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The order of the day having been read for the resumption of the debate on the question—That the Bill be now read a second time—And on the amendment moved thereto by Mr McClelland, viz.—That all words after "That" be omitted with a view to substituting the following words: "this House declines to give the Bill a second reading and:

(1) condemns the government for:

 (a) attempting to pre-empt a decision of the Full Court of the Federal Court of Australia concerning the issue of whether bargaining fees `pertain to the relationship of employer and employee';

(b) introducing legislation which unreasonably restrains the ability of parties in the workplace to voluntarily enter into service agreements concerning industrial representation and advocacy; and

(c) introducing legislation which is primarily designed to discourage workplace organisation rather than to facilitate agreement-making; and

(2) confirms that it is appropriate that the House await the decision of the Federal Court prior to legislating in this area"—

Debate resumed.

Amendment negatived.

Question—That the Bill be now read a second time—put and passed—Bill read a second time.

Consideration in detail

Bill, by leave, taken as a whole.


Mr Abbott (Minister for Employment and Workplace Relations) presented a supplementary explanatory memorandum to the Bill.

On the motion of Mr Abbott, by leave, Government amendments (1) to (3) were made together.

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

The House divided (the Deputy Speaker, Mr Wilkie, in the Chair)—

AYES, 75

Mr AbbottMr DownerMrs D. M. KellyMr Schultz
Mr AndersonMrs DraperDr KempMr Scott
Mr K. J. AndrewsMr DuttonMr P. E. KingMr Secker
Mr AnthonyMrs ElsonMrs LeyMr Slipper
Fran BaileyMr EntschMr LindsayMr A. D. H. Smith
Mr BairdMr FarmerMr LloydMr Somlyay
Mr BaldwinMr Forrest*Mr McArthur*Dr Southcott
Mr BarresiMs GambaroMr I. E. MacfarlaneDr Stone
Mr BartlettMrs GashMr McGauranMr C. P. Thompson
Mr BillsonMr GeorgiouMrs MayMr Ticehurst
Mrs B. K. BishopMr HaaseMrs MoylanMr Tollner
Ms J. I. BishopMr HardgraveMr NairnMr Truss
Mr BroughMr HartsuykerDr NelsonMr Tuckey
Mr CadmanMr HawkerMr NevilleMr Wakelin
Mr CameronMr HockeyMs PanopoulosDr Washer
Mr CausleyMrs HullMr PearceMr Williams
Mr CioboMr HuntMr ProsserMr Windsor
Mr CobbMr JohnsonMr PyneMs Worth
Mr CostelloMr JullMr Randall

NOES, 62

Mr AdamsMr M. J. FergusonDr LawrenceMr Ripoll
Mr AndrenMr FitzgibbonMs LivermoreMs Roxon
Mr BeazleyMs GeorgeMr McClellandMr Rudd
Mr BevisMr GibbonsMs J. S. McFarlaneMr Sawford
Mr BreretonMs GillardMs MacklinMr Sciacca
Mr ByrneMs GriersonMr McMullanMr Sercombe
Ms CorcoranMr GriffinDr MartinMr Sidebottom
Mr CoxMs HallMr MelhamMr S. F. Smith
Mr CreanMr HattonMr MossfieldMr Snowdon
Mrs CrosioMs HoareMr MurphyMr Swan
Mr Danby*Mrs IrwinMs O'ByrneMr Tanner
Mr EdwardsMs JacksonMr B. P. O'ConnorMr K. J. Thomson
Ms EllisMr JenkinsMr G. M. O'ConnorMs Vamvakinou
Mr EmersonMr KatterMs PlibersekMr Zahra
Mr EvansMs C. F. KingMr Price
Mr L. D. T. FergusonMr LathamMr Quick*

* Tellers

And so it was resolved in the affirmative.

Consideration in detail concluded.

On the motion of Mr Abbott, by leave, the Bill was read a third time.