Industrial Relations Legislation



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SpeakersSpeaker; Burney Ms Linda; O'Farrell Mr Barry
BusinessQuestions Without Notice, QWN



INDUSTRIAL RELATIONS LEGISLATION
Page: 2543

Ms LINDA BURNEY: My question is to the Premier. Why will he not table the Crown Solicitor's advice on the Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011?

Mr BARRY O'FARRELL: I will take advice on that, but I am confused by those opposite. I am sure one of the puppet masters of the Leader of the Opposition on Friday sent me a letter saying that the legislation was unconstitutional. I received the letter on Sunday but it was dated Friday and came from Jeff Lawrence, Secretary of the Australian Council of Trade Unions. If that is its advice, I say that it should take the action; but what I say to the public, an hour or so after this legislation has passed this Parliament, is that the public can now judge whether the things included in Labor's scare campaign are true or not.

The SPEAKER: Order! The member for Shellharbour will come to order.

Mr BARRY O'FARRELL: The Government has the legislation. The regulation will be produced and it will be applied in a way that reflects the statements we have made in this House.

The SPEAKER: Order! The member for Shellharbour will come to order.

Mr BARRY O'FARRELL: That is, simply to reprise the argument, public servants will be entitled to fair wage increases of 2.5 per cent. Wage increases beyond that amount will be on offer if, as in the past, unions on behalf of public sector workers enter into voluntary agreements to find productivity savings. The only difference between our policy and the policy of those opposite is the fact that instead of entering—

Mr John Robertson: You don't have a policy; you have a bill.

Mr BARRY O'FARRELL: Instead of entering into agreements—

The SPEAKER: Order! The Leader of the Opposition will come to order. I call the Leader of the Opposition to order.

Mr BARRY O'FARRELL: The only difference between our policy and the policy signed up to by the Leader of the Opposition when he was at Unions NSW is that we will expect those voluntary agreements entered into—

Mr John Robertson: Point of order: The Premier continues to allege that I have signed some document. I challenge him to table it.

The SPEAKER: Order! That is not a point of order, and the Leader of the Opposition well knows it. He will resume his seat.

Mr BARRY O'FARRELL: By that point of order is the Leader of the Opposition suggesting that he opposed the Labor Government's wages policy? Did we see protests outside this place over the past four years led by the Leader of the Opposition against that policy? Hypocrisy thy name is now John Robertson.

The SPEAKER: Order! I call the member for Shellharbour to order.

Mr BARRY O'FARRELL: The difference between our policy and the policy Labor has is that we will expect those voluntary agreements entered into that involve productivity savings, that saw increases in wages above the 2.5 per cent, to be delivered. That is how we think agreements should be honoured. We do have that Crown Solicitor's advice and from respected senior counsel Peter Kite. He has previously worked for and offered advice to a range of unions including the Public Service Association, the New South Wales Professional Officers Association and the Federated Clerks Union. Both sets of advice, from the Crown Solicitor—

Ms Linda Burney: Point of order: The convention of this House is not to mislead the House.

The SPEAKER: Order! That is a spurious point of order. The member for Canterbury will resume her seat. I call the member for Canterbury to order.

Mr BARRY O'FARRELL: If the member for Canterbury ever listens she might get the answer she wants.

Mr Michael Daley: Not in this House she won't.

The SPEAKER: Order! I call the member for Maroubra to order.

Mr BARRY O'FARRELL: I will take that under advisement, but I say in relation to the legislation that the Government has received advice not only from the Crown Solicitor but from the respected senior counsel Peter Kite. That advice is clear and confirms that the bill is valid. The Act is no less constitutionally valid than it was in 2004 when those opposite first proposed it.