The Hon. PENNY SHARPE [11.03 a.m.]: I move:

(1) That this House notes that:
(a) Marrickville Council has a proud tradition of supporting day labour for its garbage, recycling and green waste services,
(b) Marrickville Council is currently proposing to tender out its green waste services,
(c) Marrickville Council staff affected by this decision recently held a stop work meeting to protest against proposed tendering out of green waste services and related loss of workers entitlements and job losses,
(d) Marrickville Council staff elected to take industrial action and withdraw their labour for a 24 hour period and, in response to this action, Marrickville Council immediately brought in prearranged contract labour to carry out Council's resource and waste recovery services, and
(e) this action to use contracted labour was sanctioned by the Greens Mayor of Marrickville Council.

(2) That this House condemns the use of contract labour to undermine the rights of workers.

I move this very important motion to draw members' attention to the wholesale attack on workers' rights that is happening in local government at Marrickville Council. I ask members to support this motion to condemn the use of contract labour while workers are engaged in an industrial dispute. What has happened at Marrickville Council has not been seen since the 1998 Australian waterfront dispute. In 1998 Patrick Corporation restructured its operations for the stated purpose of increasing the productivity of its workforce. It then locked out its workers and brought in contracted or "scab" labour, with the full knowledge and support of the Howard Government.

We all know what happened during that dispute. It was a time when ordinary workers were forced to stand outside the gates of their place of employment while men in balaclavas were brought in by buses to do their jobs. These workers were locked out without consultation and with the express aim of breaking the power of the Maritime Union of Australia. The union movement mobilised and supported those workers. I, like many on this side of the House, attended the picket line at Port Botany to stand in solidarity with those workers to defend the rights of workers to organise, to strike and to be involved in the decisions being made about their employment. Those are rights worth fighting for. They are workers' basic rights. The use of government-endorsed contracted labour to undermine the rights of these workers was a clear example of the ideological obsession of the Howard Government under the careful watch of then industrial relations Minister Peter Reith.

Fast forward to 2011 and the same principles are being applied, not at some Liberal-dominated council but at the Greens-dominated council in Marrickville. This is the first time that contracted labour has ever been used to undermine council workers in this way. The issue this time is not productivity of workers on the waterfront but productivity of the garbage collectors—the garbos at Marrickville Council. On 12 July 150 Marrickville Council staff held a stop-work meeting to discuss the news that the green waste collection service would be put out to tender the following weekend. There had been no notice, no negotiation and no discussion about that decision. Instead, there was a four-line email informing them of the tender. The workers were supposed to just accept that the long-held practice of supporting day labour for waste collection services in Marrickville was over because 100 per cent of the green waste services were going out for tender.

The workers were also informed that they would no longer be able to conduct union business during working hours. The 150 outdoor staff and members of the United Services Union held their stop-work meeting to discuss the impact of council's decision, including the potential loss of jobs and loss of entitlements. The council fought the workers every step of the way. No notice and no discussion were just the beginning: when the workers voted to strike for 24 hours the council had contracted labour with the keys to the trucks out on the streets doing the work of the long-term, loyal and permanent staff of the council. The only difference from the waterfront dispute is that the contracted labourers brought in wore shorts and beanies and not balaclavas.

How did the council know that the staff would take industrial action? How pre-planned was the use of strikebreakers? Was this as deliberate as the Patrick's dispute—this time not with a wink and a nod from John Howard and Peter Reith but from Greens Mayor Fiona Byrne and her supporters? Graeme Kelly, Secretary of the United Services Union—the union that represents these workers—said:

It appears that Council has deliberately brought this industrial action on—they have had the tender documents ready, it is alleged since May and they have also had breakers at the ready—the day after they announce their intentions to call tenders of council services. … they have tried to restrict workers rights to be represented by their union. These actions mark a disgraceful change in industrial relations in local government.

Dr John Kaye: Can't you read Albo's handwriting?

The Hon. PENNY SHARPE: I am teaming up with the secretary and the members of the United Services Union. Graeme Kelly also said:

We haven't seen the like of this since the waterfront dispute.

Dr John Kaye: You're with Albo.

The Hon. PENNY SHARPE: What did you just call me? So now you are using sexist language in relation to this place. Fantastic. Good on you. Graeme Kelly said:

This is the first council to bring in 'scab' labour when workers are on industrial action.

Council management has defended its decision by saying:

The council had hired outside workers to collect green waste. The Council spokesperson said that the council would advertise a public tender for green waste collection "as a consequence of their refusal to deliver this service".

The general manager said "The decision to call for tenders for the green waste service is borne out of necessity given that our waste staff have refused to operate this service".

Where has the mayor been during this dispute? Let us have a look at The Greens' industrial relations policy as a guide to how one would expect this dispute to be handled. The Greens' policy documents are set out in sections. Section 1 relates to principles and states:

The Greens New South Wales believe:

1. The existence of a strong and relevant industrial safety net and the right of workers to collectively bargain are essential to protecting working people's rights;

1. The right to be a member of an effective union, to collectively bargain, to collectively withhold labour and collectively organise is essential to achieving a sustainable and democratic future.

The policy document goes on to state:

4. Working people must receive fair and equitable remuneration for their work and income differentials must be decreased;

5. Work must allow for a full life including family, leisure and education;

6. Collective industrial action must be able to address the social, economic and environmental concerns of working people.

Going to points 8 and 10, the document states:

8. The objectives of profitability and efficiency must not override social and ecological objectives;

10. All working people have the right to be involved in participatory workplace management.

The Greens policy document then sets out The Greens' goals and points 12 and 21 state:

The Greens New South Wales want:

12. Government services and public works to be provided by Government employees and not contractors;

21. Mandated shorter standard working hours, without loss of pay, the elimination of imposed overtime, a fairer sharing of paid work and a reversal of current trends towards increased unpaid overtime.

The Greens also say they support the provision of public services and public works by public servants. They will ensure, where it is not possible or practical for the public sector to provide a public service or public work, that successful tenderers for the provision of these works or services subscribe to a model of conduct that is developed in conjunction with Unions NSW and its affiliates. Has there been a lot of close work with the United Services Union on this matter? I do not think so. The Greens also say they support collective rights and they will legislatively protect the right to strike as a fundamental right of workers to promote and defend their economic and social interests. They will legislate to stop the exploitation of contracted staff, outworkers, casual workers and those employed through labour hire. Actions speak louder than words. Let us now look at how The Greens Mayor of Marrickville has been implementing The Greens' industrial relations policies. This is what Mayor Fiona Byrne has reportedly said about the dispute:

The council had no other option. Residents need their rubbish collected.

She also said:

It's not our problem—that is between the General Manager and his staff ... it's an operational matter.

An operational matter, just like John Howard and Peter Reith suggesting the waterfront dispute was an operational matter. It reminds me of a quote I read from that great defender of the workers, Chris Corrigan, who said:

The support for cleaning this up, I have to tell you, is overwhelming. And it is about time we got on with the job of cleaning up the waterfront and making it a productive place for all Australians.

There is a great distance between what The Greens say they will do for workers and what they have done for workers at Marrickville Council. The right to withhold their labour is ultimately the only right a worker has when dealing with the fundamental power imbalance between bosses and workers. The use of contracted labour while in a dispute should be condemned by all as one of the gravest attacks on workers' rights.

The motion before the House asks us to stand up for the rights of a group of workers that do a job that many could not or would not do. They get up early—rain, hail or shine—in the cold and the heat to pound the pavements to collect the things our households have thrown away. The motion asks members to stand up for the rights of workers to collectively bargain and to be involved in the decisions taking place in their workplace, including the right to meet and discuss what is happening. Ultimately, this motion asks us to stand up for the right of workers to withhold their labour and not have contracted labour take their jobs while in dispute. I urge members to support this motion.

The Hon. ROBERT BORSAK [11.12 a.m.]: I am pleased to add my support and congratulate the Hon. Penny Sharpe for bringing forward this very important motion. I am of the firm belief that if you want to convince someone of your argument you need to be short and sharp. In the brief time that I have been a member of this House I have had the unfortunate privilege of sitting here and listening to the constant bleating of the Woollahra Green and their new dear leader, where they attempt constantly to stand up, one after another, to defend the rights of workers. As I pointed out in a speech on the adjournment last Friday—

The Hon. Cate Faehrmann: What do you hold shares in?

The Hon. ROBERT BORSAK: I acknowledge that interjection. How can I own shares in Marrickville Council? The Greens behave in this place as though they are somehow more virtuous than anyone else and claim that they are the workers' friends. Over two months ago we all listened to approximately 12 hours of regurgitated waffle from the Woollahra Green and his dear leader purporting to be the workers' friends—12 hours.

