Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

5       Fair Work Amendment Bill 2014

Order of the day read for the further consideration of the bill in committee of the whole.

 

 

 

In the committee

Consideration resumed of Schedule 1, items 28 and 30 to 39.

Debate resumed.

Question—That Schedule 1, items 28 and 30 to 39 stand as printed—put.

The committee divided—

AYES, 33

Senators—

Abetz

Edwards

Macdonald

Ronaldson

Back

Fawcett

Madigan

Ryan

Bernardi

Fierravanti-Wells

McGrath

Scullion

Birmingham

Fifield

McKenzie

Seselja

Bushby

Heffernan

Muir

Smith

Canavan (Teller)

Lazarus

Nash

Wang

Cash

Leyonhjelm

Parry

Williams

Colbeck

Lindgren

Reynolds

Xenophon

Day

 

 

 

NOES, 29

Senators—

Brown

Hanson-Young

McEwen

Rice

Bullock

Lambie

McKim

Siewert

Cameron

Lines

McLucas

Simms

Carr

Ludlam

Moore

Singh

Collins

Ludwig

O’Neill

Urquhart (Teller)

Dastyari

Marshall

Polley

Waters

Di Natale

McAllister

Rhiannon

Whish-Wilson

Gallacher

 

 

 

Items agreed to.

Senator Day moved the following amendments together by leave:

Schedule 1, item 33, page 14 (lines 23 and 24), omit “the prevailing pay and conditions within the relevant industry for equivalent work”, substitute “the pay and conditions for work performed in similar circumstances, but takes into account the particular circumstances and needs of the employees and the employers who will be covered by the agreement and the enterprise to which the agreement relates”.

Schedule 1, item 33, page 14 (lines 25 to 27), omit the note.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 3

Senators—

Day (Teller)

Leyonhjelm

Wang

 

 

NOES, 41

Senators—

Back

Hanson-Young

McKenzie

Ryan

Brown

Lazarus

McKim

Siewert

Bullock

Lindgren

Moore

Simms

Bushby

Lines

Muir

Sinodinos

Cameron

Ludlam

Nash

Smith

Canavan

Ludwig

O’Neill

Urquhart (Teller)

Cash

Macdonald

Polley

Waters

Colbeck

Madigan

Reynolds

Whish-Wilson

Di Natale

Marshall

Rhiannon

Williams

Fifield

McGrath

Rice

Xenophon

Gallacher

 

 

 

Question negatived.

Senator Cameron moved the following amendment:

Schedule 1, page 16 (after line 15), after item 48, insert:

48A  After subsection 240(3)

Insert:

FWC may deal with greenfields agreement dispute

  (3A)   The FWC may deal with a dispute about a proposed single-enterprise agreement that is a greenfields agreement on its own initiative if the FWC is satisfied that it is in the public interest to do so.

48B  Before subsection 240(4)

Insert:

Bargaining representatives may agree that FWC can arbitrat e

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

On the motion of Senator Lazarus the following amendment was debated and agreed to:

Page 3 (after line 11), after clause 3, insert:

4   Review of the operation of amendments

     (1)   The Minister must cause an independent review of the operation of the amendments made by Part 5 of Schedule 1 to be undertaken and completed within 2 years after the commencement of that Part.

     (2)   The review must consider:

                              (a)  the effect of the amendments made by Part 5 of Schedule 1; and

                              (b)  any other related matter that the Minister specifies.

     (3)   The person who undertakes the review must give the Minister a writt en report of the review.

     (4)   The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sittings days of receiving it.

Senator Cameron moved the following amendment:

Schedule 1, item 50, page 17 (lines 5 to 14), omit paragraph 255A(1)(d), substitute:

                              (d)  the following provisions do not apply in relation to the agreement at any time after the end of the notified negotiation period:

                                                  (i)   sections 229 and 230 (which deal with bargaining orders);

                                                 (ii)   sections 234 and 235 (which deal with serious breach declarations); and

Question—That the amendment be agreed to—put and negatived.

