Senator SHERRY (Deputy Leader of the Opposition in the Senate)(6.24 p.m.) —by leave—We are not proceeding with opposition amendment No. 138 but I move:

(140)   Schedule 9, item 19, page 91 (line 8), omit "6 months", substitute "12 months".

(141)   Schedule 9, item 19, page 91 (lines 12 to 22), omit subsection (4), substitute:

   (4)   The Commission must, by order, approve the termination of the agreement if, and must not approve the termination unless, it is satisfied that:

      (a)   a valid majority of persons employed at the time whose employment is subject to the agreement has genuinely approved the termination; and

      (b)   it would be in the public interest for the agreement to be terminated.

(142)   Schedule 9, item 19, page 91 (lines 25 to 26), omit "on or before its nominal expiry date ".

(143)   Schedule 9, item 19, page 91 (lines 27 to 31), omit subsection 170MG(1), substitute:

   (1)   The employer and one or more organisations bound by the agreement may, at any time, in writing, terminate the agreement.

(144)   Schedule 9, item 19, page 93 (lines 1 to 5), omit subsection 170MG(3), substitute:

   (3)   The Commission must, by order, approve the termination of the agreement if, and must not approve the termination unless, it is satisfied that:

      (a)   a valid majority of persons employed at the time whose employment is subject to the agreement has genuinely approved the termination; and

      (b)   it would be in the public interest for the agreement to be terminated.

Amendments negatived.

Amendments (by Senator Campbell)—by leave—proposed:

(101)   Schedule 9, item 19, page 92 (lines 8 to 27), omit section 170MH, substitute:

170MH Terminating a certified agreement in public interest after nominal expiry date

(1)   After the nominal expiry date of a certified agreement:

   (a)   the employer; or

   (b)   a majority of the employees whose employment is subject to the agreement; or

   (c)   an organisation of employees that is bound by the agreement and that has at least one member whose employment is subject to the agreement;

   may apply to the Commission to have the agreement terminated.

(2)   On receiving the application, the Commission must take such steps as it considers appropriate to obtain the views of persons bound by the agreement about whether it should be terminated.

(3)   If, after complying with subsection (2), the Commission considers that it is not contrary to the public interest to terminate the agreement, the Commission must, by order, terminate the agreement.

(4)   The termination takes effect when the Commission's order takes effect.

170MHA Terminating an agreement in a way provided under agreement after nominal expiry date

(1)   If:

   (a)   a certified agreement makes provision for it to be terminated if certain conditions are met; and

   (b)   those conditions are met after the agreement's nominal expiry date has passed;

   any of the persons mentioned in subsection (2) may apply to the Commission to have the termination approved.

(2)   The persons are:

   (a)   the employer; or

   (b)   an employee whose employment is subject to the agreement; or

   (c)   an organisation of employees that is bound by the agreement and that has at least one member whose employment is subject to the agreement.

(3)   If the Commission is satisfied that the requirements of paragraphs (1)(a) and (b) are complied with, it must, by order, approve the termination.

(4)   If the Commission does so, the agreement terminates when the Commission's order takes effect.

(70)   Schedule 9, item 13, page 70 (line 13), omit "or terminated the agreement,", substitute "the agreement".

(71)   Schedule 9, item 13, page 70 (lines 22 and 23), omit "or terminate the agreement,", substitute "the agreement".

(72)   Schedule 9, item 13, page 70 (line 25), omit "or terminating the agreement,", substitute "the agreement".

(75)   Schedule 9, item 19, page 75 (line 6), omit paragraph (b).

(76)   Schedule 9, item 19, page 75 (line 15), omit "or terminate the agreement,", substitute "the agreement".

(77)   Schedule 9, item 19, page 75 (lines 21 and 22), omit "or terminate the agreement,", substitute "the agreement".

The CHAIRMAN —The question therefore is that the amendments be agreed to but not before Senator Sherry has the opportunity to move an amendment to one of them.

Amendment (by Senator Sherry) negatived:

(2)   Amendment 101, page 26, omit subsection 170MH(3), substitute:

   (3)   If, after complying with subsection (2), the Commission considers that it is in the public interest to terminate the agreement, the commission must, by order, terminate the agreement.

The CHAIRMAN —The question now is that the amendments moved by Senator Campbell be agreed to.

Question resolved in the affirmative.