HON GIZ WATSON (North Metropolitan) [ 3.45 pm ]: I want to say a few words in support of the Contractual Benefits Bill, and I also will be brief. The second reading speech indicated that the purpose of the bill is to restore the right of employees of constitutional corporations to make a claim for denied contractual benefits in the Western Australian Industrial Relations Commission. It is worth noting that the introduction in the explanatory memorandum gives a good synopsis of what the bill is intended to do. It states —
Under section 29(1)(b)(ii) of the Industrial Relations Act 1979 (IR Act) an employee may refer to the Western Australian Industrial Relations Commission (WAIRC) a claim that they have been denied a benefit to which they are entitled under their contract of employment. The claim is an industrial matter that may be referred to the WAIRC.
Since the introduction of the Federal Government’s Work Choices legislation, only employees who fall within the State industrial relations system (primarily those who are not employees of constitutional corporations) have recourse for denied contractual benefits pursuant to the IR Act.
The capacity of federal system employees (primarily those employed by constitutional corporations) to bring claims in the WAIRC for denial of contractual benefits has been excluded by Work Choices.
The Contractual Benefits Bill . . .
The bill we are debating now —
restores the capacity for employees of constitutional corporations to make claims for denied contractual benefits in respect of their common law contracts of employment.
This avenue provides employees with an accessible option for recovering entitlements, in the absence of which the primary alternative is to pursue potentially expensive common law actions in the courts.
Amendments to the IR Act in the Industrial and Related Legislation Amendment Bill 2007 expand the jurisdiction of the WAIRC in relation to contractual benefits matters to benefits that are not industrial matters. This involves the repeal of current section 29(1)(b)(ii) of the IR Act and introduction of new section 28A. The expanded jurisdiction in proposed section 28A is reflected in the Bill and will have effect from proclamation. The jurisdiction in respect of contractual benefits that are industrial matters is restored effective 27 March 2006 .
The Greens (WA) support this bill wholeheartedly. The government has developed a package of bills, of which this bill is the first to be debated in the Legislative Council, to respond to the previous federal government’s industrial relations policy and legislation. The package is probably about two years overdue. It is amazing to the Greens that this legislation has taken so long to come to the Parliament. Arguably, with changes that may now occur following the change of federal government, some of this legislation may ultimately be unnecessary.
Having said that, we support this bill. This bill goes some way to correcting the huge injustices that were created with the federal industrial relations reforms that were brought about under the Howard government. This attempt by the state government to shift some of the balance back—in this case to provide contractual workers with access to the Western Australian Industrial Relations Commission—is excellent. I would be interested if, in response, the minister were able to indicate the genesis of this bill. It has long been heralded, but it has taken a long time to reach the Parliament. We have been accused of taking a long time to pass bills, but I would have been happy to pass this one on any day in the past five years or however long it has been since the federal legislation was established.
The Contractual Benefits Bill 2007 deals with contractual benefits. These are benefits to which an employee or a former employee is entitled under a contract of employment, whether expressly included or implied. The bill also provides an avenue for common law remedies for workers. Claims of denied contractual benefits would normally need to be pursued, at some expense to litigants, in the common law courts. This bill provides a less expensive means for these matters to be heard in the commission rather than in a court. The bill allows claims to be made before the Western Australian Industrial Relations Commission, and its intent is to give workers employed under federal laws access to this remedy, which the federal Workplace Relations Act 1996 does not accommodate. There has been some question as to whether this bill will raise constitutional issues, such as the primacy of federal legislation versus state legislation, but I understand that the government has received legal opinion on this aspect and I am satisfied that that legal opinion is sound.
The range of benefits will no longer be confined to industrial matters, but will cover any benefits under a contract of employment that are capable of being claimed. The bill also ensures that musicians and performers can claim their rights as employees, which is also a welcome initiative.
The Greens (WA) support the government’s agenda in seeking to redress a lot of the excesses of the federal WorkChoices legislation, and to provide additional avenues for making a claim for denied contractual benefits.
In conclusion, I look forward to the rest of the package of legislation having a rapid passage through the house; it is long overdue.