Senator Cameron moved the following amendments together by leave:

Schedule 1, Part 5, page 17 (after line 33), at the end of the Part, add:

52A  After Division 4 of Part 2-5

Insert:

Division 4A Greenfields workplace determinations

271B   Applications for greenfields workplace determination

Application of this section

     (1)   This section applies if:

                              (a)  a proposed single-enterprise agreement is a greenfields agreement; and

                              (b)  there has been a notified negotiation period for the agreement; and

                               (c)  the notified negotiation period ends; and

                              (d)  one or more of the bargaining representatives for the agreement are unable to reach agreement on the terms that should be included in the agreement.

Bargaining representative may apply for greenfields workplace determination

     (2)   A bargaining representative for the agreement may apply to the FWC for a determination (a greenfields workplace determination ).

     (3)   An application for a greenfields workplace determination must specify the following:

                              (a)  the terms that the bargaining representatives concerned have, at the time of the application, agreed should be included in the agreement;

                              (b)  the matters at issue at the time of the application;

                               (c)  the employers that will be covered by the determination;

                              (d)  the employees who will be covered by the determination;

                               (e)  each employee organisation that is a bargaining representative of those employees.

271C   When the FWC must make a greenfields workplace determination

     (1)   If:

                              (a)  an application for a greenfields workplace determination has been made; and

                              (b)  the FWC is satisfied that:

                                                  (i)   the bargaining representatives for the proposed agreement are genuinely unable to reach agreement on the terms that should be included in the agreement; and

                                                 (ii)   there is no reasonable prospect of agreement being reached; and

                                                (iii)   the bargaining representative who made the application has met, or is meeting, the good faith bargaining requirements; and

                                                (iv)   the bargaining representatives that are employee organisations that (taken as a group) are entitled to represent the industrial interests of a majority of the employees who will be covered by the agreement, in relation to work to be performed under the agreement; and

                                                 (v)   the bargaining representative who made the application has exhausted all other reasonable alternatives to reach agreement on the terms that should be included in the agreement; and

                                                (vi)   it is in the public interest to make the determination;

the FWC must make a greenfields workplace determination as quickly as possible.

Note:         The FWC must be constituted by a Full Bench to make a greenfields workplace determination (see subsection 616(4)).

     (2)   In deciding whether or not the bargaining representatives have exhausted all other reasonable alternatives to reach agreement on the terms that should be included in the agreement, the FWC may take into account any matter the FWC considers relevant, including whether the FWC has provided assistance under section 240 in relation to the agreement.

271D   Terms etc. of a greenfields workplace determination

Basic rule

     (1)   A greenfields workplace determination must comply with subsection (4) and include:

                              (a)  the terms set out in subsections (2) and (3); and

                              (b)  the core terms set out in section 272; and

                               (c)  the mandatory terms set out in section 273.

Note:         For the factors that the FWC must take into account in deciding the terms of the determination, see section 275.

Agreed terms

     (2)   The determination must include the agreed terms (see subsection 274(4)) for the determination.

Terms dealing with the matters at issue

     (3)   The determination must include the terms that the FWC considers deal with the matters that were still at issue at the end of the notified negotiation period.

Coverage

     (4)   The determination must be expressed to cover:

                              (a)  each employer that would have been covered by the proposed single-enterprise agreement that is a greenfields agreement; and

                              (b)  the employees who would have been covered by that agreement; and

                               (c)  each employee organisation (if any) that was a bargaining representative of those employees.

271E   No other terms

             A greenfields workplace determination must not include any terms other than those required by subsection 271D(1).

52B  Subsection 272(2)

Repeal the subsection, substitute:

     (2)   The determination must include a term specifying a date as the determination’s nominal expiry date, which must not be more than:

                              (a)  for a greenfields workplace determination—2 years after the date on which the determination comes into operation; or

                              (b)  for a workplace determination other than a greenfields workplace determination—4 years after the date on which the determination comes into operation.

52C  At the end of section 274

Add:

Agreed term for a greenfields workplace determination

     (4)   An agreed term for a greenfields workplace determination is a term that the bargaining representatives for the proposed single-enterprise agreement that is a greenfields agreement had, at the end of the notified negotiation period, agreed should be included in the agreement.

Note:         The determination must include an agreed term (see subsection 271D(2)).

52D  Paragraph 275(b)

After “low-paid workplace determination”, insert “or a greenfields workplace determination”.

