Adam Bandt (Melbourne, Australian Greens) Share this | Hansard source

by leave—I move amendments (1) to (3) of sheet 2, (1) of sheet 3, (1) of sheet 4, (1) of sheet 5, (1) of sheet 6 and (1) of sheet 7 together:

(1) Clause 2, page 2 (after table item 4), insert:

(2) Schedule 1, heading, page 4 (line 1), after "Family-friendly", insert ", job security and fairer bargaining".

(3) Schedule 1, page 14 (after line 26), at the end of the Schedule, add:

Part 6—Objects

Fair Work Act 2009

31 At the end of section 3

  Add:

  ; and (h) providing workplace relations laws that enhance job security; and

(i) promoting full employment in Australia; and

  (j) helping working Australians to achieve a better work/life balance.

(1) Schedule 1, page 14, at the end of the Schedule (after proposed Part 6), add:

Part 7—Notice requirements for industrial action

Fair Work Act 2009

32 Subsection 414(5)

  After "engages", insert ", or changes normal operations for the purposes of engaging,".

33 After subsection 414(5)

  Insert:

  (5A) The period of notice for the purposes of paragraph (5)(a) must be at least 3 working days.

(1) Schedule 1, page 14, at the end of the Schedule (after proposed Part 7), add:

Part 8—Orders suspending or terminating protected industrial action: general

Fair Work Act 2009

34 Subsection 423(1)

  Omit "if", substitute "to the extent that".

35 Subsection 424(1)

  Omit "if", substitute "to the extent that".

(1) Schedule 1, page 14, at the end of the Schedule (after proposed Part 8), add:

Part 9—Orders suspending or terminating protected industrial action: requirements

Fair Work Act 2009

36 After subsection 423(6)

  Insert:

Requirement—permitted matters capable of settlement

  (6A) For an order terminating protected industrial action, the FWC must be satisfied that:

  (a) terms to deal with all the permitted matters at issue during bargaining for the proposed enterprise agreement could be included in an industrial action related workplace determination; or

  (b) all the bargaining representatives for the proposed enterprise agreement have agreed to settle all the permitted matters at issue during bargaining for the proposed enterprise agreement by another means by which a binding settlement of those matters might be achieved.

Example:   For paragraph (b), the bargaining representatives might have agreed to conciliation by the FWC and to the inclusion in the proposed enterprise agreement of any terms recommended by the FWC to settle the permitted matters at issue.

  (6B) For an order suspending protected industrial action, the FWC must be satisfied, in relation to any permitted matters at issue during bargaining for the proposed enterprise agreement that cannot be dealt with by including terms in an industrial action related workplace determination, that:

  (a) there is a means by which a binding settlement of those matters might be achieved (if all of the bargaining representatives for the proposed enterprise agreement agreed to settle those matters by that means); and

  (b) if the protected industrial action is employee claim action or employee response action—the bargaining representatives of the employee or employees who are engaging in the industrial action have not agreed to settle all of those matters by that means; and

  (c) if the protected industrial action is employer response action—the bargaining representatives of the employer or employers who are engaging in the industrial action have not agreed to settle all of those matters by that means.

37 Subsection 424(1)

  After "The FWC must", insert "(subject to subsections (1A) and (1B))".

38 After subsection 424(1)

  Insert:

  (1A) The FWC must not make an order terminating industrial action of a kind mentioned in subsection (1) unless the FWC is satisfied that:

  (a) terms to deal with all the permitted matters at issue during bargaining for the proposed enterprise agreement could be included in an industrial action related workplace determination; or

  (b) all the bargaining representatives for the proposed enterprise agreement have agreed to settle all the permitted matters at issue during bargaining for the proposed enterprise agreement by another means by which a binding settlement of those matters might be achieved.

Example:   For paragraph (b), the bargaining representatives might have agreed to conciliation by the FWC and to the inclusion in the proposed enterprise agreement of any terms recommended by the FWC to settle the permitted matters at issue.

  (1B) The FWC must not make an order suspending industrial action of a kind mentioned in subsection (1) unless the FWC is satisfied, in relation to any permitted matters at issue during bargaining for the proposed enterprise agreement that cannot be dealt with by including terms in an industrial action related workplace determination, that:

  (a) there is a means by which a binding settlement of those matters might be achieved (if all of the bargaining representatives for the proposed enterprise agreement agreed to settle those matters by that means); and

  (b) if the protected industrial action is employee claim action or employee response action—the bargaining representatives of the employee or employees who are engaging in the industrial action have not agreed to settle all of those matters by that means; and

  (c) if the protected industrial action is employer response action—the bargaining representatives of the employer or employers who are engaging in the industrial action have not agreed to settle all of those matters by that means.

