Rex Patrick (SA, Centre Alliance) Share this | Link to this | Hansard source

I move:

(1) Clause 2, page 2 (cell at table item 2, column 2), omit the cell, substitute:

[commencement]

The objective of this amendment is to prevent the enabling legislation commencing until bilateral side letters have been exchanged between Australia and each other party to the agreement, agreeing, firstly, that chapter 9 of the agreement, which deals with investor-state disputes, does not apply in relation to an investment in Australia, and, secondly, that labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other party. Centre Alliance is of the view that these issues need to be addressed before the TPP comes into force, not after.

I urge Labor to support this amendment. After all, it's your policy. Your private member's bill is a fraud to your union colleagues and your constituents. It will go nowhere. You arrogantly presume that you will be successful at the next election. Even if you are, it is unlikely that you will change the agreement ex post facto. You will talk about it. You'll be captured by the bureaucrats. They will tell you that it's not possible, and it simply won't happen.

If you are not successful at the next election you will almost certainly regret not supporting Centre Alliance's amendments tonight. As the saying goes: never put off to tomorrow what you can do today. In the event that Labor, as a party, does not support Centre Alliance's amendments I invite Labor senators to cross the floor in support of their own conviction. You can do so with the safety that you will be protected by the fact that you are supporting the Labor Party national platform. I urge you to support this amendment.

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

I hate to disappoint you, Senator Patrick, but Labor will not support this amendment, because it is not in the national interest. Senator Patrick apparently has not done his homework, as I have found is so often the case. If he had, he would know that he risks jobs and opportunities by doing what he proposes. This amendment is an irresponsible stunt. I will repeat that: this amendment is an irresponsible stunt.

By being part of the first six countries who ratify this agreement Australian industry stands to benefit from the immediate tariff eliminations: firstly, on Australian iron and steel products and aluminium exported to Canada; secondly, on Australian sheepmeat exports to nine countries; thirdly, on raw wool; fourthly, on Mexico's 20 per cent pork tariff; fifthly, on cotton; and, sixthly, and not insignificantly to your own state, Senator Patrick, on Australian wine, seafood, horticulture, cereal and grains to Canada—

Senator Birmingham interjecting—

Thank you, Senator Birmingham, I need that assistance. Senator Patrick risk gains for the South Australian wine industry, something I know a little bit about—

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

Shame!

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

Yes, it is shameful, Senator Birmingham. You're dead right there. He may not want to defend South Australia's world-class winemakers but Labor wants to see them keep their competitive edge against New Zealand. We produce much better wine than New Zealand and we want to keep our competitive edge. It's better wine at a better price and we want to keep that advantage. But if this amendment is allowed to be passed we would lose. We would lose that edge, because New Zealand could benefit from tariff reductions that Australia would not. All our exports would miss out on an initial round of tariff cuts.

For the Japanese markets our exporters would miss a second tariff cut on 1 April 2019. That would give Canada and New Zealand an 11 per cent tariff cut on beef, making their rate lower than Australia's and hurting our beef producers. Our cheddar cheese producers would lose out to New Zealand, who would have a tariff rate four per cent lower than Australia's. Canadian wheat growers would be able to export more than 40,000 tonnes of wheat to Japan and Australian farmers would get no additional quota. That's not fair and it's not in our national interest.

Labor will not allow an opportunistic stunt to cost exporters and reduce our opportunities to grow industry. Labor will not support this stunt. It's not in the national interest to weaken Australia's bargaining position in negotiations with other countries. It's not in our interests—

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

What about the workers?

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

Yes. We're looking after the workers. Something that you would know nothing about. You've never looked after a worker in your life. This is the—

Kimberley Kitching (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Senator Farrell and Senator Whish-Wilson, perhaps through the chair.

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

Thank you for that protection, Madam Chair. It's not in the national interest to weaken Australia's bargaining position in negotiations with other countries. It's not in the national interest to threaten certainty for business. And it's certainly not in the national interest to threaten the jobs of steelworkers, people working in the South Australian wine industry or the livelihoods of farmers, all of whom would benefit from this agreement. That is precisely what this amendment would do. It would weaken Australia's bargaining position, threaten certainty and threaten jobs. That's what—

Rex Patrick (SA, Centre Alliance) Share this | Link to this | Hansard source

You don't really think that.

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

Yes, I do. I wholeheartedly support this legislation and I wholeheartedly reject your amendment. That's why Labor will not vote for it. It would prevent a trade minister in a Shorten Labor government, which one day we hope to achieve, from achieving the outcomes Centre Alliance says it wants to see: the removal of the ISDS and the reinstatement of labour market testing. Senator Patrick would impose an artificial deadline on negotiations with six countries. Perversely, Senator Patrick would give countries an incentive to walk away from the bargaining table. Countries that want access to the gains that Australia has made for our farmers, our manufacturers, our universities and our steel producers would use Senator Patrick's artificial deadline to push Australia out of the CPTPP so they can get those gains for themselves. He would see Australia weakened. He would see gains lost and jobs threatened. A future Shorten Labor government would take these gains and increase protections for Australian workers.

