Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I move:

That the Senate—

(a) notes:

(i) that in 2011, the Government passed the Work Health and Safety Bill 2011 which removed the term 'control' from the Duties of Care which changed the longstanding principle that responsibility for safety under the Act should be allocated according to what was within reasonable and practicable control,

(ii) that this principle was established in the 1972 Robens Review which recommended that responsibility for safety be allocated according to reasonable and practicable control and enshrined in the International Labor Organization Convention 155, article 16,

(iii) that the Parliamentary Secretary for School Education and Workplace Relations, Senator Collins, confirmed in the 2011 Senate debate that a principal contractor retains responsibility for all safety down the contractual line with the new person conducting a business or undertaking test,

(iv) the numerous reports of exposure to asbestos in telecommunications pits while rolling out the National Broadband Network,

(v) evidence from the Chief Executive Officer of Comcare at Senate estimates that the Commonwealth Government may be liable for these exposures under the Work Health and Safety Act 2011, and

(v) further evidence that more than half of all asbestos cases since 1996 involving telecommunications pits have occurred in the past 6 weeks;

(b) calls on the Minister for Broadband, Communications and the Digital Economy and the Minister for Employment and Workplace Relations to provide the Senate with a detailed report before 27 June 2013 on asbestos in telecommunications pits and the responsibilities of the Government, the Department of Broadband, Communications and the Digital Economy and the National Broadband Network Corporation under the Work Health and Safety Act 2011; and

(c) supports moves to protect workers by the Government and Telstra, and recognises the longstanding contribution of the trade union movement towards awareness and identification of asbestos.

Scott Ludlam (WA, Australian Greens) Share this | Link to this | Hansard source

by leave—I move an amendment to the motion:

Omit paragraphs (a) and (b), substitute:

(a) calls on the Minister for Broadband, Communications and the Digital Economy and the Minister for Employment and Workplace Relations to provide the Senate with a detailed report before 27 July 2013 on asbestos in telecommunications pits and the responsibilities of Telstra, the Government, the Department of Broadband, Communications and the Digital Economy and the National Broadband Network Corporation under the Work Health and Safety Act 2011; and

Just so that senators are aware, we support the motion Senator Abetz has brought to the chamber. We think a two-day reporting obligation is, frankly, unreasonable. We disagree with some of the contentions in the preamble. We have added the word 'Telstra' to the list of entities whereby we are seeking to establish responsibility. Other than that, I commend this amendment to the chamber.

Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Link to this | Hansard source

I seek leave to make a brief statement.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Leave is granted for one minute.

Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Link to this | Hansard source

This motion seeks to perpetuate the Liberal myth that the government is somehow liable for the incidents arising from Telstra's work on their telecommunications pits. Telstra CEO David Thodey has made it clear. He said: 'We own the infrastructure; it is our responsibility.' When Malcolm Turnbull was asked on Sky News to justify the assertion of government liability for work done by Telstra, he would not back it up. NBN Co. will, of course, have a responsibility for the safety of work that it has commissioned through contractors, but Telstra is not a contractor when it comes to the pits; it is the landlord.

Asbestos is a serious issue and it deserves a serious approach, not political game-playing. Instead of trying to politicise this issue, the coalition should work with government to ensure asbestos is always handled and disposed of safely wherever it is found. There has been no hand-washing here.

Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I seek leave to make a brief statement.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Leave is granted for one minute.

Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

In response to the parliamentary secretary, can I indicate that the parliamentary secretary herself confirmed in the Senate debate in 2011 that a principal contractor retains responsibility for all safety down the contractual line with a new person conducting a business or undertaking a test. Furthermore, evidence from the chief executive officer of Comcare at Senate estimates that the Commonwealth government may be liable for these exposures under the Work Health and Safety Act 2011. Further, there is evidence that more than half of all asbestos cases since 1996 involving telecommunications pits have occurred in the past six weeks, and that is why, reluctantly, we do agree with the Greens' amendment to ensure that this Senate does get a report.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

The question is that the amendment moved to notice of motion No. 1299 by Senator Ludlam be agreed to.

Question agreed to.

The question now is that the motion as amended be agreed to.

Question agreed to.