(1) Schedule 1, page 14, at the end of the Schedule (after proposed Part 9), add:

Part 10—Orders terminating protected industrial action: limits

Fair Work Act 2009

39 After section 424

  Insert:

424A When the FWC must not terminate industrial action

     Despite subsections 423(1) and 424(1), the FWC must not make an order terminating protected industrial action if either or both of the following apply in relation to any employer response action concerned:

  (a) a purpose of the action is to make any application under section 423 or 424 more likely to succeed;

  (b) the action is not a proportionate response in the circumstances.

40 After paragraph 426(5)(a)

  Insert:

  (ab) in the case of employer response action—whether the industrial action is being engaged in for the purposes of making any application more likely to succeed;

(1) Schedule 1, page 14, at the end of the Schedule (after proposed Part 10), add:

Part 11—Repeal of Ministerial declarations power

Fair Work Act 2009

41 Subsection 266(2)

  Repeal the subsection, substitute:

(2) A termination of industrial action instrument in relation to a proposed enterprise agreement is an order under section 423 or 424 terminating protected industrial action for the agreement.

42 Paragraph 413(7)(b)

  Repeal the paragraph.

43 Division 7 of Part 3 -3

  Repeal the Division.

Again, very briefly, I addressed these matters in my speech in the second reading debate. These amendments would address some of the issues that have arisen in respect of the operation of the Fair Work Act. In particular, for nurses and people in the public sector where they face powerful employers—workers, for example, in areas like Qantas—it would provide them with some protection against powerful employers tactically using industrial action or tactically dragging out negotiations. It would give the Fair Work Commission greater power to resolve the whole of disputes and ensure that, from the perspective of powerful employers, they could not do these things tactically—for example, by prolonging disputes or by grounding a fleet. I commend the amendments to the House.

Question negatived.

by leave—I move amendments (1) and (2) of sheet 8 together:

(1) Clause 2, page 2 (after table item 5), insert:

(2) Page 15 (after line 11), after Schedule 2, insert:

Schedule 2A—Family violence

Fair Work Act 2009

1 Section 12

  Insert:

  experience of family violence includes:

  (a) a current or past experience of family violence; or

  (b) the experience of providing care or support to a member of a person's immediate family or household who is experiencing family violence; or

  (c) an experience of family violence imputed to a person.

2 Section 12

  Insert:

  family violence: see section 17AA.

3 After section 17

  Insert:

17AA Meaning of family violence

(1) Family violence is violent, threatening or other behaviour by a person that coerces or controls a family member, or causes the family member to be fearful.

(2) Examples of behaviour that may constitute family violence include (but are not limited to) the following:

  (a) physical assault;

  (b) a sexual assault or other sexually abusive behaviour;

  (c) economic abuse;

  (d) emotional or psychological abuse;

  (e) stalking;

  (f) kidnapping or deprivation of liberty;

  (g) damage to property (whether or not the victim owns the property);

  (h) causing injury or death to an animal (whether or not the animal belongs to the victim);

  (i) behaviour that exposes a child to behaviour of the kind described above.

4 Section 351

  Omit "or social origin", substitute ", social origin or experience of family violence".

5 After paragraph 772(1)(h)

  Insert:

  ; (i) experience of family violence.

Briefly, I referred to this in my speech in the second reading debate. This bill proposed by the government makes some welcome moves to extend protections to people who have experienced family violence. In particular, I applaud the government for extending the right to request flexible working arrangements. What my amendments would do is strengthen the protections against adverse action for victims of family violence. What this would mean is that someone who is in a position where they have experienced family violence or are looking after someone who has experienced it, who perhaps then makes a request of their employer, or perhaps not, are protected against adverse action from their employer. For example, if someone is not in a position to turn up to work on a particular day because they have been the victim of family violence, then it would be prohibited to take adverse action against them that might otherwise be lawful. This amendment has the support of domestic family violence campaigners. It is something that I hope receives sympathetic attention from the government and the opposition.

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