Dr John Kaye: Point of order: The Hon. Robert Borsak is using the expression "dear leader". Not only is it unclear whom he is referring to but also it is unparliamentary and outside standing orders because it is an epithet.

The Hon. ROBERT BORSAK: The reality is that early last month Marrickville Council—

Dr John Kaye: Point of order: Mr Deputy-President, you have not ruled on the point of order. I am saying that the use of an epithet is outside standing orders. It is now your job to rule on that.

The Hon. Dr Peter Phelps: To the point of order: Given that The Greens do not formally have a leader it is hard to see how it could be taken as ironic by any particular member of The Greens, therefore it is not out of order. As I understand the general ruling in relation to epithets, it is in order when directed to a group of people. Given there is no particular person to whom it could be directed it is in order.

Mr David Shoebridge: To the point of order: I know that Dr Kaye took offence at the reference to him as "dear leader" and I personally take offence at the manner in which the honourable member is addressing me and not referring to me by name or as a member of the Legislative Council.

DEPUTY-PRESIDENT (The Hon. Paul Green): Order! There is no point of order. The Hon. Robert Borsak made a general comment. The Hon. Dr Peter Phelps correctly said that there is no leader of The Greens in the House, and Dr John Kaye did not say that he was offended by the comment.

The Hon. ROBERT BORSAK: The reality is that early last month Marrickville Council, which is run by that apparent expert on Middle Eastern affairs Greens Mayor Fiona Byrne and her Greens councillors, pulled off a stunt that would not have been out of place on the waterfront a few years ago. Watching what happened at Marrickville Council was like watching a replay of the waterfront dispute, but this time The Greens were in charge of crushing workers. The Greens cannot be the workers' friends but they pretend that they are. Marrickville Council showed its true colours. It is not only the workers The Greens pretend to be friends with; they also claim to be farmers' friends. But what they really want to do is stop farmers growing sheep and cattle because of their methane output. Then again, they do not want us culling kangaroos to eat, because they are on the coat of arms.

Dr John Kaye: Point of order: It relates to relevance. I agree that there should be a broad debate but I am not sure how the relationship between The Greens and farmers and the methanogenesis of livestock relates to the motion.

Mr David Shoebridge: To the point of order: Whilst hot air and methane may have a great deal to do with some elements of the motion moved by the Labor Party, it is clear that methane belching from cattle and sheep is not within a bull's roar of relevance to this motion. I ask you to draw the member's attention to the need to be at least generally relevant in his contributions.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! Traditionally members are given wide latitude when contributing to debate on a motion. However, I remind members of the need to be generally relevant.

The Hon. ROBERT BORSAK: The Greens do not like dairy farmers because they use too much water. They do not want anyone growing crops such as rice or cotton by irrigation because that also uses water. They do not like hardworking coalminers because they produce nasty, dirty coal that makes dirty electricity, which no doubt The Greens also use to heat and cool their homes and cook their food, like everyone else. The Greens are so far up on the high moral ground it is a wonder they do not get nosebleed—that is if they actually have blood like the rest of us mere mortals. The date of 7 July 2011 will be remembered as the day The Greens went from being greenies to noxious weeds.

We all know the council's garbos and recyclers who were taking legitimate strike action over serious industrial problems at Marrickville Council were stealthily replaced by outside labour. As I understand it, over the past four years, under the watchful eyes of The Greens, the council has introduced about 15,000 green waste bins without proper consultation with the workers. It seems they simply introduced the bins in the hope that the green waste fairy would find a magical way of disposing of the waste. They forgot to introduce any new structures, new trucks or equipment to collect it. The garbos have been struggling with the increased workload and the lack of council investment in new equipment and when they said, "Enough is enough", they took the only action left to them and went on strike.

The council knew they were going to take strike action and one would have thought The Greens, being the champions of the workers, would have been out there trying to negotiate a resolution. The day before the strike took place the council's general manager, supported by senior management, The Greens and Mayor Byrne, told the workers' union that the green waste collections and contract was going to be advertised in the newspaper on the weekend—no consultation by the workers' champions; just a blunt instrument response, which I am told was in breach of the industry award. The workers saw that response as a provocative and well-planned operation to bust them and their union, aided and abetted by The Greens councillors. What was the mayor's response to that? She washed her hands and said:

It is not our problem—that is between the General Manager and his staff … it's an operational matter.

A Greens-led council hiding behind its general manager and, when questioned about it, hiding behind the weak and lily-livered excuse that it was an operational matter between the staff and general manager. What have The Greens hypocrites done to date about the general manager, his anti-worker policy and disgraceful action in bringing in contract labour to do the work of striking workers? The noxious weeds rewarded him with a pay rise.

The Hon. Sophie Cotsis: How much more?

The Hon. ROBERT BORSAK: I do not know. These Greens hypocrites talk the talk but when it comes to walking the walk they have dismally failed. They have been caught out by the very people they purport to represent.

The Hon. Cate Faehrmann: Point of order: I find the honourable member's use of the words "Greens hypocrites" and "noxious weeds" when referring to The Greens offensive. I ask that he withdraw those comments.

The Hon. Dr Peter Phelps: To the point of order: My understanding was that the honourable member was referring to The Greens members of Marrickville Council, not to any particular member in this Chamber. The point of order should be ruled out of order.

The Hon. Amanda Fazio: To the point of order: I refer the Deputy-President to my favourite ruling by past Presidents: collective insults are allowable under the standing orders but individual insults are not.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! There is no point of order.

The Hon. ROBERT BORSAK: Is it any wonder that some in Marrickville consider the actions taken by the council against the garbos and recyclers on 7 July as the day The Greens became the noxious weeds. They believe The Greens are more concerned about human rights in Palestine than workers' rights in Marrickville. The Greens say they are the workers' friend, but that claim has certainly been blown apart in Marrickville. What did The Greens-controlled council do when it had the chance to stand up and support the workers of Marrickville? It employed scab labourers, who were hiding in some hall down the street. It gave them the keys to the trucks and sent them out to undermine the striking workers. I am told that if any hired scab labourer refused to do what they were told they were threatened with hefty fines.

Was there consultation? No, escalation! The council continues to hide behind the general manager. I am informed the council has been running the workers down, bagging Graeme Kelly and the United Services Union and that it will not hesitate to use big end of town lawyers against poor old garbos—garbos who have been pounding the road for decades, loyally serving the ratepayers of Marrickville 365 days a year. But what do the garbos get in return? Big end of town lawyers ready to take them back to court each time they are ready to take action to protect themselves. This Parliament should condemn these Green hypocrites for their disgraceful attack on workers. I move:

That the question be amended by omitting paragraph 2 and inserting instead:

2. this House condemns Marrickville Council Greens Mayor Fiona Byrne for undermining the rights of workers; and

3. this House calls on the New South Wales Greens to support the rights of workers in all industries throughout the State.

The Hon. SCOT MacDONALD [11.23 a.m.]: By any measure Marrickville Council is dysfunctional—that has been evident for the last six to 12 months—but it was put back in its box by the electorate at the March election. What a wonderful initiative of Marrickville Council: boycott, divestment and sanction! We have the only democracy in the Middle East, the only functioning marketplace in the Middle East, the only government that respects its citizens with a rule of law, and this dysfunctional council—

The Hon. Jeremy Buckingham: Point of order: The honourable member is misleading the House. The honourable member has just stated that Israel is the only democracy in the Middle East.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! There is no point of order.

The Hon. SCOT MacDONALD: The only functioning democracy in the Middle East. Sprigs of democracy are appearing elsewhere. Israel is loathed by Marrickville Council and The Greens. It has instituted an absurd policy of boycott, divestment and sanction, with one of the most disgraceful of mayors. I support anything that casts a shadow over Marrickville.

The Hon. SOPHIE COTSIS [11.25 a.m.]: I congratulate and strongly support the Hon. Penny Sharpe on her important motion. I congratulate also inner-west Labor Party members on taking this course.

The Hon. Jeremy Buckingham: Albo's puppets.

The Hon. SOPHIE COTSIS: That is really offensive. Take it back. You are saying that all those hardworking people do not have a brain to think for themselves.

The Hon. Jeremy Buckingham: Calm down.

The Hon. SOPHIE COTSIS: No, you calm down. You go out there and talk to the workers and find out for yourself what they are saying.

Mr David Shoebridge: Point of order: The Hon. Sophie Cotsis is failing to address the Chair; instead she is engaging in a slanging match with Jeremy Buckingham. The issue seems to be that the collective noun of the Albanese faction is seen to be taken—and quite rightly taken—as a term of abuse by the Hon. Sophie Cotsis and the Hon. Penny Sharpe. I ask that you direct the Hon. Sophie Cotsis to address the Chair. If the honourable member has an issue with the term of abuse of the Albanese faction she should address that in her contribution to the House.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! I uphold the point of order. All members will address their remarks through the Chair. Members will not engage in dialogue with members sitting behind them or elsewhere in the House.

