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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-02-28 Daily Xml
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INDUSTRIAL RELATIONS COMMISSIONER

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (11:02): I move:

That, pursuant to section 34 of the Fair Work Act 1994, the nominee of this council to the panel to consult with the Minister for Industrial Relations regarding the appointment of a commissioner to the Industrial Relations Commission of South Australia be the Hon. Bernard Finnigan MLC.

This motion relates to the appointment of an additional commissioner to the Industrial Relations Commission. A panel to undertake the task is formed under section 34 of the Fair Work Act 1994. The panel consists of a representative of the Legislative Council and a representative of the House of Assembly. The member for Morphett, who is the shadow spokesperson, is the house representative. Other panel members are SA Unions, Business SA and the Commissioner for Public Employment. I am advised that the minister consults with the panel regarding the appointment, and it is proposed that the Hon. Bernard Finnigan MLC be the representative of this council.

Honourable members: Hear, hear!

The Hon. R.D. LAWSON (11:03): I support the motion that the Hon. Mr Finnigan represent the Legislative Council at this consultation process. In doing so, I should say, however, that it is a matter of some considerable surprise that consideration is now being given to the appointment of an additional commissioner, given the fact that the work of the commission has substantially diminished in recent times, especially as a result of changes to federal legislation. Although the Rudd Labor government has announced that there will be changes to the commonwealth legislation, and that the WorkChoices legislation will be repealed, there has been no indication from the new federal government that it will alter the administrative arrangements concerning the role of federally-appointed commissioners. Therefore, it is with some surprise that we note that it is proposed to make an additional appointment. That is a matter we will be pursuing.

The other matter I want to mention to the chamber (and it is a pity that the Hon. Mr Finnigan is not here at the moment) is that the Legislative Council representative should truly consult with the committee, as envisaged by the legislation. Unfortunately, under the current minister, consultation has been non-existent on these appointments. The minister comes in and says, 'I've chosen so-and-so.' It is take it or leave it. That is not consultation.

Just because the factions of the Australian Labor Party have decided to appoint a particular person to a particular position is clearly in contravention of the spirit of this legislation, which is that there be genuine consultation. I do hope that the Hon. Mr Finnigan, on behalf of the Legislative Council, will be taking an open mind to that consultation process and that he will not simply repeat what he has been told by his minister he should support.

Honourable members: Hear, hear!

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (11:06): If there are no other speakers, I will close the debate. I remind the Hon. Robert Lawson that the House of Assembly has, as I understand it, decided that the member for Morphett, a member of the Liberal Party and the shadow spokesperson, will be the house representative. I think, in the tradition of these things, that will ensure that all major parties are involved in this decision and—

An honourable member interjecting:

The Hon. P. HOLLOWAY: Yes, as they always are, as my colleague points out. Obviously, to suggest that my colleague, the Minister for Industrial Relations, has not consulted with the opposition, given that the House of Assembly has already appointed the shadow spokesperson, is, I think, stretching the truth to the limit. Again, I endorse the selection of the Hon. Bernard Finnigan.

Motion carried.

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