Senator XENOPHON (12:20 PM) —I indicate my conditional support for the Fair Work Amendment (State Referrals and Other Measures) Bill 2009. As documented in the explanatory memorandum, this bill amends the Fair Work Act 2009 to enable states to refer workplace relations matters to the Commonwealth for the purpose of paragraph 51, subparagraph 37 of the Constitution. The bill also amends the Fair Work (Transitional Provisions and Consequential Amendments) Act to establish arrangements for employees and employers transitioning from referring state systems to the national workplace relations system.

I am conscious of the number of matters in the Senate today, and I will be as brief as I can. In recent weeks my office has been in extensive discussions with the office of Minister Gillard in relation to this bill. One of the major concerns that I have raised has been the handling of award modernisation and, particularly, the implications for the horticulture industry in South Australia—particularly in the Riverland. In response to these concerns, the Deputy Prime Minister issued a directive on 26 August this year for the AIRC to consider as special the conditions of horticulture: piece rates, the nature of picking times, casual work and working hours. This consideration process involves the AIRC taking submissions to vary the award through consultation, with the final ruling due by the end of the year. The new federal award is to commence on 1 January 2010 and this is just a short time frame for the horticultural industry to respond to the ruling and possibly to adjust its practices.

I raised these concerns with the minister and, through numerous discussions, have agreed on a statement on the details of the arrangements for the transition of the horticulture industry into the modern award framework, which the government will incorporate into Hansard. I wish to indicate that I am reassured by the government’s commitment and, with the incorporation of this text, I will support this bill.