The Hon. SOPHIE COTSIS: I say to the Rhiannon disciples that it is time to stand up for the workers of Marrickville Council. It is time to go to speak to the workers of Marrickville Council, as I did. Those workers are genuinely hardworking, decent Australians. Most of them have worked at Marrickville Council for 20, 25, 30 years. I met a lovely gentleman who has worked there for over 40 years. He spoke to me about the council's garbage collection and the topography—

The Hon. Rick Colless: Point of order: The Greens are lapsing back to constant carping and interjecting. I ask that you bring them to order and allow the speaker to continue.

The Hon. SOPHIE COTSIS: I will take you down there.

The Hon. Jeremy Buckingham: Okay.

The Hon. SOPHIE COTSIS: I challenge you. Let's go out there next week.

The Hon. Jeremy Buckingham: All right.

The Hon. SOPHIE COTSIS: It's on.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! The Hon. Sophie Cotsis will not be diverted from her requirement to address the motion before the Chair. The member with the call should be permitted to contribute to the debate without interruption.

The Hon. SOPHIE COTSIS: I know his name. But if I name him he will be targeted, as will the other decent, hardworking Marrickville Council workers. I am happy to take the Hon. Jeremy Buckingham on a visit to Marrickville. He is in Orange next week. The following week we will go to Marrickville and have a discussion with the workers. Their shift starts at 4.30 a.m. I have conducted a number of visits to local councils, and I will continue to do so in my role as shadow Minister for Local Government, and Industrial Relations.

The Hon. Jeremy Buckingham: All Labor councils?

The Hon. SOPHIE COTSIS: No, actually. I was in Kempsey shire.

The Hon. Jeremy Buckingham: There are no Labor councils that have contracted out?

The Hon. SOPHIE COTSIS: I do not think so. I do not ask about their political affiliations. I care about their concerns and issues.

The Hon. Penny Sharpe: Point of order: The Hon. Jeremy Buckingham has continually spoken and interjected during this debate. While we understand that The Greens are very unhappy about this motion because they are being exposed for the hypocrites they are, all interjections are disorderly. I ask that the member be called to order if he fails to stop interjecting.

Mr David Shoebridge: To the point of order: Jeremy Buckingham is responding to the Hon. Sophie Cotsis who turns around, points at him and abuses him. It may not be recorded in Hansard but the Hon. Sophie Cotsis is repeatedly turning around, pointing at Jeremy Buckingham and abusing him.

The Hon. Greg Pearce: She should come and speak on this side of the House.

Mr David Shoebridge: The Hon. Sophie Cotsis should adopt the recommendation of the Minister for Finance and Services and formally join him—as she has on this motion—and speak to the motion from the Government side.

The Hon. Robert Brown: To the point of order: First, I sit opposite the Hon. Jeremy Buckingham and I have observed that it is the Hon. Jeremy Buckingham who is interjecting. Secondly, blokes should not pick on sheilas.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! The Hon. Sophie Cotsis should address her remarks through the Chair. The Hon. Jeremy Buckingham will cease engaging in dialogue across the Chamber and allow debate on the motion to proceed.

The Hon. SOPHIE COTSIS: I thank the Hon. Robert Brown for his assistance but I am big enough to look after myself. As I said, in my role as shadow Minister I have visited a number of councils. I have not asked about political affiliations because I am concerned about the issues in councils across New South Wales. The council workers at Marrickville Council, who are at the coalface, raised with me a number of good points. They talked to me about their concerns with rate pegging and amalgamation. Some workers in their sixties who had suffered injuries raised concerns about their future as they approach retirement age. They talked to me about a range of work practices. They are delightful people. We exchanged ideas on professional development issues, which they will take up with their union.

These workers have been loyal servants of Marrickville Council and of the Marrickville local government community. Many of them have worked with the council for over 30 years, one for more than 40 years. They are salt-of-the-earth people. They do not deserve to be treated in this way. Our industrial relations system is based on fairness and justice, with parties sitting down and negotiating in good faith to obtain a good outcome for all—the community, the workers and management. The workers at Marrickville Council have good ideas about rate pegging. They talked to me about government issues, such as governments looking at other ways to finance council services. They talked about how council services had changed over the years. These are important issues. I do not believe members of The Greens have visited the Marrickville Council workers and listened to their concerns. The Greens continue to throw—

The Hon. Robert Brown: Garbage.

The Hon. SOPHIE COTSIS: —garbage, sewage. They sit in their ivory tower and throw garbage. They should visit the workers and listen to their concerns. I challenge them to accompany me on a visit. They will enjoy listening to what the workers have to say. On 7 July I was flabbergasted to hear about the action taken by the council. It is the type of action that is taken by the Liberal Party. It is the type of action taken by Peter Reith and HR Nicholls Society members.

The Hon. Jeremy Buckingham: And Greg Pearce.

The Hon. SOPHIE COTSIS: Yes, one could see the Minister leading the charge, hiring and organising the labour. But, no, it was The Greens Mayor of Marrickville. I was shocked about that.

The Hon. Rick Colless: Shocked?

The Hon. SOPHIE COTSIS: Yes, absolutely shocked. Issues should be dealt with by good-faith bargaining, sitting down and negotiating. Where there is a will, there is a solution. In this case, there was no political will. What was the motivation for or agenda behind this action? Was it to break the United Services Union? Was it to break the workers' involvement with the union or their representation by the union? I do not know what the motivation was. As I have often said in the House, as a union representative I represented many low-paid workers and I understand how hardworking, decent people—

The Hon. Dr Peter Phelps: Were they low paid before or after you represented them?

The Hon. SOPHIE COTSIS: We achieved a lot of good pay rises and allowances. We never traded off anything. We sat in a room for hours until we achieved a decent outcome for all. This is a serious issue. The Greens sit in their ivory tower and talk bureaucratic gobbledegook. They will not sit down with and listen to what the workers have to say. These hardworking employees of Marrickville Council, who start their shifts at 4.00 a.m., deserve to earn a decent living and to be treated with respect. That is all they want: to be treated with respect. There is a lot of uncertainty not only at Marrickville Council but across all councils with the change of government. I ask the Government whether it supports the type of action taken by Marrickville Council. Is this a new strategy to be used by local councils to break employee representatives? I have many questions for the Government, which I will place on the Notice Paper, about new-wave industrial relations in local councils. Will this very important and unprecedented action that has been taken by Marrickville Council be discussed at the upcoming two-day talkfest next week that all local councils will be attending? It is a very important meeting. The Government is organising it, and it is a two-day workshop.

Mr David Shoebridge: It is an important meeting for local government.

The Hon. SOPHIE COTSIS: Are you attending?

Mr David Shoebridge: It's not a talk fest. You will abuse local councils when it suits you, won't you, Sophie?

The Hon. SOPHIE COTSIS: No, I am not abusing councils. I respect what local councils do. The 12 July edition of the Inner West Courier reported that Graeme Kelly had made a number of observations about this issue. He stated:

"We haven't seen the likes of this since the waterfront dispute. This is the first council to bring in scab labour when workers are on industrial action …"

Graeme Kelly has been involved with the union for many years and he was also a council worker. I commend the motion to the House. [Time expired.]

The Hon. NIALL BLAIR [11.41 a.m.]: As a proud former employee of Marrickville Council I will relate some of my experiences and observations from my time with the council. My employment was in 1998, when Marrickville Council was a leader in a number of fields. Marrickville Council was proud of its achievements. Marrickville Council was one of the first councils to put its tree preservation order under a local environmental plan. I am sure members of The Greens who were serving on the council at the time were very happy to be part of that initiative. I was then employed as a tree management officer and, although it may be different now, we were proud to have that local environmental plan backing our decisions about tree preservation orders. Marrickville Council was proud to be a leader in occupational health and safety. At the time the council was presented with an award by WorkCover for being a leader in the implementation of occupational health and safety. A number of things set Marrickville Council apart from many of the other councils I worked at. I must admit that during my time in local government I have used contract labour, but there is a time and a place for it—

The Hon. Robert Brown: You didn't use scabs though, did you?

The Hon. NIALL BLAIR: That is exactly right. There is a time and a place and a way to do the job. In regional areas when you cannot get staff to do certain jobs, contractors must be used. However, they are not brought in in the dark of night and they are not brought in while negotiations are going on with existing staff. It would be silly for me to stand here and say that I have not used contractors on some jobs. That is not the point; the way it is done is the issue. That is the problem we have with Marrickville Council. When I was at Marrickville Council—perhaps someone can confirm whether it is still current practice—the high-density housing and the narrow streets meant that staff had to do a number of jobs by hand. Marrickville Council is one of the few councils I have worked at where staff mow by hand the verges outside residents' houses.

