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senate vote 2018-10-16#9
Edited by
mackay staff
on
2019-02-01 10:13:37
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Title
Bills — Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018, Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018; in Committee- Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 - in Committee - Commencement
Description
<p class="speaker">Rex Patrick</p><p>I want to make some remarks in relation to some of the debate last night on my amendment. First of all, I want to correct the record where Senator Hanson-Young made some remarks in respect of the second reading vote. She said, 'We saw the Labor opposition cross the floor and cuddle up to the Morrison government.' I want to make sure it's on the record that not all of the Labor Party crossed the floor. You weren't quite correct there, Senator Hanson-Young. There were some Labor members missing: Senator Brown, Senator Cameron, Senator Carr, Senator Chisolm, Senator Marshall, Senator McCarthy, Senator Sterle and Senator Urquhart. I know a number of those are simply not in favour of this bill. We shouldn't assume that the entire Labor Party are supportive of this. The reality is that there is substantial division. I suspect that when my amendment is voted on we won't see some of those people in the chamber as well.</p><p>I'd also like to address some remarks made by Senator Farrell yesterday in response to my amendment. He talked about whether or not Centre Alliance were protecting workers. He said that we were fairweather friends of workers. There are many people in this place who can proudly stand up and say they are the friends of workers, but I'm not sure that Senator Farrell is one of those. So we're not going to be lectured by Senator Farrell, who was the secretary of the SDA from 1993 to 2008, on the issue of who has interests in the workers of Australia. Senator Cameron and Senator Marshall are senators who at least have some credibility when it comes to defending workers. It's no coincidence that they were not in the chamber last night and are not here now.</p>- The majority voted against an [amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6165_amend_09a9278c-b37d-4930-b073-c248de028a33%22;rec=0) moved by Centre Alliance Senator [Rex Patrick](https://theyvoteforyou.org.au/people/senate/sa/rex_patrick) be agreed to.
- Senator Patrick [explained that](https://www.openaustralia.org.au/senate/?gid=2018-10-15.174.2):
- > *The objective of this amendment is to prevent the enabling legislation commencing until bilateral side letters have been exchanged between Australia and each other party to the agreement, agreeing, firstly, that chapter 9 of the agreement, which deals with investor-state disputes, does not apply in relation to an investment in Australia, and, secondly, that labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other party. Centre Alliance is of the view that these issues need to be addressed before the TPP comes into force, not after.*
- ### What do these bills do?
- The [bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6165) was introduced along with [another](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6166) to implement the [Comprehensive and Progressive Agreement for Trans-Pacific Partnership](https://en.wikipedia.org/wiki/Comprehensive_and_Progressive_Agreement_for_Trans-Pacific_Partnership) (TPP-11). Their basic purpose is to implement the customs dimensions of the TPP-11 Agreement by making relevant amendments to the Customs Act 1901 and the Customs Tariff Act 1995. Read more in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1819a/19bd031).
- ### Amendment text
- > *(1) Clause 2, page 2 (cell at table item 2, column 2), omit the cell, substitute:*
- > *If the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile on 8 March 2018, enters into force for Australia—the first day that:*
- >> *(a) bilateral side letters exchanged between Australia and each other party to the Agreement agreeing that Chapter 9 of the Agreement, which deals with investor-State disputes, does not apply in relation to an investment in Australia by an investor of the other party; and*
- >> *(b) bilateral side letters exchanged between Australia and each other party to the Agreement agreeing that labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other Party;*
- > *are in force for Australia.*
- > *However, the provisions do not commence at all unless all of the events mentioned in this item occur.*
<p>Senator Farrell—through you, Chair—how can you stand there and lecture Centre Alliance on protecting workers when your union, the SDA, sold out around a quarter of a million workers in the retail and fast-food industry? An <i>Age</i> and <i>Sydney Morning Herald</i> investigation across 2015 and 2016 revealed the SDA deal across the fast-food and retail sector left more than 250,000 workers paid less than the award and saved businesses at least an estimated $300 million a year. How's that looking after workers?</p><p>In June last year, the supermarket giant Coles admitted underpaying much of the workforce in cosy deals it struck with the SDA. It was admitted by Coles that much of their workforce, up to 60 per cent, would be better off if they were paid the minimum award rate rather than what they were paid from deals struck up with the SDA. The majority of Coles workers would have been better off without the SDA's arrangements. How's that looking after workers, Senator Farrell? Senator Farrell claimed yesterday, although this was not picked up in <i>Hansard</i>, that we have some of the highest paid retail workers in the world.