Senator MARGETTS(6.55 p.m.) —I move:

(22)   After section 170VM, insert:

170VMA Possible disadvantages may be rectified by undertakings

   (1)   Where the Commission forms the view that the effect of an agreement made under this Division would be to disadvantage employees who, for any reason, may not have had their interests sufficiently considered in the making of the agreement, the Commission may make an award to rectify such disadvantage.

   (2)   For the purposes of subsection (1), and without limiting its generality, an employee may not have had his or her interests sufficiently considered because they fall into one or more of the following classes of employee:

      (a)   women;

      (b)   persons whose first language is not English;

      (c)   young persons;

      (d)   part-time or casual employees;

      (e)   persons with disabilities.

   (3)   If under this section, the Commission forms the view that the effect of an agreement made under this Act is to disadvantage employees, the Commission may accept an undertaking from one or more persons who made the agreement in relation to the operation of the agreement and, if satisfied that the undertaking has the effect of removing the disadvantage identified by the Commission, may refuse to make an order under subsection (1).

   (4)   The Commission's powers and jurisdiction are unrestrained by any other provision of this Act when acting pursuant to this section.

(Replaces amendment 54 in document 183)

The inclusion of the clause 170VMA empowers the commission to make an award to rectify any disadvantage it considers may be occasioned to employees as a consequence of making an agreement. Subclause (2) identifies by way of example those employees who have proven to have their interests insufficiently taken account of in bargaining.

Subclause (3) enables the commission to accept an undertaking to rectify the identified disadvantage rather than require it to make an award or order. Subclause (4) makes it clear that the commission's power to rectify the disadvantage is not limited by prohibitions on the commission's powers elsewhere in the act, most notably but not exclusively at section 89A.

Amendment negatived.