- Home
- Parliamentary Business
- Senators and Members
- News & Events
- About Parliament
- Visit Parliament
Permalink
Prev
Next
Return to results list (1 results)




- Title
ANSWERS TO QUESTIONS WITHOUT NOTICE
Independent Contractors
- Database
Senate Hansard
- Date
16-12-1992
- Source
Senate
- Parl No.
36
- Electorate
WA
- Interjector
Senator Crane
- Page
5181
- Party
ALP
- Presenter
- Status
- Question No.
- Questioner
- Responder
- Speaker
Senator COOK
- Stage
- Type
- Context
Miscellaneous
- System Id
chamber/hansards/1992-12-16/0100
Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Table Of Contents

Previous Fragment Next Fragment
-
Hansard
- Start of Business
-
PETITIONS
- Australian Research Fellowship
- Constitutional Monarchy
- Bender's Quarry
- ABC: Asia
- Oath/Affirmation of Allegiance
- Trade Practices Act
- Regulation of Video Material Bill 1992
- Veterans' Entitlement Amendment Bill 1992
- Procedural Text
-
NOTICES OF MOTION
-
Hours of Meeting and Routine of Business
- Withdrawal
- Australian Broadcasting Corporation Amendment Bill 1992
- Crimes (Search Warrants and Powers of Arrest) Amendment Bill 1992
- Telecommunications (Interception) Amendment Bill 1992
- Administrative Appeals Tribunal Amendment Bill 1992
- Railways Strike
- Legal Aid
- Burma
- Standing Committee on Industry, Science and Technology
- Legal Aid
- Standing Committee on Environment, Recreation and the Arts
- Unemployment: Graduates
- Iraq
- Standing Committee on Environment, Recreation and the Arts
- Tully-Millstream Hydro-electric Scheme
-
General Business
- Withdrawal
-
Hours of Meeting and Routine of Business
- ORDER OF BUSINESS
-
COMMITTEES
- Standing Committee on Finance and Public Administration
- TABLING OF DOCUMENTS
- REGISTERED PUBLICATIONS SERVICE
-
COMMITTEES
- Standing Committee on Legal and Constitutional Affairs
- Standing Committee on Foreign Affairs, Defence and Trade
-
Standing Committee on Employment, Education and Training
- Report
- Standing Committee on Industry, Science and Technology
-
TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT BILL (No. 3) 1992
-
In Committee
- Senator COLLINS
- Senator PARER
- Senator COLLINS
- Senator PARER
- Senator BOURNE
- Senator COLLINS
- Senator COLLINS
- Senator ALSTON
- Senator ALSTON
- Senator COLLINS
- Senator BOURNE
- Senator HARRADINE
- Senator COLLINS
- Senator WALTERS
- Senator COLLINS
- Senator WALTERS
- Senator COLLINS
- Senator HARRADINE, Senator WALTERS
- Senator COLLINS
- Senator WALTERS
- Senator COLLINS
-
In Committee
- ORDER OF BUSINESS
- HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT BILL (No. 3) 1992 HOUSING ASSISTANCE AMENDMENT BILL 1992
-
AUSTRALIAN NATIONAL TRAINING AUTHORITY BILL 1992
- In Committee
- Third Reading
- ORDER OF BUSINESS
- IMPORTED FOOD CONTROL BILL 1992
-
QUESTIONS WITHOUT NOTICE
-
Economy
(Senator SHORT, Senator BUTTON) -
Manufacturing
(Senator DEVEREUX, Senator BUTTON) -
Victoria: Borrowings
(Senator ALSTON, Senator BUTTON) -
Industrial Relations
(Senator FOREMAN, Senator COOK) -
Nuclear Reactors
(Senator SOWADA, Senator BUTTON) -
Mobile Telecommunications Services
(Senator SCHACHT, Senator COLLINS) -
Prime Minister: Companies
(Senator MICHAEL BAUME, Senator TATE) -
Textiles, Clothing and Footwear Industries
(Senator LOOSLEY, Senator BUTTON) -
Ambassador to the OECD
(Senator BISHOP, Senator GARETH EVANS) -
Telecom Australia
(Senator SPINDLER, Senator COLLINS) -
Pigs
(Senator O'CHEE, Senator GARETH EVANS) -
Hospitals: Veterans
(Senator WEST, Senator TATE)
-
Economy
- DISTINGUISHED VISITORS
- QUESTIONS WITHOUT NOTICE
-
ANSWERS TO QUESTIONS WITHOUT NOTICE
- Film Industry
- Ambassador to the OECD
- Independent Contractors
- Prime Minister: Companies
-
MINISTERIAL STATEMENTS
- Australian Advanced Air Traffic System
-
COMMITTEES
-
Standing Committee on Environment, Recreation and the Arts
- Report
-
Joint Committee on Foreign Affairs, Defence and Trade
- Report: Government Response
- Standing Committee on Legal and Constitutional Affairs
-
Standing Committee on Environment, Recreation and the Arts
- ORDER OF BUSINESS
-
DOCUMENTS Department of the Parliamentary Reporting Staff Department of the Parliamentary Library
- Auditor-General's Reports
-
COMMITTEES
-
Scrutiny of Bills
- Report
- Foreign Affairs, Defence and Trade
-
Public Works
- Reports
-
Scrutiny of Bills
- JOINT HOUSE DEPARTMENT: PUBLIC LIABILITY CLAIM
- ORDER OF BUSINESS
-
COMMITTEES
-
Public Works
- Reports
-
Standing Committee on Regulations and Ordinances
- Scrutiny of Regulations
-
Public Works
- TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT BILL (No. 3) 1992
- DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) AMENDMENT BILL 1992 VETERANS' AFFAIRS LEGISLATION AMENDMENT BILL (No. 2) 1992 VETERANS' ENTITLEMENTS AMENDMENT BILL 1992 SOCIAL SECURITY LEGISLATION AMENDMENT BILL (No. 2) 1992 SOCIAL SECURITY LEGISLATION AMENDMENT BILL (No. 3) 1992
