Mark Butler (Hindmarsh, Australian Labor Party, Shadow Minister for Climate Change and Energy) Share this | Hansard source

by leave—I move opposition amendments (1) to (3) as circulated in my name together:

(1) Schedule 1, item 1, page 26 (lines 5 to 14), omit subparagraphs 153ZB(3)(a)(i) and (ii), substitute:

  (i) if the body corporate is an authority of the Commonwealth—an authority of the Commonwealth that is genuinely in competition in relation to electricity markets with the body corporate in relation to which the order is made and that the Commonwealth has a controlling interest in that is equal to or greater than the controlling interest that the Commonwealth has in that body corporate; and

  (ii) if the body corporate is an authority of a State or Territory—an authority of that State or Territory that is genuinely in competition in relation to electricity markets with the body corporate in relation to which the order is made and that the State or Territory has a controlling interest in that is equal to or greater than the controlling interest that the State or Territory has in that body corporate; and

(2) Schedule 1, item 1, page 27 (after line 6), at the end of section 153ZB, add:

  (9) If a body corporate disposes of interests in assets to another body corporate as required by an order made under this section, then for the purposes of paragraph 311(1)(d) or 768AD(1)(d) of the Fair Work Act 2009, there is taken to be a connection between the body corporate and the other body corporate as described in subsection 311(3) or 768AD(2), as the case may be, of that Act.

Note: This means any employees of the body corporate who become employees of the other body corporate and satisfy paragraphs 311(1)(a) to (c) or 768AD(1)(a) to (c) will be transferring employees in relation to a transfer of business for the purposes of Part 2-8 or Part 6-3A of that Act.

(3) Schedule 1, page 31 (after line 11), at the end of the Schedule, add:

Part 4—Review of amendments

15 Review of amendments

Before the end of the period of 4 years after this Schedule commences, the Treasurer must establish a review of the effectiveness of the amendments made by Parts 1 and 2 of this Schedule, including a review of the following:

  (a) impacts on electricity market performance, including market efficiency, equity, reliability, affordability, emission reduction and investment outcomes;

  (b) any other factors relevant for an assessment of the effectiveness of the amendments on the Australian electricity sector and economy.

I don't intend to discuss these amendments in great detail. I have dealt with them in my remarks in relation to the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2019 more generally. They essentially deal with three issues. The first is to close absolutely the loophole that existed in the original bill and still exists in the bill in its current form around privatisation of publicly owned electricity assets, particularly in those states of Queensland, WA and Tasmania, where the communities have said time and time again that they want their electricity assets to be publicly owned. This was an issue first raised by the Labor Party and the member for Kennedy. The government has made some progress in relation to it, but amendment (1) closes the loophole entirely. I'm glad that the government is willing to support that.

The second amendment deals with the protection of worker entitlements in the event of a divestiture order. Obviously workers are not to blame in any sense for any of the conduct envisaged by this bill. Their entitlement should be protected absolutely. They should not be prejudiced in any way. Amendment (2) deals with those entitlements that are contained in registered enterprise agreements and awards by giving effect to those protections already contained in the Fair Work Act in the event of a divestiture order.

The third amendment deals with a review of this legislation prior to the sunset clause going into operation. I commend all three amendments to the House.

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