LEIGH SALES: As we saw earlier, Work Choices has once again been the story of the day in this election campaign. Kevin Rudd's promising to repeal the controversial industrial relations laws and accusing John Howard of possibly planning to expand them further. The Prime Minister promises that's not the case and there's talk that the independent minded National Party Senator Barnaby Joyce may side with Labor on reforms to Work Choices if Kevin Rudd wins the election on Saturday.

Senator Joyce has spent much of the campaign in his home State of Queensland and believes the polls predicting a Labor landslide aren't an accurate reflection of the mood in the electorate. I spoke to Barnaby Joyce just a short time ago. He was in Mackay.

Senator, thank you very much for your time this evening.

SENATOR BARNABY JOYCE, NATIONALS: You're welcome, Leigh.

LEIGH SALES: Work Choices have never been far from the top of the agenda during this campaign and they've dominated again today, if Kevin Rudd wins the election on Saturday, does that give him a mandate to repeal Work Choices?

BARNABY JOYCE: Well, I think the role of the Senate always is to look at whatever comes from the Lower House to the Upper House regardless of who sends it. You have to look at the legislation and then review and amend it and make the decision on that basis, that is the process of having a bicameral system.

LEIGH SALES: But does Kevin Rudd have a mandate though? This is about whether Kevin Rudd has a mandate.

BARNABY JOYCE: What is the legislation that is actually going to come forward? We have to, the last thing that anybody should do is to start approving or not approving any legislation that is currently unseen and so when the legislation is seen, then a clear statement can be made.

I can understand there's been a lot of conjecture since the report in the Australian this morning but the facts are that I voted for WorkChoices in the first place, that's something we should put on the tables to be honest about it, so did everybody else, and if there's an alternate piece of legislation that may happen, then we will look at that when it arrives in the Senate. What I would say that prior to that period of time that we have to have a general election and that will be based on whether the management of the Labor Party in Queensland should be endorsed and become the management of Australia and I hope that's not the case, considering the complete problems that we have here in Queensland with our debt, with our water, with so many of the issues even with the potential criminality of local government members and councillors who dare to dissent from a Labor government.

LEIGH SALES: Let's stick with WorkChoices for a moment. You're quoted in the media today as saying that you'll cross the floor to vote with the ALP on their industrial relations policy, are you saying now that's not the case?

BARNABY JOYCE: Well, I don't think I ever said that. I think that might have been commentary rather than a comment. Certainly you will, any piece of legislation that comes into the Senate, you should give it its due consideration and all the consideration that entails and then on behalf of your State review and amend it and make your judgment then.

LEIGH SALES: But we know that Labor has said it is going to repeal WorkChoices as they stand. Will you or will you not support them if they repeal WorkChoices?

BARNABY JOYCE: I will certainly make that decision after they table the legislation.

LEIGH SALES: Do you see much difference between Labor and the Coalition?

BARNABY JOYCE: Even Mr Rudd at this point of time is not throwing out hollus bollus as he said. He's amending it, changing it, even AWAs will stay in place and if he was elected and continue on till they get to their term of expiry. Where we have now with a fairness test at $75,000 and below, all the award conditions have to be overseen by the Workplace Authority. There is a lot of similarities for those below $75,000 and that means that the so-called onerous conditions that the Labor Party is successfully pedalling in this fear campaign are not necessarily there because of the oversight of the Workplace Authority for those who earn less than $75,000 a year.

LEIGH SALES: The Coalition is refusing to release documents outlining the options they're considering on WorkChoices. We live in a democracy, we the public vote in the government, why don't we have a right to see all the options the Coalition has considered?

BARNABY JOYCE: Well, these so-called options A, B, C and D are from two years ago and furthermore they're amongst a myriad of things that may or may not have happened. We don't even know what's in them. They are no more than political thoughts and if someone is going to persecute you on political thoughts then that becomes a very peculiar campaign.

I have thoughts all the time. I see people walking down the street, passing in the other direction. I have thoughts about them but I hope I don't get judged about them and I hope I don't have to display my thoughts to all and sundry. You would expect a government to be robust and to consider all the alternatives.

Quite obviously the Prime Minister had taken one alternative, which is the fairness test, which I think delivers the result that we want, which is people who earn under $75,000 a year are basically exempt from any of the problems that the Labor Party, through the union movement, are pedalling, and we're getting the Workplace Authority I think, have been more than vigilant in their oversight of so many of these AWAs.

LEIGH SALES: But by refusing to release these documents, the Coalition have, of course, hands Labor an opportunity to mount its own scare campaign saying well don't vote for John Howard because we don't know what's in these documents, we don't know what he might be planning further on WorkChoices. Is that ammunition that they need at this point?

BARNABY JOYCE: Well it's speculation. I mean the Labor Party in Queensland, the nest from which these two other birds, Mr Rudd and Mr Swan have flown, are notorious for locking things up in cabinet. Every time something gets a bit difficult they lock things up in cabinet and these are decisions of the day that should be seen.

This was no more than a point of consideration. It was no more than part of the process of the government in being robust and putting all the alternatives before them. It was two years ago. The Prime Minister obviously made a very clear decision. We had the fairness test. I don't think anybody wants us to throw out the fairness test. The fairness test is good policy. In fact it's been extremely effective in delivering a fair outcome for all those employees who earn less than $75,000 a year. Basically putting them on par with the award conditions.

LEIGH SALES: Alright, I want to talk specifically about the campaign. Has the Coalition run an effective campaign? Is it cutting through? Is their message getting through?

BARNABY JOYCE: Well, the determinants of that are the people who will on Saturday will do what a democracy allows you to do and go and vote. I would never be so bold as to second guess what they will decide to do. I hope that if we - that we are humbled by their vote but - and that we have the ability to do some things further with this nation over the next three years, but it is their choice and that is the purpose of democracy. What I will say is this will be extremely tight and I believ