House of Assembly: Thursday, June 18, 2009

Contents

INDUSTRIAL RELATIONS

Mr PICCOLO (Light) (14:49): My question for the Minister for Industrial Relations concerns South Australia's involvement in the national system of industrial relations. What benefits does the government believe will accrue from South Australia's participation in the national system of workplace laws for the private sector?

The Hon. P. CAICA (Colton—Minister for Agriculture, Food and Fisheries, Minister for Industrial Relations, Minister for Forests, Minister for Regional Development) (14:49): I thank the honourable member for his question. Unless otherwise preoccupied, most members would be aware of the recent announcement by the South Australian government of its intention to formally participate in a single national system of industrial relations for the private sector. This position was confirmed at the Workplace Relations Ministerial Council meeting held last Thursday in Sydney, where the Deputy Prime Minister (Hon. Julia Gillard) acknowledged South Australia's leadership throughout this very complex process.

Ever since Federation there have been numerous attempts to achieve a national system of workplace laws in the hope that a simpler, fairer, more accessible and more unified system could be created to better serve the needs of both employers and employees. The announcement of last week is a big step in that direction for our state.

South Australia brought considerable expertise to these discussions and was able to lead, influence and shape the policy framework to better cater for the requirements of employers and workers in our state. In particular, I commend SafeWork SA for its commitment and leadership in advancing this important work.

At the local level, the key industrial players, including those on the Industrial Relations Advisory Committee, were kept informed of the developments and were provided with opportunities that helped shape the outcome of the negotiations with the commonwealth and other jurisdictions. Both employer and employee representatives were consistent in their support for South Australia's participating in a national system of industrial relations for the private sector.

Our state's partnership with the commonwealth government in the new national system will include the retention of a cost efficient, dedicated and resourced local service delivery infrastructure that recognises the needs of regional South Australians. The final detailed arrangements will be contained in a bilateral agreement between South Australia and the commonwealth and a contract between the relevant South Australian and commonwealth compliance agencies. South Australia will participate in the national system through a text-based referral of powers coupled with an amendment referral that will limit the capacity of the commonwealth government to change the fundamental elements of the system in the future.

The public sector and local government sector will be excluded from the national system with a state system of industrial relations being retained to regulate employment in those sectors and to administer continuing state laws such as occupational health and safety, long service leave, training arrangements and outworkers. This approach will provide the legal certainty to the South Australian community that has been lacking since the Howard government's WorkChoices amendments in 2006. It will also provide the private sector employers and employees with one simple system of regulation.

The approach taken by the South Australian government to participate in a national industrial relations system will ensure that future state governments can maintain a capacity to play a constructive role in supporting local employers and employees. I have just been advised that the necessary legislation has been passed by the federal parliament today.