</p><p class="italic">Senator Farrell interjecting—</p><p></p> <p class="speaker">Sue Lines</p><p>Senator Patrick, please resume your seat. Senator Smith, on a point of order?</p> <p class="speaker">Dean Smith</p><p>I can't hear Senator Patrick's very informed attack on Senator Farrell, because Senator Farrell keeps interjecting.</p> <p class="speaker">Sue Lines</p><p>I do hope there's no informed attack, because, as you know Senator Smith, we direct all comments to the chair not to individual senators. Please continue, Senator Patrick. Senators have the right to be heard in silence.</p> <p class="speaker">Rex Patrick</p><p>Thank you, madam chair, and I did ask that it be directed through you. Senator Farrell claimed yesterday, although it wasn't picked up in the <i>Hansard</i>, that we have some of the highest paid retail workers in the world. That may be the case now given that the substandard wages deal between the SDA and Coles has now been replaced.</p><p>An article by Ben Schneiders and Royce Millar, who did some fantastic work exposing the truth behind the deal, in <i>The Sydney Morning Herald</i> on 12 August 2018 said that, 'Coles workers have now received a huge pay rise after the cosy deal between the SDA and Coles was scrapped.' The article highlighted that:</p><p class="italic">Both Coles and the Shop, Distributive & Allied Employees Association (SDA) had fought for years to keep the previous deal which paid tens of thousands of workers less than the minimum rates of the award, the basic wages safety net.</p><p class="italic">The old deal slashed - or did not pay at all - penalty rates and other entitlements in exchange for modest increases in hourly pay.</p><p class="italic">In 2016, the full bench of the Fair Work Commission found that deal failed the "better off overall test", the legal test that workers have to be paid more than the award.</p><p class="italic">More than half the workforce was underpaid, evidence from Coles' own expert showed.</p><p class="italic">It took nearly another two years of legal wrangling after that Fair Work ruling for a new agreement to take effect. That deal now largely reflects the minimum rates of the award.</p><p class="italic">Nelio Da Silva, who has worked for more than five years at Coles, now gets paid an extra $140 a week under the new deal.</p><p class="italic">He recently joined the new union, the Retail and Fast Food Workers Union, whose secretary Josh Cullinan exposed the Coles deal in 2015.</p><p>That's what <i>The Sydney Morning Herald</i> had to say.</p><p>The Retail and Fast Food Workers Union has also done some great work in exposing the dodgy deals that the SDA has done over the decades with big business. Their analysis shows that common across many retail employees were these: evening penalty rates of 25 per cent removed; application of shift penalty rates reduced or removed; Saturday penalty rates of 25 per cent removed, and that's 35 per cent for casual staff; Sunday penalty rates of 100 per cent removed or reduced; casual loadings reduced from 25 to 20 per cent; junior rates for 17-year-old staff reduced from 60 to 55 per cent; junior rates for—</p> <p class="speaker">Sue Lines</p><p>Senator Patrick, I do appreciate this is a wide-ranging debate. I'm just waiting for you to come back to your amendment.</p> <p class="speaker">Rex Patrick</p><p>I will come back to it. It relates directly. It is a rebuttal to comments made last night.</p> <p class="speaker">Sue Lines</p><p>I am listening carefully. I am just reminding you that it does need to relate to the amendment.</p> <p class="speaker">Rex Patrick</p><p>Thank you, chair. Junior rates for 18-year-old staff reduced from 70 to 67 per cent and removal of paid rest breaks for four-hour shifts. How is that looking after workers?</p><p>The SDA has alleged these losses are offset by an increase in the base rate of pay and other benefits, such as Defence reserve leave and blood donor leave. We now know that's not the case. Clearly a six per cent increase in the base wage does not offset a 25 per cent, 50 per cent or higher loss penalty rate. We know that even 11 per cent or higher does not offset lost penalty shift, casual, overtime and junior rates.</p><p>The Retail and Fast Food Workers Union have claimed that a huge number of workers, hundreds of thousands of workers, have earned less than they would have earned had there been no SDA agreement in place. This affects almost every major retailer and fast food company in Australia. It has cost retail and fast food workers billions of dollars. How is this looking after the workforce?</p><p>Turning back to the TPP, I'd like to quote the ETU National Secretary, Allen Hicks, who said:</p><p></p><p class="italic">The TPP is all about looking after the big end of town, maximising profits for multinational corporations at the expense of what is best for the Australian public.</p><p class="italic">These big businesses will be able to bring temporary workers into the country without even advertising those jobs locally, taking away training and employment opportunities for young Australians.</p><p>How is this looking after Australian workers?</p><p></p> <p class="speaker">Sue Lines</p><p>The question is that amendment (1) on sheet 8520 as moved by Senator Patrick be agreed to.</p><p></p>
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