The shameful part of the Centre Alliance's stunt is that they would pretend to be a friend of the workers. Centre Alliance is committing a fraud against Australian workers.

Senator Hanson-Young interjecting—

You can laugh! But, when the Liberal government works to destroy the movement that is there to protect the workers, the Centre Alliance stands shoulder to shoulder with them. They are voting—

Rex Patrick (SA, Centre Alliance) Share this | Link to this | Hansard source

It's your policy.

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

Yes, I know you don't like this, Senator Patrick. The Centre Alliance voted to allow the Australian Building and Construction Commission and voted to allow the Registered Organisations Commission. How did that protect Australian workers? I ask you that, Senator Patrick. The Centre Alliance are fairweather friends of workers at best. Australian workers cannot trust them. When the Centre Alliance have the opportunity to stand up for workers' rights, they do exactly the opposite. I know you're agreeing with me, Senator Hanson-Young! Senator Patrick's pretence otherwise is tantamount to the committing of fraud against Australian workers. This is nothing more than an opportunistic stunt that will see Australia weakened and will threaten jobs. Labor will not support it.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I rise to add the Greens' support to this amendment, but I wanted to put a few things on the record first. I will start off with pointing out what has just happened in this place: we have just had a vote on legislation to implement the TPP and, if it weren't for the Labor Party rolling over and selling out Australian workers, it would have been knocked off and would be dead and buried tonight. There were enough members on the crossbench who voted against the second reading vote, but we saw the Labor opposition cross the floor and cuddle up to the Morrison government. They were led by Senator Farrell, who has just spent the last 10 minutes trying to pretend that somehow he's still got some reputation for looking after the workers.

Of course, we know what is going on with this TPP. It is fundamentally undermining the rights of Australian workers right across the country and across professions. It is undermining rights across a number of different trades and industries. We have the Labor Party's supporting unions out begging them not to do this and not to support this legislation. But because of the sheer arrogance of the Labor Party in 2018, who think they are just going to roll on into government, they've said, 'Oh, well. It doesn't matter. Wink-wink, nudge-nudge—we'll try to fix it up later,' although they know that they can't.

No labour market testing is required in the TPP, despite the fact that six countries can bring unlimited numbers of foreign workers into Australia without even checking whether there is an Australian who could do the job. We know that there's very limited protection for those foreign workers, so they're going to be exploited. We know that will push down the conditions of Australian workers. We know that because we've seen it happen. The Labor Party knows that this happens because it is their own supporters and members within the union movement who have been pointing this out, over and over again. It has happened over and over again. Take the China–Australia Free Trade Agreement. Look at the construction industry. The electricians in this country are crying out for proper support from the Labor Party, and they're getting nothing. They get absolutely nothing. They get thrown under the bus by Senator Farrell, thrown under the bus by Mr Shorten—thrown under the bus by the Labor Party.

At least this amendment put forward today by Senator Patrick says that, at the very least, the Labor Party could do something that is—apparently—in their national platform, that is their policy. But we've just heard Senator Farrell say, 'It's not in the national interest.' What on earth is it doing in your national platform? What on earth is it doing in your platform if you think it's not in the national interest? You're talking out both sides of your mouth and you're caught out for it. Absolute, sheer hypocrisy!

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

It's better than talking out of other things!

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I'll take that interjection, Minister. Not only are people talking out both sides of their mouths, but there's a lot of hot air going around in this place. Senator Farrell has stood here and pretended that he's doing this in the interests of Australian workers. Well, we know that is just not the case.

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

South Australian workers!

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

No, that is not the case; Senator Farrell, I'll take that interjection.

Kimberley Kitching (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Senator Hanson-Young, through the chair.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Sorry, Chair. If South Australian workers have to rely on the work and the dedication and the support of Senator Farrell, God help them, because they've just been thrown under the bus—by Senator Farrell and by the Labor Party. Just like Senator Farrell didn't really stand up for workers in the retail industry and just like Senator Farrell continues to always look after his factional mates rather than the workers, he's now pretending that somehow, by voting in this chamber tonight with the Morrison government to introduce the TPP—to tick and flick it through—this is going to be in the interests of Australian workers. No-one's buying it.

This is a message to all workers across this country and all union members: don't listen to the guff coming out of the Labor Party on this issue. They know they're doing the wrong thing. That's why they didn't put up many speakers tonight. That's why we've got members of their own bench too embarrassed to be in here and to participate in this debate—because they know that the Labor Party have taken the wrong position. They're doing the work of big business, they're not doing the work of defending Australian workers. And they're certainly not doing things in the best interests of the Australian people. In this TPP deal, this dodgy deal, which has been negotiated by Senator Birmingham's colleague the former minister for trade, Mr Ciobo, and the Morrison government, Labor are selling out Australians, because they're undermining the very sovereignty of this parliament. They're undermining their own ability to regulate and implement laws in the best interests of the Australian people. They're doing the bidding of big business and big corporations.

Progress reported.