share this | Link to this | Hansard source

The question was broader than what Senator Back has just outlined. The government has kept its commitment to the Australian people and to workers by announcing this new body. As Senator McEwen said, we believe in fairness for Australian workers and fairness for workers in the construction industry.

Honourable senators interjecting—

John Hogg (President) Share this | Link to this | Hansard source

Order!

Mark Arbib (NSW, Australian Labor Party, Minister for Sport) Share this | Link to this | Hansard source

We have taken the concerns of employers seriously. They have been factored into the considerations and the consultation undertaken by Minister Shorten. We stand by the new body and believe the new body has the powers necessary to undertake the job to provide a tough cop on the beat and, at the same time, look at broader breaches that take place inside the industry. (Time expired)

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Won't the government's amendment, which neuters the powers of the inspectorate, simply permit intimidation and payoffs in return for immunity from the law? What does the minister say to individual workers and contractors, who will be worse off in disputes between big business or big unions?

Mark Arbib (NSW, Australian Labor Party, Minister for Sport) Share this | Link to this | Hansard source

From Senator Back's second question, his motivation has become clear. This is just another Liberal attempt to go back to their glory days of Work Choices, the glory days when workers' rights were stripped away. You hate this because you know you lost an election on it, but this is the case: the Liberal Party will always stand with the big bosses over the workers. You stripped away the penalty rates of workers, you stripped away the protections of workers, you put in place AWA contracts to drive down wages and, the truth is, you want to go back to the old days because, in the end, that is all you know. Senator Sinodinos, come on down and join the front bench because you were part of it. You were one of the architects of Work Choices. You were one of the people who came up with this policy which was repudiated by the Australian people. We are very proud— (Time expired)

Honourable Senators:

Honourable senators interjecting—

John Hogg (President) Share this | Link to this | Hansard source

Order! Senator Back, you are entitled to be heard when there is silence on both sides. You are getting as much interference from your side as from the other side, which is not fair for the questioner.

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

Mr President I ask a further supplementary question. Given the Senate committee inquiry into this bill was finalised prior to the government's last-minute amendment, will the government now agree to the committee investigating the impact of these last-minute changes?

Mark Arbib (NSW, Australian Labor Party, Minister for Sport) Share this | Link to this | Hansard source

(—) (): I am happy to take that on notice and seek the views of the minister. As everyone in this chamber knows, I am only representing the minister. I am very happy to put that back to him. At the same time, as I have said, we stand by the formation of the new body. We believe the new body will provide a tough cop on the beat but, at the same time, a tough cop on the beat that looks reasonably and moderately at all breaches, not just breaches by union members or workers, but also breaches by employers. We believe in an industrial relations system that is balanced and fair with unions, workers and business working together, unlike those Liberal Party and Nationals senators opposite who, in the end, move the pendulum one way—all the way over to the employers. Work Choices should never be forgotten by the Australian people. If Senator Abetz, Senator Brandis and obviously now Senator Back ever get back in, you know what they will attempt to do: bring back Work Choices. (Time expired)