The Hon. Sophie Cotsis: They still do.

The Hon. NIALL BLAIR: Thank you. It has been a while since I have been there, but staff used to mow the street verges by hand and sweep the footpaths and the gutters by hand. Because of the housing density, the parked cars and the narrow streets, staff had to engage in labour-intensive activities—and of course they still collect the garbage by hand. As a former employee of Marrickville Council, I thought I should state that it was, and always has been, a council with a very proud, hardworking workforce—many of whom are inner-city battlers. This is the area where the "Marrickville Mauler" Jeff Fenech and people such as that come from. It is a proud traditional area with hardworking people, and it is disappointing to see the way that The Greens council, led by Fiona Byrne, has tried to change working conditions. I will not make a habit of talking for the sake of it; I just wanted to make those few remarks as a former employee and point out some of the proud traditions of Marrickville Council.

Mr DAVID SHOEBRIDGE [11.45 a.m.]: I oppose this blatantly political and misguided motion moved by the Hon. Penny Sharpe. Let us look at what Marrickville Council has done to support workers and increase the public services provided by council employees in the few short years that Marrickville has had Greens mayors. First, unlike councils across New South Wales and the Labor-controlled State Government—and indeed unlike Marrickville Council when it was under the control of Labor—Marrickville Council proudly brought the trades back to council. It no longer contracts out those trades; they are being brought back in-house through employees of council. They are proud actions: increasing the number of public services and the trades offered by Marrickville Council.

What else has Marrickville Council done as the leading supporter of workplace rights, driven by The Greens councillors? Unlike the State Government under Labor and the previous Labor-controlled council—10 years of Labor failure, when all the apprenticeships were stripped away from Marrickville Council—The Greens have proudly brought back apprenticeships. They are training the next class of employees at Marrickville—the training that was stripped away when Labor controlled the council. Labor stripped out the apprenticeships and the trades, and The Greens brought the apprentices back on board. They are training young local workers with the skills they need to be productive members of society. Labor stripped out the apprentices; the Greens brought them back. This gives young people the opportunity to be employed by their local council in safe and secure jobs. What did Marrickville Council do about graffiti removal when the Hon. Penny Sharpe was a councillor? The council contracted it out. What a tragedy that was.

The Hon. Amanda Fazio: Point of order: We are discussing motion No. 188 outside the order of precedence on the Notice Paper, which relates to industrial relations at Marrickville Council. It is not appropriate for Mr David Shoebridge to launch into a diatribe on other issues relating to Marrickville Council. The motion is very specific, and I ask you, Madam Deputy-President, to draw him back to it. My point of order of course goes to relevance.

Mr DAVID SHOEBRIDGE: To the point of order: My comments are clearly directly relevant. All these issues relate to the positive industrial relations policy followed by Marrickville Council, which the Hon. Amanda Fazio obviously wants to ignore.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! There is no point of order.

Mr DAVID SHOEBRIDGE: What did Marrickville Council do about graffiti when it was Labor dominated and controlled and the Hon. Penny Sharpe was a councillor? It contracted it out. What has Marrickville Council done since it has been under the control of The Greens? What has Marrickville Council done since it has had a Greens mayor? It has brought the graffiti services back in-house. It has full-time council employees providing the graffiti removal services that Labor contracted out. What gross hypocrisy we are getting from the Albanese faction, which pretends to be left wing. Labor members would not know the left wing if it bit them on their big toes.

The Hon. Sophie Cotsis: Point of order: Once again, the workers from Woollahra are talking about lefties.

The CHAIR (The Hon. Jennifer Gardiner): Order! That is not a point of order.

Mr DAVID SHOEBRIDGE: The Albanese faction would not know left-wing politics if it bit them on their big toes. This is about nothing more than grubby machine politics. The track record of The Greens on Marrickville Council is more full-time jobs, bringing back services that Labor contracted out, and re-establishing and increasing apprenticeships, which were stripped out by the Labor Party. The Greens councillors have a proud history on Marrickville Council. Of course, members opposite attack that because they are embarrassed by what they have done not only on Marrickville Council but on council after council across New South Wales. Labor-controlled councils have contracted out garbage, green waste and graffiti services and have stripped apprenticeships. And they say they are proud of their record.

It is no wonder Labor councillors were turfed off more than 40 local councils at the most recent local government elections. Labor administrations were tossed out of more than 40 local councils at the local government elections because locals knew they could not trust Labor to protect the key rights of workers. What happened about Marrickville Council's green waste services? Green waste services were introduced when Labor had control of Marrickville Council; then Labor councillors contracted out those services. The council then employed casual workers to provide green waste services. That has been the history of Marrickville Council for the better part of a decade.

The Hon. Sophie Cotsis: It was done through a proper tendering process.

Mr DAVID SHOEBRIDGE: I note the interjection of the Hon. Sophie Cotsis.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! I am having difficulty hearing Mr David Shoebridge.

Mr DAVID SHOEBRIDGE: The Hon. Sophie Cotsis is satisfied with contracting out services as long as an advertisement is placed before the services are contracted out. That is Labor's commitment to contracting out.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! I call the Hon. Sophie Cotsis to order for the first time. I ask members to allow the member with the call to be heard.

Mr DAVID SHOEBRIDGE: According to the Hon. Sophie Cotsis, Labor is perfectly comfortable with contracting out, provided it is advertised beforehand. That is a disgrace. Only 10 per cent to 15 per cent of the green waste collected by Marrickville Council is done so by staff, pursuant to an enterprise bargaining agreement [EBA] that expired in 2006, when Labor was in charge. What did Labor do about negotiating with the United Services Union?

The Hon. Cate Faehrmann: Too hard.

Mr DAVID SHOEBRIDGE: Labor put it in the too-hard basket. When Labor controlled Marrickville Council it refused to negotiate with the union. When the enterprise bargaining agreement expired in 2006 Labor did absolutely nothing. Not only did Labor contract out 85 per cent of its green waste services on its watch; the enterprise bargaining agreement underpinning the collection of 15 per cent of green waste by council staff—Labor had made a crooked deal on contracting out green waste services to casuals—expired in 2006. What did the then Labor mayor do? Nothing. The mayor did not talk to the union or engage in any meaningful negotiations; they simply put the matter in the too-hard basket and said they did not want to deal with it.

What happened on 7 July? On 7 July the United Services Union refused to pick up the 15 per cent of green waste that it had been contracted to pick up. It refused to comply with the enterprise bargaining agreement and refused to pick up green waste as part of an industrial action, as is the union's right. What happened then? Without any reference to, or discussion with, The Greens councillors and mayor, the council's general manager decided that the casuals who normally picked up 85 per cent of the green waste—most of the casual workers had been on Marrickville Council's casual payroll for five or six years—would also pick up the other 15 per cent of the green waste.

Labor members have compared the industrial action at Marrickville Council to the waterfront dispute, where there were dogs, balaclavas, police and ongoing brutal confrontations. The council's general manager, who was appointed by Labor—let us be clear about this—directed the casuals, who were contracted by Labor, to pick up the 15 per cent of green waste about which Labor had failed to meaningfully negotiate under the enterprise bargaining agreement. When that happened, suddenly it was waterfront mark II, according to the Hon. Sophie Cotsis. What happened after that? The Greens mayor and councillors said they condemned the contracting-out of services. That is clearly on the record. That is consistent not only with their words but with their strong track record of returning services to full-time staff, re-establishing trades and apprentices on staff, and returning graffiti removal to staff. They have stood on their strong record and said they will not contract out this work.

Indeed, The Greens got the general manager to pull the advertisement relating to the contracting-out of services. That happened after The Greens in this House stood up for having an independent umpire resolve industrial disputes. What did the council do? The council called a dispute and went before the Industrial Relations Commission. The Greens strongly support the Industrial Relations Commission. Coalition members do not want the Industrial Relations Commission resolving disputes. They are Labor's mates in terms of supporting this motion. Marrickville Council went before the Industrial Relations Commission. Then the council's general manager, who had been appointed by Labor, had a discussion with the General Secretary of the United Services Union, Graeme Kelly, and the metropolitan manager, Steve Donley. I have a copy of the email from the general manager about what is happening at Marrickville Council now. Let us see whether this is the waterfront dispute mark II. The email states:

Consequently I invited the General Secretary of the USU Graeme Kelly and Metropolitan Manager Steve Donley to meet with Denny Groth and myself to seek a way forward in resolving the many waste management issues that have remained unresolved since the nominal expiry of the current EBA in 2006—

The Hon. Cate Faehrmann: Point of order: I am struggling to hear Mr David Shoebridge on this matter. I ask you to remind the Hon. Penny Sharpe and the Hon. Sophie Cotsis that interjections are disorderly.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! I ask all members to allow the member who has the call to address the Chamber and be heard by the Chair, other members and Hansard.

