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INDUSTRIAL DEMOCRACY BILL 1981

Order of the Day read for the adjourned debate on the Question--That this Bill be now read a second time.

Debate resumed.

Question--put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

Senator Siddons, by leave, moved the following amendments together:

Page 2, clause 3, line 4, after ""promote'', insert ""the devolution of decision-making power and authority,''.

Page 5, clause 20, line 9, after ""Board'', insert ""exhibits a marked degree of industrial democracy in its structure and operations and''.

Page 5, clause 20, paragraph (a), leave out the paragraph, insert the following paragraph:

""(a) at least 5 per cent of the issued share capital of the enterprise is--

(i) owned by a substantial proportion of the non-executive employees of the enterprise, or

(ii) held by a substantial proportion of the non-executive employees of the enterprise under contract of sale through an employee share purchase trust,''.

Page 5, clause 20, paragraph (a), at end of paragraph, add ""and such share capital has been allocated, in the case of a public enterprise, at an effective price at least 25 per cent lower than the market price of such share capital prevailing at the time of allocation, or has, in the case of a private enterprise or enterprise not listed on a stock exchange, been allocated at a price assessed by an independent valuer;''.

Page 5, clause 20, paragraph (b), sub-paragraph (i), line 16, leave out ""50'', insert ""100''.

Page 5, clause 20, paragraph (c), line 32, after ""proportion'', insert "", not less than 8 per cent,''.

Page 5, clause 20, paragraph (d), line 34, after ""enterprise,'', insert ""and operates''.

Page 6, clause 20, paragraph (d), sub-paragraph (v), line 5, leave out ""or other matters which should be considered by trade unions.'', insert "", and matters which may be considered by the council may also be considered by trade unions, and''.

Page 6, clause 20, paragraph (d), after sub paragraph (v), add the following new sub- paragraph:

""(vi) the council is given, at least every six months, information relating to the profits and costs systems of working groups and of the enterprise.''.

Page 6, clause 20, at end of clause, add the following new sub-clauses:

""(2) The Board may determine criteria, similar to the criteria in sub-section (1), which the Board considers appropriate to enable the Board to assess whether an enterprise with less than 25 non-executive employees should be listed in the register.

""(3) Where an enterprise which has less than 25 non-executive employees is not listed in the register under sub-section (1) by reason only that it does not substantially comply with the criteria in that sub-section, the Board may, if it is satisfied that that enterprise substantially complies with criteria determined by the Board under sub-section (2), list that enterprise in the register.

""(4) Criteria determined by the Board under sub-section (2) shall be notified in the Gazette and shall be made reasonably available to enterprises.

""(5) for the purposes of this section, an enterprise shall be taken to substantially comply with criteria if it complies with a majority of those criteria including, in the case of the criteria specified in sub-section (1), the criterion in paragraph (b) of that sub-section.

""(6) Notwithstanding anything contained in this section, where the Board is satisfied that the compliance of an enterprise with criteria contained in or determined under this section is compliance which does not promote the purpose of this Act, the Board may decline to list that enterprise in the register.

""(7) Notwithstanding anything contained in this section, the Board shall not list in the register any enterprise which has less than 10 non-executive employees.''.

Page 6, after clause 24, insert the following new clause:

""24A. A decision by the Board to list an enterprise in the register or to remove the name of an enterprise from the register--

(a) is final and conclusive;

(b) shall not be challenged, appealed against, reviewed, quashed or called in question in any court;

(c) is not subject to prohibition, mandamus or injunction in any court on any account; and

(d) notwithstanding anything contained in the Administrative Decisions (Judicial Review) Act 1977, is not subject to review under that Act.''.

Page 7, clause 27, sub-clause (2), lines 18 to 27 leave out ""tax payable'' (wherever occurring), insert ""rate at which tax is payable".

Page 7, clause 28, sub-clause (1), line 27, at end of sub-clause, add: ""to promote the purpose of this Act''.

Page 7, clause 28, after sub-clause (1), insert the following new sub-clause:

""(1A) Guidelines may be made under sub-section (1) for the purpose of ensuring that compliance by enterprises with criteria contained in or determined under section 20 is not mere technical compliance, but is compliance which promotes the purpose of this Act, and, without limiting the generality of the foregoing, those guidelines may be made for the purpose of--

(a) clarifying and interpreting the distinction in this Act between executive and non-executive employees as required by any provision of this Act; (b) ensuring that ownership or holding of shares by or on behalf of non- executive employees is not concentrated to a degree which would frustrate the purpose of this Act; and

(c) ensuring that any profit-sharing scheme is bona fide.''.

Page 5, clause 20, paragraph (d), sub-paragraph (i), line 37, leave out ""weekly paid'', insert ""non-executive''.

Page 6, clause 23, sub-clause (1), lines 25 and 26, leave out ""in section 20'', insert ""by reason of the substantial compliance with which that enterprise was registered''.

Page 6, clause 23, sub-clause (2), lines 30 and 31, leave out ""Where it appears to the Board that a registered enterprise no longer substantially complies with the criterion set out in paragraph 20 (a)'', insert ""Where it appears to the Board that a registered enterprise which complied with the criterion set out in paragraph 20 (a) when that enterprise was registered no longer substantially complies with that criterion''.

Page 7, clause 28, sub-clause (1), line 27, after ""contained in'', insert ""or determined under''.

Debate ensued.

Senator Siddons, by leave, withdrew the following amendment:

Page 5, clause 20, paragraph (c), line 32, after ""proportion'', insert "", not less than 8 per cent,''.

The Leader of the Opposition in the Senate (Senator Button), by leave, moved the following amendments to Senator Siddons' amendments together:

Clause 20, proposed new paragraph (a), leave out ""5 per cent'', insert ""8 per cent''.

Clause 20, proposed new sub-clause (5), leave out the sub-clause, insert the following sub-clause:

""(5) If in the opinion of the Board an enterprise cannot for whatever reason meet all four criteria set out in sub-section (1), at the discretion of the Board that enterprise may be listed in the register if it complies with only three of those criteria, if in the opinion of the Board the listing of that enterprise in the register would be consistent with the purpose of this Act.''.

Question--That the amendments (Senator Button's) be agreed to--put and passed.

Question--That the amendments (Senator Siddons'), as amended, be agreed to--put and passed.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy-President (Senator Mulvihill) resumed the Chair; and the Temporary Chairman of Committees (Senator Townley) reported accordingly.

On the motion of Senator Siddons the Report from the Committee was adopted.

Senator Siddons, by leave, moved--That this Bill be now read a third time.

Debate ensued.

Question--put and passed.

Bill read a third time.