Legislative Council: Thursday, March 01, 2012

Contents

PUBLIC SERVICE, FAIR WORK PRINCIPLES

The Hon. R.L. BROKENSHIRE (14:51): I seek leave to make a brief explanation before asking the Minister for Industrial Relations a question about fair work principles in the Public Service.

Leave granted.

The Hon. R.L. BROKENSHIRE: I note the minister's passion about fair work principles from his answer to my question yesterday and his determination to see the passage of the Work Health and Safety Bill. I also recall the former premier proudly proclaimed that he had singlehandedly saved the workers in the South Australian Public Service from the injustices of WorkChoices by preventing IR powers from commonwealth takeover.

My constituents allege that the public sector workers have at times been pushed out of their jobs using the excuse of mental health provisions within the Public Sector Act 2009. That act was a bill of this parliament promoted to the public as a bill to give power to departmental chiefs to 'hire and fire' staff. For instance, on page 7 of The Advertiser, an article by Mr Greg Kelton described them as 'radical changes' and the 'biggest shake-up of the state's public sector in 20 years'.

The proponent of that bill, I note, was the former minister assisting the Premier in cabinet business and public sector management (now Premier), the Hon. Jay Weatherill MP. My question is: does the minister believe section 56 of the Public Sector Act 2009 contains enough safeguards to ensure it is not abused by departmental chiefs or his/her nominees to push alienated workers out of work via mental health grounds?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:53): I thank the member for his question. You do cover some quite important issues, and some of them could be quite complex. It is not a matter of just looking and quoting a section of the act. I want to check with the Public Sector Workforce Relations. I want to discuss this issue in detail and get back to you with an answer.