Mr DAVID SHOEBRIDGE: The email continued:

Consequently Denny and I met with Messrs Kelly and Donley yesterday and we have agreed on a basis for the negotiation of a new EBA. Both parties have expressed a preparedness to negotiate in good faith around the fundamental objectives of improved productivity for the Council, security of tenure for waste workers, and open discussion around the many operational waste management issues causing concern to both parties. A time frame of 6 months has been agreed for these negotiations to be concluded and a new EBA ratified. The first step will be an opportunity for the USU and Council Management to meet with all of the Council's waste workers to "clear the air" and explain the process for negotiations. This meeting will be held within the next fortnight.

Given the many failed attempts to resolve these issues by a succession of General Managers over the past 5 years or so we should be under no illusion that a new EBA that is acceptable to both parties will be accomplished easily. However, while there is goodwill on both sides and an imperative in the form of a set time frame to accomplish this outcome, we are hopeful of success.

The Hon. Sophie Cotsis: Point of order: Mr David Shoebridge is reading an email from one party. We need to hear from the other party.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! That is not a point of order.

Mr DAVID SHOEBRIDGE: I cannot hear a word.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! The Chair would like to be able to hear the conclusion of the member's speech.

Mr DAVID SHOEBRIDGE: This motion is nothing other than a political stunt.

The Hon. Penny Sharpe: So you are not going to condemn the use of contract labour?

Mr DAVID SHOEBRIDGE: The Greens perfectly and openly condemn the use of contract labour but this is a political stunt.

The Hon. Penny Sharpe: So you support it?

Mr DAVID SHOEBRIDGE: The mayor never supported it, spoke in favour of it or sanctioned it. Marrickville Council is not currently proposing to tender out its green waste services. Wrong in fact, wrong in politics. This is ugly Albo raising his head in the Legislative Council of New South Wales, and the Hon. Penny Sharpe should go back with disgrace to the backbenches.

The Hon. ROBERT BROWN [12.00 p.m.]: I support the motion moved by the Hon. Penny Sharpe. I am surprised that the Hon. Jeremy Buckingham is taking The Greens' side. Of all The Greens I think he is the only one who has an appropriate background to know what it is like to be a worker. The fact is it is not a matter of whether contracting out is good or bad, it is a matter of whether scab labour—strikebreakers—are used behind the backs of the workers while they attend a meeting about a dispute that has been clearly engineered by the council, in my view, to bring in scab labour. Mr David Shoebridge defended Fiona Byrne who, at the eleventh hour, refused to attend a meeting in Parliament House with the General Secretary of the United Services Union. Why? Because the council was in dispute, and that was a deliberate escalation of the matter.

After this debate has concluded everyone will know the truth, that is, that The Greens are hypocrites. Members of The Greens council are hypocrites, including Fiona Byrne who tried to hide behind the general manager to whom she then granted a pay rise. If members of The Greens seriously wanted to support the rights of workers they should have engaged in meaningful negotiation with them and not brought in scab workers behind their backs after they had engineered an industrial dispute. All members know The Greens cost jobs and we now know that they are also hypocrites.

The Hon. AMANDA FAZIO [12.02 p.m.]: I support the motion moved by my colleague the Hon. Penny Sharpe and in doing so it is worthwhile noting the reaction of The Greens in the Chamber today. They have displayed a mindless siege mentality because somebody has dared to criticise The Greens over anything. I will give a balanced contribution in this debate. Probably the two councils controlled by The Greens that I have the most to do with are Byron Bay and Marrickville. I have found Byron Shire Council to be consultative, not to have incurred the industrial wrath of the United Services Union, and not to have brought in scab labour to upset it workforce. It has operated commendably as an employer and a council that engages with the genuine concerns of its local residents.

I contrast that with Marrickville Council, which is driven by a minority political ideology that does not conform with the norm in our society. The Greens have shown by their actions that they are prepared to trash the proud history of Marrickville Council because they just do not care about industrial relations. Their policies on their website seem fine but The Greens, as with most of their policies, think they will never be in a position of authority to apply them. In the few cases when The Greens have found themselves to be in control—and I contrast Byron Shire Council and Marrickville Council—the people in Marrickville Council have shown their true form, and they have form.

We need only look at former member of this House Mrs Sylvia Hale, who was a former councillor of Marrickville Council. She was notorious for industrial relations disputes at her publishing company, Hale and Ironmonger. She locked out the people who worked for the printing company, which started a dispute. That is contrasted with what has happened in Marrickville Council, which is an absolute disgrace. I do not mind raising this issue now because I raised it when Mrs Sylvia Hale was a member of the Legislative Council. I did not hear her refute the newspaper articles that appeared at the time about the industrial dispute she had with the workers at her printing company.

Let us look at the proud history of Marrickville Council, with which I have been familiar for a long time. In the 1970s Marrickville Council, was one of two councils at the forefront—it was the leader—of applying for funds and grants from the Commonwealth Government to get involved in community services. It was socially aware. It provided a far greater range of community services than most other metropolitan councils. It had an excellent history of industrial relations with its workers. Marrickville Council had a strong history of treating its workers in a fair manner. It also provided excellent services to its ratepayers, not just for the aged but for childcare, library services, rubbish collection and a special waste pick-up.

People could book a waste removal pick-up service once a week whereas other councils had a quarterly waste pick-up service. Marrickville Council focussed on providing an excellent level of service to its ratepayers. What has happened since The Greens got control of Marrickville Council? Members of The Greens have taken the focus away from that excellent service to ratepayers and put the money into promoting their policies, including things like the boycott. They stopped looking at issues that were relevant to its ratepayers to focus on boycotts. That is the sort of thing that Marrickville Council has done under the control of The Greens.

Mr David Shoebridge: Point of order: The Hon. Amanda Fazio is deliberately misleading the House. She has failed to note that—

The Hon. AMANDA FAZIO: That is not a point of order.

Mr David Shoebridge: If the Hon. Amanda Fazio would let me finish the point of order—

The Hon. AMANDA FAZIO: Sit down. You had your opportunity.

Mr David Shoebridge: You are not the President any more, Amanda.

The Hon. AMANDA FAZIO: I know I am not the President, but you have spoken.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! The Hon. Amanda Fazio will resume her seat. Mr David Shoebridge has the call on a point of order.

The Hon. AMANDA FAZIO: It is not a point of order.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! I have not ruled yet.

The Hon. AMANDA FAZIO: It is a debating point.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order!

Mr David Shoebridge: The Hon. Amanda Fazio is misleading the House by failing to note that all of the Labor councillors voted for the boycott and that it is formal policy of the Labor Left to adopt the boycott.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! There is no point of order.

The Hon. AMANDA FAZIO: Mr David Shoebridge has just exemplified the levels to which The Greens will go to try to back up the appalling track record of their people on Marrickville Council. Not only is Mr David Shoebridge not content with talking for six hours on the industrial relations bill but he has also had his 15 minutes of debate and continues to take spurious points of order to make debating points. That shows what an absolute piece of work is Mr David Shoebridge. He is an absolute disgrace: the socialist from Woollahra.

Mr David Shoebridge: Point of order: The Hon. Amanda Fazio abused me by calling me a "piece of work". I took offence. I ask her to withdraw it.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! Mr David Shoebridge regards as offensive the words used by the Hon. Amanda Fazio. I invite the Hon. Amanda Fazio to withdraw them.

The Hon. AMANDA FAZIO: I will withdraw the comment that the Hon. David Shoebridge is a piece of work, as he finds it offensive. However, I will continue with my criticism of Marrickville Council. In doing so, I will refer to a statement issued by the General Secretary of the United Services Union, of which I am a proud member. It would be interesting to know to what unions, if any, members behind me belong. Graeme Kelly, General Secretary of the United Services Union, stated:

"The actions of Marrickville Council today are reprehensible. This is an act of aggression against the council's own staff, taken straight out of the Peter Reith playbook.

The hypocrisy of Marrickville Council is absolutely breathtaking. The council is more concerned about the human rights of people in Palestine than the working rights of its own staff."

Mr Kelly said council workers walked off the job this morning in protest at Marrickville Council's plans to outsource green waste collection services.

"This is just the first step in a larger agenda to cut staff and outsource services at Marrickville.

"We can expect to see the council outsource the rest of its waste and recycling services in the near future, to contractors with fewer working rights and conditions.

