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Thursday, 21 November 1996
Page: 7265


Mr CHARLES —My question is directed to the Minister for Industrial Relations. Is the minister aware of comments reported today in the Australian Financial Review that the government's changes to the functions of the Australian Industrial Relations Commission have altered the focus of that tribunal for the better? Can the minister confirm for the benefit of the House the substance of Justice Kirby's observations on the government's new industrial relations scheme?


Mr REITH —I thank the member for La Trobe for his question. Some very interesting remarks from Mr Justice Kirby are reported in the Australian Financial Review . On the basis of that report, I believe he is correct in his observations that under the government's reforms the commission has a crucial role to play in protecting vulnerable workers. Whilst the commission's role will be different, its status and involvement will certainly be integral to the effective functioning of the new system. I am very pleased to be able to join with the Treasurer today as he announces the passage of the legislation which gives people a big tax cut from 1 January.

I am also pleased to say that this morning the Workplace Relations and Other Legislation Amendment Bill went through the lower house, completed its passage in the parliament, to give Australia a new industrial relations system from 1 January.


Mr Costello —Oh, a great New Year's Day.


Mr Reith —It will be a great New Year's Day, as the Treasurer says. It means that we have modernised the role of the commission and in some respects its role will be enhanced.

For example, in relation to the unfair dismissal law, applications will go to the commission. Its dispute settlement role will be emphasised. Its role in the maintenance of the award safety net is to be reinforced. It has an important job there. In respect of certified agreements, it will also administer the no disadvantage test. It will assess proposed Australian workplace agreements referred from the Employment Advocate where approval against the no disadvantage test is considered to be doubtful.

It will also have a continuing role to make orders to ensure equal remuneration. It will prepare a report on junior wage rates, which will be very important in the debate about junior wage rates. It will handle revised arrangements for assessing proposals for federal award coverage, the registration of new unions and altered coverage of existing unions. It will also supervise the award simplification process, which is very important. What that really means is that, in a practical legislative sense, our policy now is there for all to see.


Mr Melham —Is this your pitch for Foreign Minister?


Mr SPEAKER —The honourable member for Banks!


Mr REITH —We are going forward and implementing that policy. While the focus has been on the government's package, no-one should let escape the fact that, whilst we were putting down our policy for industrial relations, the Labor Party was having its policy dictated to it by the ACTU as it was putting down it policy.

What we now know—and it may seem a long way off but it should not be forgotten—is that, when we get to the next election, the only party that can upset the continuing implementation of the genuine reform that we have commenced, the only party that can put an alternative, is the Labor Party. I will tell you what their alternative is, because they have been moving these amendments. Their alternative policy for the next election is to scrap sections 45D and E of the Trade Practices Act to give their mates in the trade union movement a privileged position. You won't believe it, but their policy now is also to bring back Laurie Brereton's unfair dismissal law. It makes you the laughing stock of Australian politics for this to be your position. You have moved those amendments in the upper house.

You are opposed to award simplification, so that means you want awards to be more prescriptive than ever. You want to tie up business with red tape in a way they have never been tied before and from which we are unshackling them in this legislation. You want to put a cap on damages for your mates in the trade union movement—another classic immunity for your mates in the trade union movement. You would destroy the jobs of young people by abolishing junior wage rates. Finally, we were fascinated that, at the behest of your trade union mates, in the Senate you opposed our disamalgamation provisions—that I can understand—and you then opposed altogether any prospect of disamalgamation for any unionists. That can only mean, of course, that if you are ever re-elected you would give the green light again to the super union process which has been a complete failure for rank and file trade unionists.

This act says a lot about our policy but it also gives people a very clear idea of Labor's industrial relations policy. We will be very happy to remind you of it all the way to the next election.