- ADJOURNMENT
- DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) AMENDMENT BILL 1992 VETERANS' AFFAIRS LEGISLATION AMENDMENT BILL (No. 2) 1992 VETERANS' ENTITLEMENTS AMENDMENT BILL 1992 SOCIAL SECURITY LEGISLATION AMENDMENT BILL (No. 2) 1992 SOCIAL SECURITY LEGISLATION AMENDMENT BILL (No. 3) 1992
-
ADJOURNMENT
- Primary Production
- DOCUMENTS
-
ANSWERS TO QUESTIONS
-
Taxation: Imputation Credit Scheme
(Senator Maguire, Senator Button) -
Taxation: Dividend Imputation Credits
(Senator Watson, Senator Button) -
Currency and Coinage
(Senator Watson, Senator Button) -
Treasury: Staff
(Senator Archer, Senator Button) -
Aboriginal Medical Service
(Senator Campbell, Senator Collins) -
Information Technology
(Senator Parer, Senator Button) -
Wet Tropics Management Authority: Great Barrier Reef Marine Park Authority
(Senator O'Chee, Senator Collins) -
Superannuation
(Senator Watson, Senator Button) -
Immigration: Return of Chinese Citizens
(Senator O'Chee, Senator Tate) -
ACT AIDS Action Council
(Senator Reid, Senator Button) -
Navy: Vessel Repairs
(Senator O'Chee, Senator Robert Ray)
-
Taxation: Imputation Credit Scheme
Content Window
Wednesday, 16 December 1992
Page: 5181
Page: 5181
Senator COOK (Minister for Industrial Relations and Minister for Shipping and Aviation Support) (3.20 p.m.)
—Mr Acting Deputy President, I am flabbergasted. Try as I may to educate Senator Crane in what the Act really means, I find that he either is unable to understand a simple proposition or deliberately avoids understanding it. He put a proposition to me in a question; I responded by making an assertion that it was untrue and produced evidence to prove I was right. What has Senator Crane done? He has said I am wrong, and his way of establishing that is simply by asserting, and not proving a damn thing. In terms of the scales of logic here, I win, he loses; that is the outcome.
But let us go to some of the other facts that I did not have time to cover in a three-minute answer. Senator Crane has said—and I think I have him down correctly as a quote—`The evidence is absolutely clear that it is bringing these people into the award', or words to that effect. The evidence is not absolutely clear at all. There is no evidence to support that proposition because the claim that has been referred to was a log of claims on 23 July, as the Master Builders Association says, of its rival employer organisation, the HIA, before this legislation was in force. The log of claims of 23 July sought to cover exclusively conditions with employees. Read the log of claims. It refers to employees; it does not refer to contractors.
Senator Crane
—Refer to 2(b).
Senator COOK
—It does not refer to contractors; it refers to employees. It is what the technicians of industrial relations appearing before the Commission call, and in the parlance of arbitration is known as, `a roping-in application'. These are potential respondents to a Federal award who are not at the moment respondents, who are served by a claim to enable an arbitrator to decide, if the point is contested, whether or not they ought to be covered by an award. So there is no irrefutable evidence here of anything at all, except that in the view of this particular union those particular employers ought to be covered by an award in so far as their employees are concerned. It has nothing to do with their contractors, if they have any, but only with their employees.
It may be a union view that the employees of this company are entitled to be covered by an award, and that view may be right. But it has not been tested yet. The obvious response of the employers, if they disagree, will be to contest. It will go to arbitration and go through a process of hearing and determination to find out what is right. If the Commission errs at law, it will go through the courts system on appeal to make the law right.
Senator Crane has no evidence whatsoever to support his contention, which leads me to the next consideration: why in the absence of any evidence does he persist in making the assertions he does? One can be charitable and say he is mistaken—this is Thursday of the last week of sitting—
Opposition Senators—Wednesday!
Senator COOK
—But because there is a pattern here, it would be unreasonable to say that he is simply mistaken. He wants to make a political point; he wants to smear these unions; he wants to kick the anti-union can; and he wants to try to score a few brownie points for himself in the National Farmers Federation or wherever else he thinks his constituency is. I say to Senator Crane: `Well, go for it, that's your right; but don't ever pretend that it's true, because it ain't'.