"USU officials and delegates have also been instructed that they may only meet with aggrieved members during meal breaks, or before and after work hours."

Mr Kelly said outsourcing services was an attempt to cut costs at the expense of local jobs and the local community.

"We believe the council is sacrificing the jobs of its own employees to cut down on insurance and workers compensation costs.

"A responsible employer would cut these costs by focusing its efforts on providing a safer working environment and equipment for workers.

"Marrickville Council is out of control...

I must concur. The statement continues:

It's time it started putting its responsibility and obligations to the local community first.

As I said, the Marrickville Greens have form for this sort of thing. They have demonstrated that they have no principles. For the mayor and The Greens councillors to hide behind the excuse that it is an operational matter is a complete abrogation of their responsibilities. To say it is an operational matter and therefore has nothing to do with The Greens' councillors and The Greens' mayor is a whitewash. The mayor is in charge of the council. If she did not know what was going on then we should ask why she has been appointed as mayor and what responsibility she takes. What is the mayor doing? If she thinks that that excuse will wash with the United Services Union, the workers of Marrickville Council or the local community then she has another think coming.

This is a disgrace. A perusal of the history of the treatment of workers at Marrickville Council indicates that the first time action of this sort has been taken has been under the stewardship of The Greens and their mayor. She thinks she can get away with saying, "It's nothing to do with me. The general manager did it. I didn't know about it." What an absolute disgrace. She has been too busy protesting about minor things that have nothing to do with the ratepayers of Marrickville; she has been too busy campaigning long term for the seat of Marrickville.

Thank heavens the mayor of Marrickville lost her bid for a seat in the other place. She took her eye off the ball and did not worry about what was going on at the council. We have now arrived at this point and The Greens are using the "dog ate my homework" excuse. The mayor says that she did not know about it and that it is an operational matter. She has sent in scab labour. Either she does not have a good enough working relationship with her general manager to be informed or she does not want to know about it. That is enough to condemn her and it demonstrates her complete failure to fulfil her role. I can hear the Hon. Jeremy Buckingham prattling on behind me. I know he is from Orange and that he does not know how the inner-city Greens operate.

The Hon. Jeremy Buckingham: I live in Marrickville. I stay there overnight. Do you think I go home to Orange every night?

The Hon. AMANDA FAZIO: I thought the member lived at Orange. He stays overnight in Marrickville so he is now an expert on how the inner-city Greens operate. That is nothing to emulate or to take back to country New South Wales. I can hear the screams behind me. I know why The Greens are screaming like stuck pigs. It is because they have been caught out in an act of blatant hypocrisy. This is Greens' hypocrisy at its worst. This is the sort of thing that those of us who have been dealing with The Greens for a long time have come to expect and it is something that new members should be aware of.

The Greens have no principles; The Greens stand for nothing; The Greens will say or do anything to garner a little bit of support here and there. I do not mind being abused by The Greens because if that is happening I know I must be saying something right. I know full well that the motion moved by my colleague the Hon. Penny Sharpe is right and I urge all members to support it. The Greens can accuse me of throwing slime and accuse other members who speak in favour of this motion of all sorts of other things, but the simple fact of the matter is that the Marrickville Greens are at fault. The Greens members in this place can scream and protest all they want, but that will not change the truth.

We know that the Greens-controlled Marrickville Council sent in scab labour, told the United Services Union that it could not hold meetings with its members during working hours and escalated the dispute unnecessarily. That action deserves the condemnation of this House and that is why I believe it is the responsibility of all fair-minded members to support this motion and to ignore the vitriol and abuse that has come from The Greens. I cannot understand their obsession with Anthony Albanese and I am appalled by their sexist comments about the king and queen of Marrickville. They are a disgrace. The Greens pretend that they have higher standards than anyone else in politics, but their abuse and the comments they make prove that they are simply hypocrites.

The Hon. JEREMY BUCKINGHAM [12.28 p.m.]: I oppose this frivolous motion. This debate is a complete waste of this Chamber's time. This is obviously a positioning exercise on the part of the soft right of the Labor Party in the lead-up to the council—

The Hon. Robert Brown: The soft right?

The Hon. JEREMY BUCKINGHAM: Yes. The Labor Party does not have a left wing or a progressive wing. All it has done for decades is slowly become the Liberal Party. Unlike many members opposite who have been hiding in this Chamber for decades and have never done a day's work, I have spent the past 15 years working as a stonemason. That is hard work.

Mr David Shoebridge: Point of order: I would like to be able to hear Jeremy Buckingham's contribution. Madam Deputy-President, I ask you to call Coalition members to order.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! I ask all members, particularly those on the Government benches, to allow the member to be heard. I am sure that our visitors in the gallery would also like to hear the member with the call.

The Hon. JEREMY BUCKINGHAM: As a worker—

The Hon. Dr Peter Phelps: Were you a unionist?

The Hon. JEREMY BUCKINGHAM: No, I have never been a member of a union, but that was because of the nature of my employment. I worked for a family business and my father-in-law and I did our negotiations so there was no need for a union. But I would have proudly joined a union and entered a collective agreement if I had needed to. A lot of the time I was working, I was doing work for councils.

The Hon. Niall Blair: A contractor?

The Hon. JEREMY BUCKINGHAM: Yes, I was a contractor for councils.

The Hon. Rick Colless: A strikebreaker?

The Hon. JEREMY BUCKINGHAM: I was certainly not a strikebreaker. I recognised that councils do an enormous amount of work in the community that is unrecognised. Council workers do fantastic work and keep the wheels of our society in motion. The Greens do not support the contracting out of services.

The Hon. Robert Borsak: Then why do they do it?

The Hon. JEREMY BUCKINGHAM: Occasionally councils may decide to do that. Since I have been in this Chamber I have spent this time away from my family staying in the Marrickville local government area. What a fantastic place it is to live. When I first went there about 20 years ago it was different. There has been a renaissance and a renewal—

The Hon. Niall Blair: Bourgeoisification.

The Hon. JEREMY BUCKINGHAM: Some might call it bourgeois. If a high level of service, clean streets, public artwork, new pools, tree planting, community engagement, and an active and listening council is considered bourgeois then so be it. That local government area has been renewed and reinvigorated because of The Greens. We have ideas and we support—

[Interruption]

Yes, green waste is one of them.

The Hon. Robert Brown: You can't support Fiona Byrne on this.

The Hon. JEREMY BUCKINGHAM: I support Fiona Byrne wholeheartedly. We all know that this issue has been raised merely as a cheap political point-scoring exercise. During my time in this place all I have seen from this side and also from Labor is clichéd, lazy and clumsy attacks on The Greens. It is pathetic. I thought debate would be more erudite and considered, and focus on policy. But we hear that The Greens are anti-farmer, anti-worker and that we are going to live in caves. The reason the Labor Party is in so much trouble—especially the soft right—is that it does not resonate with the truth. The people in Marrickville wake up every day, they walk outside and they say, "Marrickville is becoming a better place to live because of The Greens." It is because of the hard work of people like Fiona Byrne and other Greens councillors and Greens members that our society is getting better. The Greens are not devoid of ideas. The Greens did not sell out its principles. The Greens stand for something.

The Hon. Penny Sharpe: Using scab labour is a party principle, is it?

The Hon. JEREMY BUCKINGHAM: We all know that is not the truth. We all know the mayor of Marrickville had no role in the decisions of management. They were operational—

[Interruption]

Where is the proof? Where is the memo from the mayor, or the resolution from the council? This was an operational matter and it is being resolved. The community is cohesive and it is functioning. This motion is a waste of time. It is a positioning exercise and a cheap slimy shot from the soft right of the Labor Party who are worried that it will not exist in a decade. The Labor Party is on the Albo slope to oblivion. But in Balmain, Byron Bay, and Marrickville communities will recognise the good ideas of The Greens, because we work hard.

The Hon. Matthew Mason-Cox: Point of order: The member is clearly delusional. I ask that you bring him back to the motion immediately.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! There is no point of order. Has the member concluded his remarks?

The Hon. JEREMY BUCKINGHAM: I have, Madam Deputy President.

The Hon. Dr PETER PHELPS [12.25 p.m.]: This has been troubling, so I ask us all to join together:

Arise, ye workers from your slumber,
Arise, ye prisoners of want.
For reason in revolt now thunders,
and at last ends the age of cant!
Away with all your superstitions,
Servile masses, arise, arise!
We'll change henceforth the old tradition,
And spurn the dust to win the prize!
So comrades, come rally,
And the last fight let us face.
The Internationale,
Unites the human race.
So comrades, come rally,
And the last fight let us face.
The Internationale,
Unites the human race.

