|Title||FAIR WORK BILL 2008
|Speaker||Ludwig, Sen Joe
Senator LUDWIG (Minister for Human Services) (10:44 PM) âby leaveâI move:
(1)Â Â Â ClauseÂ 12, page 11 (lines 8 and 9), omit âor 177(b)â.
Â (2)Â Â ClauseÂ 12, page 12 (line 5), omit âsectionsÂ 176 and 177â, substitute âsectionÂ 176â.
Â (3)Â Â ClauseÂ 172, page 162 (line 3), at the end of subparagraphÂ (2)(b)(ii), add âand will be covered by the agreementâ.
Â (4)Â Â ClauseÂ 172, page 162 (line 19), at the end of subparagraphÂ (3)(b)(ii), add âand will be covered by the agreementâ.
Â (7)Â Â ClauseÂ 178, page 168 (line 32), omit â; andâ.
Â (8)Â Â ClauseÂ 178, page 169 (lines 1 to 4), omit paragraphÂ (2)(c).
Â (9)Â Â ClauseÂ 182, page 172 (lines 24 and 25), omit âwill be covered by the agreementâ, substitute âthe agreement is expressed to cover (which need not be all of the relevant employee organisations for the agreement)â.
Â (10) ClauseÂ 182, page 172 (lines 26 to 30), omit subclauseÂ (4).
Â (11) ClauseÂ 185, page 174 (after line 11), after subclauseÂ (1), insert:
Â Â Â Â Â (1A)Â Â Â Despite subsectionÂ (1), if the agreement is a greenfields agreement, the application must be made by:
Â Â Â Â Â Â Â Â Â Â Â Â Â (a)Â Â Â an employer covered by the agreement; or
Â Â Â Â Â Â Â Â Â Â Â Â Â (b)Â Â Â a relevant employee organisation that is covered by the agreement.
Â (12) ClauseÂ 187, page 177 (after line 23), at the end of the clause, add:
Requirements relating to greenfields agreements
Â Â Â Â Â Â Â Â (5)Â Â Â If the agreement is a greenfields agreement, FWA must be satisfied that:
Â Â Â Â Â Â Â Â Â Â Â Â Â (a)Â Â Â the relevant employee organisations that will be covered by the agreement are (taken as a group) 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
Â Â Â Â Â Â Â Â Â Â Â Â Â (b)Â Â Â it is in the public interest to approve the agreement.
Â (13) ClauseÂ 193, page 181 (lines 19 to 22), omit all the words from and including âthatâ to the end of subclauseÂ (3), substitute âthat each prospective award covered employee for the agreement would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employeeâ.
Â (14) ClauseÂ 207, page 196 (line 4), after âconcernedâ, insert âand are covered by the agreementâ.
Â (15) ClauseÂ 219, page 203 (line 20), after âconcernedâ, insert âand are covered by the agreementâ.
I will deal broadly with all of these amendments and then we can deal with how we will vote. The substantive amendments to the Fair Work Bill in relation to the operation of greenfield agreements would remove the requirement that employers notify relevant employee organisations of their intention to make a greenfield agreement, which is item 5, and remove the provisions that would enable bargaining representatives to be appointed in relation to greenfield agreements, which is item 6. This will have the consequence that bargaining orders are no longer available in relation to greenfield agreements. In addition, they will make clear that an employer does not have to make a greenfield agreement with all relevant employee organisations, which is item 9, and insert additional approval requirements for greenfield agreements to ensure that relevant agreements are made by organisations that represent the industrial interests of a majority of the employees and are in the public interest, which is item 12. They will clarify the operation of the better-off-overall test in respect of greenfield agreements, ensuring consistency with the application of the test to non-greenfield agreements, which is item 13. The remaining amendments are consequential amendments to the measures described therein.