Page 521 - Week 02 - Wednesday, 21 February 2018
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found that a whopping 40 per cent of businesses that had previously been found to be non-compliant remained non-compliant—40 per cent. These are businesses that have been found to be in breach of their workplace obligations. The regulator has come in, given them a slap on the wrist, and, when they come back in a year or so, they are still non-compliant. I find it hard to believe that these particular businesses are not aware of their obligations. Unfortunately, and what is more likely, some businesses have built exploitation and underpayment into their business model.
I make the point again: we hear a lot from conservatives about the rule of law. But I have heard very little about this outbreak of lawlessness occurring right here in Canberra. The question for us in the Assembly is: what exactly are we going to do about it? Do we sit on our hands and do nothing while workers in our community are exploited and underpaid, or do we do something? I am proud to be a part of this government, because when we see something wrong, we actually do something about it. It is very easy to pass the buck here and say, “Well, this is a federal issue,” or “This is someone else’s problem.” That is not the approach of this Labor government. We do things. In this case we are introducing a secure local jobs package that will ensure government contracts only go to those that meet high ethical and labour standards.
The ACT government procures roughly $1.8 billion worth of goods, services and works each year. It is a large share of our budget. I believe that Canberrans should know that their money is going to businesses that comply with the law and uphold the highest ethical and labour standards. There will be a range of things that go into this package, and one of the core components will be a local jobs code. This code will be a piece of legislation that will clearly set out the roles, responsibilities and obligations of both government entities and businesses that the government contracts with.
One of the key complaints against the government’s MOU with UnionsACT was that it lacked transparency. What can be more transparent than legislation? All entities that are covered by the package will be required to hold an industrial relations and employment certificate. This will require businesses that want to tender for government work to demonstrate that they have a history of compliance with their employment obligations. This information will then be interrogated by an independent auditor who will provide advice to the ACT government as to whether or not to issue an IRE certificate.
The package will also involve establishing a compliance unit that will oversee and monitor measures introduced by the package. As we see from the Fair Work Ombudsman’s reports, we cannot just set these rules and let it play out. We need to ensure that these rules and obligations are being complied with. Some would have you believe that this legislation is anti-business, Mr Assistant Speaker. This could not be further from the truth. This legislation is pro business. This is unashamedly pro law-abiding business.
One of the incredible things I learnt at last year’s annual reports hearings is that the overwhelming number of complaints with regard to specific businesses being awarded government tenders is actually from other businesses. They are sick of being undercut by competitors who are doing the wrong thing. When I speak to local business owners, I hear a similar sentiment. They are sick and tired of doing the right thing, then being
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