When I got my first permanent job I became a member of the union, the sadly now defunct Australian Telecommunications Employee Association/Australian Telephone and Phonogram Officers Association which later merged with the—

Dr John Kaye: I heard of that once.

The Hon. Dr PETER PHELPS: Did you? It was the Telstra workers union at the time. It was a fine union, it was left wing and occasionally militant. I will give an example of one period of militancy. The evil monopolistic government corporation Telecom, as it then was, attempted to take away our hot canteen in our lunch room. Shame. Those evil government socialistic monopolists tried to take away our humble canteen. What did we do about it? Did we lie down and do nothing? No, we did not. We rolled up our sleeves, hoisted the red flag, formed the barricades and gave a rousing rendition of:

The people's flag is deepest red
It shrouded oft our martyred dead;
And ere their limbs grew stiff and cold
Their hearts' blood dyed to every fold.

That is what we did. We engaged in militant industrial action. But we did not seek to inconvenience the community. Surely that is one thing that a good trade unionist should seek to avoid. Instead we inconvenienced the top-hat wearing, morning-suited bosses of the socialist Telecom corporation. What did we do? We let through free calls. We put through free calls to wherever in the world anyone wanted. And it saved our canteen. It brought the top-hat wearing toffs to the bargaining table and we saved that canteen.

Dr John Kaye: Point of order: Do not let it be misunderstood, I am enjoying this rendition of one of my favourite songs, but I am struggling to find the relevance of this contribution to the motion of the Hon. Penny Sharpe.

The Hon. Helen Westwood: To the point of order: The motion before the House is about workers and I believe that the honourable member was speaking about workers, therefore he was being relevant.

Dr John Kaye: Given that the Labor Left is defending Mr Phelps's right to do this, I withdraw my point of order.

The Hon. Dr PETER PHELPS: I thought I would raise that as an example of my time as a proud member of a militant left-wing union in this country.

Dr John Kaye: Does Eric Abetz know about that?

The Hon. Dr PETER PHELPS: I thought you meant Eric Roozendaal. Strike action should always be a last resort if it results in inconvenience to the community. I go a little further back in time and instance the pilot strike in Australia. That was a good example of a silly attempt to try to negotiate wages. A much better way would have been to inconvenience the company. But that is in the past.

Dr John Kaye: Who was the Prime Minister during that strike?

The Hon. Dr PETER PHELPS: I think it was Bob Hawke, wasn't it?

Dr John Kaye: It was, yes.

The Hon. Dr PETER PHELPS: Bob Hawke, the friend of the workers; former ACTU leader. In the instance before us, was strike action absolutely necessary? A more effective tool would have been to have imposed a black ban on those streets where the offending councillors resided. The next door neighbours then could see the rancid piles of rubbish growing in their street. Surely that would have impacted on the councillors and negotiations then could have commenced. I do not deny the ability of workers to engage collectively in bargaining action; however, I would caution against unnecessary inconvenience to the public. In the remaining minutes of my contribution I offer to the strikers 12 pieces of advice based on Wikipedia's lyrics of Red Fly the Banners O:

Twelve for the hours of the Kremlin clock
Eleven for the Moscow Dynamos
Ten for the days that shook the world
And nine for the works of Lenin
Eight for the hours of a working day
Seven for the days of a five day week
And six for the Tolpuddle Martyrs
Five for the years of the Five-Year plan
And four for the Fourth International
Three, three, the rights of Man
Two, two, the worker's hands
Working for a living—O
One is workers' Unity
And evermore shall be so.

Dr JOHN KAYE [12.32 p.m.]: I oppose paragraph 1 of the motion. Missing from the motion is a statement at its base "Authorised by Emmanuel Tsardoulias ". This motion is not about workers' rights; it is about council elections in September next year.

The Hon. Robert Brown: Go on, prove it.

Dr JOHN KAYE: I will, but you will have to be patient.

The Hon. Robert Brown: I will.

Dr JOHN KAYE: Very good. This motion is not about defending workers' rights against outsourcing. If it were, two things would be different. First, Labor's track record on Marrickville Council would look particularly different and, second, I doubt whether we would have the same degree of support as we have had from luminaries of the anti-worker Right, such as Mr Pearce.

The Hon. Robert Brown: And Dr Phelps.

Dr JOHN KAYE: I have to admit that I am confused about Dr Phelps. Having heard him sing two canons of the union movement and learning that he belongs to the militant and fine union to which I once belonged, I need to revise my opinion of Dr Phelps. Perhaps he genuinely is a fifth columnist. This motion speaks of everything about the Albanese faction of the Labor Party. It contains a progressive, solid, left-wing proposition:

That this House condemns the use of contract labour to—

The Hon. Amanda Fazio: Point of order: I am insulted by being accused of being a member of the Albanese Left. I would like the comment withdrawn.

Dr JOHN KAYE: To the point of order: If in any way I tried to associate Amanda Fazio with the Albanese Left, I withdraw that. I know she is not a member of the Albanese Left; she is a member of the soggy Right.

The Hon. Amanda Fazio: I am a member of the hard Right.

Dr JOHN KAYE: I am sorry. I find it impossible to keep up with the factions of the Right.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! I am having difficulty keeping track of the internecine developments. Does the Hon. Amanda Fazio still take objection?

The Hon. Amanda Fazio: No, he has withdrawn it.

Dr JOHN KAYE: This motion represents precisely the Albanese faction of the Labor Party—a decent, progressive left-wing proposition:

That this House condemns the use of contract labour to undermine the rights of workers.

However, that proposition is used to support a grubby, short-term political objective on Marrickville Council. This motion contains many untruths: paragraph 1 is almost entirely untrue. The motion does not reflect the history of what happened in Marrickville Council. Paragraph 1 (a) states:

(a) Marrickville Council has a proud tradition of supporting day labour for its garbage, recycling and green waste services

I will inject a little fact into that statement. Under Labor, 80 per cent of the green waste services were provided by contract labour.

Mr David Shoebridge: It was 85 per cent.

Dr JOHN KAYE: I stand corrected. Contract casual labour provided 85 per cent of those services. It is not true to say:

Marrickville Council has a proud tradition of supporting day labour for its … green waste services.

Voting in support of that contention will undermine the entire integrity of the motion. Therefore, I foreshadow moving an amendment to the motion to delete the words, "and green waste services". Members certainly can vote for the motion as it stands, but paragraph 1 (a) demonstrates that the motion is completely counterfactual. Subparagraph (b) states:

(b) Marrickville Council is currently proposing to tender out its green waste services.

That is a nice story, but the council is not doing that. The General Manager of Marrickville Council proposed to tender out green waste services without the knowledge of the elected council. This motion and the comments of Opposition, Government, and Shooters and Fishers Party members deliberately confuse Marrickville Council and its administration—but I shall return to that shortly. The truth is that the General Manager of Marrickville Council issued an advertisement to tender out its green waste services. When the council found out, the general manager was instructed to repeal the advertisement. It is not true that Marrickville Council currently is proposing to tender out its green waste services. However, it is true that the General Manager of Marrickville Council at some point in the past proposed to tender out the green waste services. Subparagraph (d) of the motion states in part:

(d) Marrickville Council ... immediately brought in prearranged contract labour to carry out Council's resource and waste recovery services

That is not true. The General Manager of Marrickville Council brought in the council's long-term casual workforce, not prearranged contract labour.

Mr David Shoebridge: Labor's contract workforce.

Dr JOHN KAYE: As Mr Shoebridge correctly points out, this is Labor's long-term contract workforce. Many things have happened in this debate, including Labor members talking about the importance of day labour. This is the same Labor Party that casualised TAFE until 75 per cent of hours delivered at TAFE are delivered by—

The Hon. Jeremy Buckingham: Point of order: It is extremely difficult to hear Dr John Kaye's contribution.

Dr JOHN KAYE: Easy to follow, difficult to hear.

The Hon. Jeremy Buckingham: Yes. He is making a valuable contribution, highlighting the facts of this matter. Members should listen rather than shriek across the Chamber.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! I uphold the point of order. Members will listen in silence to the member with the call.

Dr JOHN KAYE: Subparagraph (e) states:

This action to use contracted labour was sanctioned by The Greens Mayor of Marrickville Council.

That is not true. The action to use contracted labour was not sanctioned by The Greens Mayor of Marrickville. Paragraph 1 of the motion is full of inaccuracy. Therefore, I move:

That the question be amended as follows:

No. 1 Omit paragraph 1 (a) and insert instead:

(a) Marrickville Council has a proud tradition of supporting day labour for its garbage and recycling services,".

No. 2 In paragraph 1 (b), insert "the General Manager of" before "Marrickville Council".

No. 3 In paragraph 1 (b), omit "is currently proposing" and insert instead "proposed".

