24 March 2021

MUTUAL RECOGNITION (NEW SOUTH WALES) AMENDMENT BILL 2021

Second Reading Debate

Ms JODIE HARRISON (Charlestown) (12:19): I speak in debate on the Mutual Recognition (New South Wales) Amendment Bill 2021 because it relates to a matter that means a great deal to me personally, and to many who work in trades across the Charlestown electorate. At the outset I recognise that we have some great tradies in my electorate. In fact, my brother, a marine mechanic, and his two sons, an apprentice plumber and apprentice carpenter, are some of them. My father was a fitter and turner and did his trade through what became TAFE. In the 120 years since Federation, Australia's States and Territories have grown closer together. Where once we were South Australians or Victorians, New South Welshmen or Queenslanders, we are now all Australian first. Unless, of course, it is State of Origin time.

With the exception of border closures as a result of pandemic‑related public health measures, State borders have generally become porous. Before COVID that meant it was nothing for someone who lived in Albury, for instance, to go over the border to go to work in Wodonga, or someone living in Murwillumbah to be employed on the Gold Coast. Once COVID is a thing of the past, that will no doubt continue. That is a good thing because it allows the free movement of goods and workers around our country. Unfortunately, some workers, particularly those who work in the trades, find their movement barred by a lack of recognition of their qualifications once they cross State lines. The current mutual recognition regime is in need of update and simplification. Under the current system, workers must apply for recognition of their licence and pay a separate fee to work in another State or Territory.

The current system relies on complex and cumbersome schedules to specify equivalent occupational registrations across State boundaries. Having gone without significant overhaul since 2009, those schedules are often not up to date with current qualifications and licences. I note that in December last year the Commonwealth, States and Territories were signatories to an intergovernmental agreement that commits to implementing a national automatic mutual recognition scheme by 1 July 2021. A consultation paper for the Federal Government's automatic mutual recognition of occupational registrations legislation has been released, and the other signatories to the intergovernmental agreement are hard at work getting ready for the July deadline. I further note that there are a number of protections for consumers and workers built into the bill—workers will have to meet requirements relating to insurance and similar things, as well as requirements such as a Working With Children Check. Those provisions are designed to protect the public, consumers and others.

Local laws will apply to interstate registration holders so that local regulators can take the necessary enforcement action to maintain protections for businesses, employees and consumers, and registered persons will be subject to any applicable disciplinary actions should they violate local laws. I also note that workers will not be eligible for the scheme if they are subject to disciplinary action or if they have conditions on their licence as a result of disciplinary, civil or criminal action. The Government can rest assured that the Opposition will keep a close eye on the operation of those provisions to make sure there is nothing that treats workers unfairly. We will always stand up for workers. I am sure tradies around the State, including those in the Charlestown electorate, are looking forward to a just and equitable mutual recognition scheme. A more equitable mutual recognition scheme will mean a boost for border communities hit hard by drought, bushfire, COVID and now floods, and it will have flow‑on effects for the rest of our State.

However, I have some concerns about the bill relating to ensuring that high standards and safety are maintained. Previous speakers on the Opposition side of the House, particularly the member for Granville, have raised some of those concerns. Already standards and safety in this State are under threat through the dismantling of TAFE. The Government's 10‑year attack on TAFE has undermined our State's trades qualification system. We have excellent standards in our TAFE system but they are at risk. We must maintain and rebuild TAFE. By cutting TAFE funding to the bone and slashing staffing, the Government has shifted the trades qualification system into the hands of private providers who have all too often turned out to be shady fly-by-night operators out to make a quick buck. The new mutual recognition scheme will work only if other States can trust that the tradies they hire from New South Wales have the appropriate training and skills. Likewise, the people of New South Wales must also be assured that cross‑border tradespeople are working to the same level of safety and performing their work at the same standard as New South Wales tradespeople.

To ensure that the projected economic benefits of the new regime come to fruition, the Government should immediately reinvest in TAFE. There is a way to go before the bill can bring the benefits it promises without compromising standards and safety. Tradespeople have a complex set of skills and currently recognition of those skills differs across the States. The legislation must not be like a driver's licence, which is automatically recognised across the States, but must deal with many complex issues within each trade so that the mutual recognition is truly like for like. The bill must not be seen as a red tape‑cutting exercise, but must deal with significant differences across the borders relating to regulations, licensing and conduct rules so that consumers in New South Wales can engage the services of cross‑border tradespeople with confidence, and so that New South Wales tradespeople can work in other States and deliver works to an acceptable standard without compromise. Those issues are not insurmountable but must be addressed. I expect those concerns will be dealt with in the other place. The intent of the bill is right but the detail needs more work. I do not oppose the bill.

 

This speech was part of a debate on the Mutual Recognition (New South Wales) Amendment Bill 2021, which you can learn more about here. You can read the rest of the debate on Hansard.