Senate debates

Tuesday, 16 June 2009

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009; Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009

In Committee

9:45 pm

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

Can I assure Senator Siewert that I only get let down by people from whom I expect better. Senator Siewert’s position does not come as a matter of disappointment. Can I correct the record. Previously I indicated that the horticulture sector was in fact looking at 20 to 30 per cent increases. In fact, they are looking at the introduction of a 200 per cent Sunday penalty rate and an absurdly restricting Monday to Friday 6 am to 6 pm span of hours for packing house employees. Penalty rates of 150 per cent and 200 per cent must be paid to employees if they work outside that span of hours, even if part of the 38 ordinary hours per week. While loading on piecework rates has reduced from 20 per cent to 15 per cent, if an employer hires pieceworkers on a casual basis, they must pay both the new casual loading of 25 per cent and the piecework loading of 15 per cent. These are the real imposts that will be visited.

I say to Senator Xenophon, Senator Fielding and others in this place: what assurance have we got that the horticulture sector is going to be looked after, other than ‘the minister’s aware of it’ and ‘they are consulting’. The minister was aware of this for weeks and weeks. The consultations are still not over, yet we are expected to vote for this legislation without this amendment. Once this legislation is through, the consultations will mean nothing because the legislation will be through. I know that Senator Nick Xenophon, as is his wont, goes for second best. I do not know why he does not aim for the top. He has another second-rate amendment that I do acknowledge. And, in a cognate manner, I will indicate that if Senator Xenophon cannot bring himself to vote for ours, we will be magnanimous enough to vote for his.

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