Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minister, Senator Abetz. Can the minister confirm that the China-Australia free trade agreement will permit temporary migrant workers to be employed on development projects worth over $150 million? Will employers be required to test whether suitable Australian workers are available before they employ Chinese workers on these projects?

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

I can confirm that any overseas worker who might come into Australia—under the Chinese free trade agreement or, indeed, any other arrangement—will need to be paid Australian market salary rates and adhere to Australia's wage conditions and employment laws. Temporary visa arrangements under the China trade agreement will be consistent with Australia's existing immigration and employment frameworks.

Senator Cameron interjecting—

Senator Cameron interjects. As his leader in the trade union movement said earlier today, it is very difficult not to sound xenophobic. Do you know why? Because it is xenophobic.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I rise on a point of order that goes to relevance. Mr President, you could ask the Leader of the Government to reflect on accusations of xenophobia; they are not worthy of this debate. I asked a very straightforward question that goes to whether employers will be required to test whether suitable Australian workers are available before they employ Chinese workers on these projects. That is the question that the minister ought to be able to answer.

Stephen Parry (President) Share this | Link to this | Hansard source

That was the second part of your question, Senator Wong.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, in fact the first part of the question is on the same point. I simply referred the minister to projects worth more than $150 million and asked him whether—

Stephen Parry (President) Share this | Link to this | Hansard source

And you asked the minister to confirm that matter; that was the first part of your question. Minister, you have one minute and seven seconds left to answer the question.

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

I indicated to the senator—but she does not seem to understand—that the existing immigration and employment frameworks will continue. If she had any understanding of what those existing immigration and employment frameworks were, she would understand that the circumstances under which the Labor government allowed workers from overseas to come into Australia will remain the same under the Chinese free trade agreement that we have just been able to negotiate. So what we have here is a Leader of the Opposition, a shadow minister for trade, who is willing to run a scare campaign completely ignorant of the regime that she was part of when she was a minister in the previous six years. Can I say to Senator Cameron, Senator Wong and the ACTU— (Time expired)

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Can the minister confirm that, under the China-Australia free trade agreement, Australia will provide 'guaranteed access to Chinese contractual service suppliers'? Will employers be required to undertake labour market testing before they are able to employ Chinese contractors under the agreement?

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

I invite Senator Wong to read what a former Australian trade minister engaged in these negotiations, Mr Crean, said. He said that he wholeheartedly welcomed the agreement. A former ACTU president no less has welcomed this agreement. Can I confirm—

Senator Wong interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Pause the clock.

Senator Wong interjecting—

Order! Senator Wong! Minister, there is a point of order. Senator Moore.

Claire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | Link to this | Hansard source

Mr President, I have a point of order that goes to direct relevance. As the minister continued speaking when I was standing, he may have been getting to it; if I have pre-empted his answer, I apologise. Nonetheless, I have a point of order that goes to direct relevance in relation to Senator Wong's question about labour market testing.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Moore, I note your comments and your point of order. I call the minister.

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

Clearly a former ACTU president has welcomed this agreement—

Stephen Parry (President) Share this | Link to this | Hansard source

Pause the clock. Senator Wong.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I think every senator—

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

Do you have a point of order or are you just having a chat?

Stephen Parry (President) Share this | Link to this | Hansard source

Order on my right!

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I rise on a point of order that goes to relevance.

Senator Ian Macdonald interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order, Senator Macdonald!

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Thank you, Mr President. I think senators are entitled to have ministers at least be relevant to the question. What I would say to you, Mr President, is that I have asked a very simple question: will employers be required to undertake labour market testing before they are able to employ Chinese contractors under the FTA? I would ask you, Mr President, as President of the Senate, to remind the minister of the question.

Honourable senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order on my left and my right!

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

Mr President, I rise on a point of order. I want to do what the Leader of the Opposition did. I just want to stand up and have a bit of a chat, without raising a point of order, as the Leader of the Opposition did.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Macdonald, Senator Wong did raise a point of order on relevance. I call the minister.

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

Mr President, as the Leader of the Opposition well knows, the investment facilitation arrangement—

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

That is not what I am asking about.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Wong, cease interjecting.

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

Mr President, if I could get out more than half a sentence at any time it would be of some benefit.

Honourable senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order! Pause the clock. Order on both sides!

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

As Senator Wong well knows or should know as the shadow minister for trade, under our arrangements employers will be expected to demonstrate an ongoing labour market need before being able to sponsor overseas workers. (Time expired)

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Can the minister confirm that the China-Australia Free Trade Agreement includes an investor state dispute mechanism which will allow Chinese investors, including state-owned enterprises, to take action against the Australian government. Could future changes to the renewable energy target or carbon farming schemes give rise to liabilities under this dispute mechanism?

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

The ISDS to which the senator refers is a provision in free trade agreements that I think have now been part and parcel—and I stand corrected—in about 20-plus arrangements, including ones that the former Labor government negotiated. So this is a classic case of Labor does something, it is perfect; if the coalition does something, by definition it must be wrong. This is the sort of immature and very un-Australian approach that Senator Wong is taking to these free trade agreements.

Claire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | Link to this | Hansard source

Mr President, my point of order is on direct relevance. Perfect or not, the question was around the impact of renewable energy targets or carbon farming schemes under the new arrangement. That was the question. Could I ask that the minister be reminded of the question.

Stephen Parry (President) Share this | Link to this | Hansard source

Again, the question contained two elements. The first element was asking for confirmation. I cannot be across all the technical detail in every answer, but the minister has been answering the question in relation to the question that was asked. If the detail is incorrect in the minister's response, that is not an issue for me to arbitrate. The minister has been directly relevant. The minister has the call.

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

Yet again, the Labor Party are very sensitive to be reminded that these ISDS provisions are common in these agreements—agreements to which the Australian Labor Party themselves signed up the Australian nation. We agreed with that approach. Now that we do it, the Labor Party cannot reciprocate. (Time expired)