By Peter Anderson
Independent Victorian Senator Janet Powell, formerly leader of the Democrats, has given notice of her intention to introduce a bill in November to repeal the anti-union Sections 45D and 45E of the Trade Practices Act. She is facing opposition from the Democrats, who moved to send the issue of repeal to a Senate Committee.
Powell told Green Left, "those who want to see repeal must now take some heavy action with the Labor party" in order to get the bill onto the parliamentary agenda. In the next week or two prior to presentation of the bill, there would be a "really organised program of action" in support of its passage, she said.
Powell has pointed out repeal of the onerous sections "is the [written] policy of the Australian Labor Party, the Australian Democrats and the ACTU". She believes repeal would be a responsible act on the part of the Keating government and would allow "working people the opportunity to act in solidarity with each other in the face of the 'scorched earth' industrial relations policies of incoming Coalition governments".
A Democrats' motion referred Sections 45D and 45E to a Senate committee, requiring it to report by the end of May. In fact, this would probably mean it would never report, since federal elections are due by May 1993. The government cynically supported the Democrats' motion, rejecting an amendment by Powell for a November reporting date. Powell accused the Democrats of wanting to bury the issue.
The Democrats' move was "pretty silly", she told Green Left. It was "a knee jerk reaction to my telegraphed moves" towards presenting the bill. It was a "misjudgment" based on fear of who would win Senate seats in Victoria.
The Democrats are justifiably worried that Powell could retain her seat as an independent candidate and thereby deprive the Democrats of one Victorian senator.
Powell will proceed with the private member's bill, arguing the Labor Party and the Democrats must remain true to their stated policies of repealing 45D and 45E.
The Hawke government made an attempt to repeal the two sections in 1984, but the move was opposed by the Democrats along with the Coalition, and the legislation was defeated. Subsequently, Democrats including Powell organised within the party to change policy in favour of repeal, which was achieved in the February 1992 policy statement.
Powell said she announced her intention to launch a private member's bill in early September, following which the Democrats gave notice on October 7 of their intention to refer the matter to committee. It was a "token gesture", she said, to ensure the question would not come
A spokesperson for Powell, Heather Jeffcoat, told Green Left concerted public action would be needed in order to have the bill actually debated in parliament. Powell was formerly successful in presenting a bill to end tobacco advertising in the print media. Already, she said, there was good feedback from the ranks of the Labor Party, the unions and the environment movement.