No. 4 In paragraph 1 (d), omit all words after "in response to this action," and insert instead "the General Manager of Marrickville Council immediately brought in long term casual labour".

No. 5 In paragraph 1 (e), insert "not" before "sanctioned".

The Hon. Jeremy Buckingham: What about the Australian Building and Construction Commission?

Dr JOHN KAYE: I still have six minutes and forty seconds to get to that. Paragraph 2 is strongly supported by The Greens. As a member of the relevant union since I was 17 years old who still proudly maintains membership of the National Tertiary Education Union, as well as being a member of the Public Service Association, I strongly support paragraph 2. I am fascinated to hear the Hon. Sophie Cotsis support it. Before the Hon. Sophie Cotsis came to this Chamber she worked for Parsons Brinckerhoff. Parsons Brinckerhoff is one of the bottom-feeder companies that replaces public sector jobs with private sector jobs. If ever there was a member in this Chamber who has no right to talk about contracting out, it is the Hon. Sophie Cotsis, whose entire background is based on contracting out.

The Hon. Sophie Cotsis: Point of order: The honourable member should get his facts right.

DEPUTY-PRESIDENT (The Hon. Sarah Mitchell: Order! There is no point of order.

Dr JOHN KAYE: The facts stand. The Hon. Sophie Cotsis worked for Parsons Brinckerhoff and it is in the business of doing contract services for governments. That is how the Hon. Sophie Cotsis made her money.

[Interruption]

The Hon. Sophie Cotsis was not listening to what I was saying. I said she supported the House condemning the use of contract labour to undermine the rights of workers.

The Hon. Adam Searle: Point of order: The point of order is relevance. The matter before the House is not whether there should be contracting out of labour. The context is in using contract labour when there is an industrial dispute or employer-employee negotiations. Dr John Kaye is well outside the ambit of the debate. I would ask that he be called to order and directed to stick to the subject before the House.

Dr John Kaye: To the point of order. I refer you to the action paragraph, which states:

That this House condemns the use of contract labour to undermine the rights of workers.

If anybody in this Chamber has a black mark against their name it is those who worked for Parsons Brinckerhoff.

DEPUTY-PRESIDENT (The Hon. Sarah Mitchell: Order! There is no point of order. Members will come to order and allow the member with the call to be heard.

Dr JOHN KAYE: I wish to make two more observations and move one more separate amendment. We have heard about what Marrickville Council did and how The Greens control Marrickville Council. Let us inject fact into this debate. That is, Marrickville Council has five Greens members, but it also has four Labor members. All four Labor members voted for the boycotts, divestment and sanctions. That was not a Greens-only action but a Labor-Greens action. There are three independent members. The Greens do not have a majority on Marrickville Council. The Greens attempt to reach a consensus on Marrickville Council. It does not always work but that is the way it is on Marrickville Council. One cannot say Marrickville Council is Green; therefore everything that Marrickville Council does is the fault of The Greens.

The Hon. Greg Pearce: I am saying it.

Dr JOHN KAYE: The Minister can say it because the Minister is not all that concerned about reality. He was injecting stuff about honesty and integrity, but that is not his concern. He says the Mayor of Marrickville, Fiona Byrne, had an all expenses paid trip to Palestine.

The Hon. Greg Pearce: Is it true or not?

Dr JOHN KAYE: Of course it is not true.

The Hon. Greg Pearce: How do you know?

Dr JOHN KAYE: For goodness sake. I will return to the motion and make this observation: The last paragraph of the motion talks about the use of contract labour to undermine the rights—

The Hon. Robert Brown: Point of order: I cannot hear the member. The member's contribution to debate is critical to the vote on this motion because everybody needs to know how hypocritical The Greens are.

DEPUTY-PRESIDENT (The Hon. Sarah Mitchell: Order! I uphold the point of order. The Chair is having difficulty hearing the member with the call.

Dr JOHN KAYE: I will not take offence at being called a hypocrite because it comes from Robert Brown. The last paragraph of the motion relates to undermining the rights of workers.

The Hon. Adam Searle: Point of order: Dr John Kaye referred to the Hon. Robert Brown but not by his proper title. I invite the member to use the proper honorific.

Dr JOHN KAYE: The Hon. Robert Brown. I move:

That the question be amended by inserting at the end:

3. That this House calls on all parties to condemn the continued existence of the Australian Building and Construction Commission.

I do that because if we are talking about undermining the rights of workers, the Australian Building and Construction Commission—

DEPUTY-PRESIDENT (The Hon. Sarah Mitchell: Order! Dr Kaye, are you continuing to move your amendment?

Dr JOHN KAYE: I am moving a second amendment, calling on all parties to condemn the continued existence of the Australian Building and Construction Commission. That is the real attack on the rights of workers. The use of contract labour is an attack and so is the Federal Labor Government-sanctioned Australian Building and Construction Commission.

The Hon. MATTHEW MASON-COX (Parliamentary Secretary) [12.47 p.m.]: It has been a highly instructive debate today on an interesting and colourful motion. It has become self-evident to Government members that this is a continuation of the long-running demarcation dispute between The Greens and their new coalition partners in opposition. I am a little confused today as to who The Greens are railing against when speaking to this motion. Is it the soft Right of the Australian Labor Party, the soggy Right of the Australian Labor Party or is it the hard Right of the Australian Labor Party? Is it the Albo-Left or the soft Left or hard Left of the Australian Labor Party? It is a complicated situation.

It has become clear—despite whoever is named as the protagonist in this motion—The Greens and their new coalition partners on the opposition benches are in deep trouble. Since the two parties joined, the Australian Labor Party in Federal Parliament is disintegrating before us. That is a good thing. We hope to see that continue for some time. I am very much looking forward to the vote on this motion and seeing how those amendments are dealt with. I think we will see another chapter of the disintegration. I note the hypocrisy of The Greens in making the defence of worker's rights the centrepiece of the motion.

Two members of The Greens, Dr John Kaye and Mr David Shoebridge, spent 12 hours—5 hours 54 minutes and 6 hours, respectively—speaking to the Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011. That was 12 hours of self-immolation in relation to the rights of workers, marked by self-righteous arguments, sanctimonious calls for justice and defence of rights of people—

Dr John Kaye: Point of order: The member has accused me of bursting into flames. I take offence at that, and I asked him to retract his remark. I am sure Mr David Shoebridge also would be offended by the idea that he set himself alight during that debate. Neither of us did.

The Hon. MATTHEW MASON-COX: To the point of order: I understand the sensitivity of the member on that very important matter, but the House would understand that I used a metaphor. If the member could have burst into flames, he would have.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Dr John Kaye has taken exception to the use of the words and I ask the Hon. Matthew Mason-Cox to withdraw them.

The Hon. MATTHEW MASON-COX: If the words offend the member, I withdraw them. The hypocrisy of The Greens has been laid bare in relation to this motion. It is clear to members on this side of the House that that hypocrisy will be self-evident in many future debates. I note in particular the amendment moved by the Hon. Robert Borsak condemning the call by the Marrickville council Greens mayor, Fiona Byrne, for the New South Wales Greens to support the rights of workers in all industries throughout the State. That amendment by the Hon. Robert Borsak is sensible, and the Government will support it. I need not say much in relation to the current mayor of Marrickville council; I think enough has been said about her disgraceful actions, particularly her call for a boycott of Israel—yet another example of attempts at denial of the legitimate rights of workers in this State to work for companies that provide legitimate products to councils, and seeking to black-ban them because they have also supplied products to the State of Israel. That is an absolute disgrace. I commend the amendment to the House.

The Hon. HELEN WESTWOOD [12.53 p.m.]: I support the motion moved by the Hon. Penny Sharpe. I want to add my support to the workers of Marrickville council. I would like to relate a story about the Hon. Dr Peter Phelps's rendition of the Internationale and the Red Flag; unfortunately we do not have time for that, so I will keep that story for another time. The fact is that The Greens-controlled Marrickville council has to take responsibility for this breakdown in industrial relations with its workers. I heard all the objections from The Greens, but they have to accept that one cannot defend the indefensible. I am one of those in my party who acknowledges when we have done something wrong, and I will not defend the indefensible. I strongly advise The Greens to do the same. Sometimes political parties get it wrong, and in this case The Greens party has got it wrong. Bringing in scab labour during an industrial dispute is unethical and morally wrong, and The Greens have to accept that. In fact, their refusal to do so is a badge of shame, and it is a badge of shame that they will have to wear.

[The Deputy-President (The Hon. Jennifer Gardiner) left the chair at 12.55 p.m. The House resumed at 2.00 p.m.]

Pursuant to sessional orders business interrupted at 2.00 p.m. for questions.