52E  Paragraph 275(c)

Omit “other than a low-paid workplace determination”, substitute “other than a determination covered by paragraph (b)”.

52F  After paragraph 275(c)

Insert:

                            (ca)  for a greenfields workplace determination—whether the determination, on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work;

52G  Paragraph 275(e)

Repeal the paragraph, substitute:

                               (e)  for a greenfields workplace determination—how productivity might be maximised in the enterprise concerned;

                            (ea)  for a workplace determination other than a greenfields workplace determination—how productivity might be improved in the enterprise or enterprises concerned;

Schedule 1, page 11 (after line 6), after item 20, insert:

20A  Section 12

Insert:

greenfields workplace determination : see subsection 271B(2).

Schedule 1, page 11 (after line 10), after item 21, insert:

21A  Section 12 (paragraph (c) of the definition of workplace determination )

Omit “determination.”, substitute “determination; or”.

21B  Section 12 (definition of workplace determination )

At the end of the definition, add:

                              (d)  a greenfields workplace determination.

21C  At the end of section 171

Add:

Note:         A greenfields workplace determination may be made in specified circumstances under Division 4A of Part 2-5 if the bargaining representatives for a proposed enterprise agreement that is a greenfields agreement are unable to reach agreement.

Schedule 1, page 17 (after line 18), after item 50, insert:

50A  Section 258

After:

(b)    after the end of the post-declaration negotiating period, the bargaining representatives for the agreement have not settled the matters that were at issue during bargaining for the agreement.

Insert:

Division 4A deals with greenfields workplace determinations. Bargaining representatives for a proposed single-enterprise agreement that is a greenfields agreement may apply to the FWC for such a determination if they are unable to reach agreement on the terms that should be included in the agreement.

Question—That the amendments be agreed to—put and negatived.

Question—That the bill, as amended, be agreed to—put.

The committee divided—

AYES, 33

Senators—

Abetz

Fawcett (Teller)

Madigan

Ryan

Back

Fierravanti-Wells

McGrath

Scullion

Bernardi

Fifield

McKenzie

Seselja

Bushby

Heffernan

Muir

Sinodinos

Canavan

Lazarus

Nash

Smith

Cash

Leyonhjelm

Parry

Wang

Colbeck

Lindgren

Reynolds

Williams

Day

Macdonald

Ronaldson

Xenophon

Edwards

 

 

 

NOES, 29

Senators—

Brown

Gallagher

McEwen (Teller)

Rice

Bullock

Hanson-Young

McKim

Siewert

Cameron

Lambie

McLucas

Simms

Carr

Ludlam

Moore

Singh

Collins

Ludwig

O’Neill

Urquhart

Dastyari

Marshall

Polley

Waters

Di Natale

McAllister

Rhiannon

Whish-Wilson

Gallacher

 

 

 

Question agreed to.

Bill to be reported with amendments.

 

 

 

The President resumed the chair and the Chair of Committees (Senator Marshall) reported accordingly.

On the motion of the Minister for Employment (Senator Cash) the report from the committee was adopted.

Senator Cash moved—That this bill be now read a third time.

Question put.

The Senate divided—

AYES, 33

Senators—

Abetz

Fawcett (Teller)

Macdonald

Ryan

Back

Fierravanti-Wells

Madigan

Scullion

Bernardi

Fifield

McGrath

Seselja

Bushby

Heffernan

McKenzie

Sinodinos

Canavan

Johnston

Muir

Smith

Cash

Lazarus

Nash

Wang

Colbeck

Leyonhjelm

Reynolds

Williams

Day

Lindgren

Ronaldson

Xenophon

Edwards

 

 

 

NOES, 30

Senators—

Brown

Gallagher

McKim

Rice

Bullock

Hanson-Young

McLucas

Siewert

Cameron

Lambie

Moore

Simms

Carr

Ludlam

O’Neill

Singh

Collins

Ludwig

Peris

Urquhart

Dastyari

Marshall

Polley

Waters

Di Natale

McAllister

Rhiannon

Whish-Wilson

Gallacher

McEwen (Teller)

 

 

 

Question agreed to.

Bill read a third time.