Steven Ciobo (Moncrieff, Liberal Party, Minister for Trade, Tourism and Investment) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill and seek leave to move government amendments (1) to (3) on sheet MB113 and the amendment (1) on sheet MB123 as circulated together.

Leave granted.

I move government amendments (1) to (3) of sheet MB113 and (1) of sheet MB123 together as circulated:

(1) Schedule 4, item 1, page 16 (after line 20), after the definition of Schedule1 commencement day in clause 25 of Schedule 1, insert:

Schedule 2 commencement day means the day on which Schedule 2 to the amending Act commences.

(2) Schedule 4, item 1, page 17 (after line 27), at the end of clause 26 of Schedule 1, add:

Common issues

(3) Schedule 4, item 1, page 18 (lines 12 to 17), omit clause 28 of Schedule 1, substitute:

28 Application of amendments—when employees have genuinely agreed to an enterprise agreement

(1) The amendments of section 188 of this Act made by Schedule 2 to the amending Act apply in relation to an application made under section 185 of this Act for approval of an enterprise agreement if the application is made:

(a) on or after the Schedule 2 commencement day; or

(b) before the Schedule 2 commencement day, if circumstances covered by subclause (2) apply.

(2) The circumstances covered by this subclause are:

(a) on or before the Schedule 2 commencement day, the FWC had neither approved, nor refused to approve, the enterprise agreement; or

(b) before the Schedule 2 commencement day:

  (i) the FWC approved, or refused to approve, the enterprise agreement; and

  (ii) an application was made under section 604 for an appeal against the decision to approve, or refuse to approve, the enterprise agreement; and

  (iii) the FWC had not yet made a final decision on the appeal; or

(c) all of the following apply:

  (i) within 21 days before the Schedule 2 commencement day, the FWC approved, or refused to approve, the enterprise agreement;

  (ii) immediately before the Schedule 2 commencement day, an application had not been made under section 604 for an appeal against the decision to approve, or refuse to approve, the enterprise agreement;

  (iii) within 21 days after the FWC approved, or refused to approve, the enterprise agreement, an application is made under section 604 for an appeal against that decision.

(1) Schedule 2, item 2, page 6 (line 18), at the end of paragraph 188(2) (b), add ", in relation to the requirements mentioned in paragraph (1) (a) or (b) or the requirements of sections 173 and 174".

Question agreed to.

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