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INDUSTRIAL RELATIONS AMENDMENT BILL (NO. 2) 1994

Order of the day read for the adjourned debate on the motion of the

Minister for Small Business, Customs and Construction (Senator

Schacht)--That this bill be now read a second time.

Debate resumed.

Senator Chapman moved the following amendment:

At end of motion, add "but:

(a) the Senate notes:

(i) the distress caused by Australia's continuing high rate

of unemployment,

(ii) that a heavily regulated labour market contributes to

unemployment,

(iii) the OECD's criticism of Australia's dilatory rate of

labour market reform, and

(iv) that the Government has itself acknowledged the need

for greater flexibility in the labour market to address

these issues;

(b) the Senate expresses its view that this bill will do nothing to

achieve such flexibility; and

(c) the Senate urges the Government to abandon its Industrial

Relations Reform Act because it has not only failed to relieve

labour market deficiencies, it has also exacerbated them".

Document: Senator Chapman, by leave, tabled the following document:

Industrial Relations Amendment Bill (No. 2) 1994--Copy of list of

International Labor Organisation (ILO) Conventions ratified by

Australia as at December 1993.

Debate ensued.

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

Main question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the

bill.

In the committee

Bill taken as a whole by leave.

Senator Chapman moved the following amendments together by leave:

Clause 6, page 2, heading to proposed section 170CD, line 35, omit "not

employed under award conditions".

Clause 6, page 2, proposed subsection 170CD(1), line 38, omit "who is

not employed under award conditions".

Clause 6, page 3, proposed subsection 170CD(3), lines 15 to 18, omit the

subsection.

Clause 6, page 3, proposed subsection 170CD(4), definition of "relevant

award", line 23, omit the definition.

Debate ensued.

Question--That the amendments be agreed to--put.

The committee divided--

AYES, 28

Baume Brownhill Calvert Campbell Chapman Crichton-Browne Ellison Ferguson Herron Hill Kemp Knowles Macdonald, Ian Macdonald, Sandy MacGibbon McGauran O'Chee Panizza (Teller) Parer Patterson Reid Short Tambling Teague Tierney Vanstone Watson Woods

NOES, 32

Beahan Bell Bolkus Bourne Burns (Teller) Carr Chamarette Childs Coates Colston Cooney Coulter Crowley Denman Devereux Evans, Christopher Faulkner Forshaw Harradine Kernot Lees McKiernan Margetts Murphy Ray Reynolds Schacht Sherry Spindler West Woodley Zakharov

Question negatived.

Senator Chapman moved the following amendment:

Clause 7, page 4, proposed subsection 170EDA(1), lines 9 to 19, omit the

subsection, substitute the following subsection:

""170EDA.(1) If an application under section 170EA alleges that a

termination of employment of an employee contravened subsection

170DE(1), the termination is taken to have contravened that subsection

if the applicant proves that, because of subsection 170DE(2), the

reason or reasons the employer terminated the employment were not

valid.".

Debate ensued.

Question--That the amendment be agreed to--put.

The committee divided--

AYES, 29

Alston Baume Brownhill Calvert Campbell Chapman Crichton-Browne Ellison Ferguson Herron Kemp Knowles Macdonald, Ian Macdonald, Sandy MacGibbon McGauran O'Chee Panizza (Teller) Parer Patterson Reid Short Tambling Teague Tierney Troeth Vanstone Watson Woods

NOES, 32

Beahan Bell Bourne Carr Chamarette Childs Coates Collins Colston Cooney Coulter Crowley Denman Devereux Evans, Christopher Faulkner Foreman (Teller) Forshaw Harradine Kernot Lees McKiernan Margetts Murphy Ray Reynolds Schacht Sherry Spindler West Woodley Zakharov

Question negatived.

The Minister for Defence (Senator Ray) moved--That the committee report

progress and seek leave to sit again.

Question put and passed.

The Acting Deputy President (Senator Chapman) resumed the Chair and the

Chairman of Committees (Senator Crichton-Browne) reported that the

committee had considered the bill, made progress and asked leave to sit

again.

Ordered, on the motion of Senator Ray, that the committee have leave to

sit again at a later hour.