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Wednesday, 8 August 2001
Page: 25820


Senator MURRAY (9:38 AM) —by leave—I move amendments Nos 6, 7 and 8 on sheet 2000:

(6) Schedule 1, item 13, page 6 (line 32) to page 7 (line 9), omit the item, substitute:

13 At the end of subsection 170CF(2)

Add:

; and (d) if the Commission considers, having regard to all the materials before the Commission, that the application has no reasonable prospect of success, it must advise the parties accordingly.

(7) Schedule 1, item 14, page 7 (lines 15 to 17), omit paragraph (3)(b), substitute:

(b) the Commission has indicated that the applicant's claim in respect of the ground so referred has no reasonable prospect of success;

(8) Schedule 1, item 14, page 7 (lines 27 and 28), omit “a substantial prospect of being unsuccessful”, substitute “no reasonable prospect of success”.

These amendments relate to items 13 and 14 of the bill and, effectively, they substitute the words `no reasonable prospect of success' and omitting `a substantial prospect of being unsuccessful'. The intention, as those senators who recall my minority report way back when, was to ensure that both employers and employees recognise that they should enter the jurisdiction of the Industrial Relations Commission with regard to these matters only if there was a reasonable prospect of success—in other words, to omit items which, on the balance of probabilities, would be unlikely to succeed at arbitration. The effect of our proposed amendments will be to prevent an applicant from proceeding to arbitration if his or her claim in respect of harsh, unjust or unreasonable termination were to be applied where the commission would find that the application does not have a reasonable prospect of success. Before making its findings the commission would be required to give the applicant the opportunity to provide further material in support of his or her claim in respect of the grounds of harsh, unjust or unreasonable terminations. These really cover the field all the way up to item 22 of the bill.