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Thursday, 2 December 2004
Page: 65

Senator MURRAY (1:54 PM) —by leave—I move Democrat amendments (1), (2) and (3) on sheet 4444 revised:

(1) Schedule 1, item 1, page 3 (lines 7 to 9), omit the heading to Division 10A, substitute:

Division 10A—Validation of certain pre-2 September 2004 agreements, variations, industrial action and lockouts

(2) Schedule 1, item 1, page 4 (after line 12), after section 170NHB, insert:

170NHBA Validation of certain industrial action and lockouts

(1) If:

(a) a person has organised or engaged in industrial action or locked out employees from their employment; and

(b) the industrial action or lockout would have been protected action within the meaning of Division 8 but for the fact that it was for a purpose of, or for a purpose that included a purpose of, supporting or advancing a claim made in respect of a matter that was not a permitted matter;

then, to the extent that the industrial action or lockout occurred on or before 2 September 2004, it is taken to be protected action within the meaning of that Division.

(2) However, subsection (1) does not apply, and is taken never to have applied, to the extent that its application would have resulted in an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution.

R(3) Schedule 1, page 6 (after line 26), at the end of the Schedule, add:

3 Application provision

The amendments made by this Act do not apply in relation to industrial action, or a lockout, if, before the commencement of this Act, a court has found the industrial action or lockout not to be protected action (within the meaning of Division 8 of Part VIB of the Workplace Relations Act 1996).

In view of the time, I am willing to move them without covering the issues concerned. I think they were covered in the second reading debate, but of course if senators wish me to explain them more I will. What I have done is to adapt Labor's original amendment. My office has discussed with the government and with the opposition the best way to fulfil an end, and my understanding is that there is concurrence in the chamber for this approach. I will say more later if it is wished.