Zali Steggall (Warringah, Independent) Share this | Hansard source

by leave—I move amendments (1) to (7), as circulated in my name:

(1) Schedule 1, item 597, page 194 (line 29), at the end of subsection 216BA(3), add:

; or (c) the employer's productivity will be adversely affected by the agreement.

(2) Schedule 1, item 629, page 204 (lines 29 and 30), omit "is not a small business employer", substitute "employs more than 50 full-time equivalent employees".

(3) Schedule 1, item 629, page 205 (line 2), at the end of paragraph 216DC(1)(e), add:

; and (iv) the employer's productivity will not be adversely affected by the agreement.

(4) Schedule 1, item 634, page 208 (line 27), omit "is not a small business employer", substitute "employs more than 50 full-time equivalent employees".

(5) Schedule 1, item 634, page 209 (line 16), at the end of subsection 249(3C), add:

; (d) the economic circumstances of the employers' enterprises;

(e) the relative size and scope of the employers' enterprises;

(f) the extent to which the employers operate collaboratively rather than competitively.

(6) Schedule 1, item 634, page 209 (after line 22), after subsection 249(3D), insert:

Public interest test

(3E) For the purposes of paragraph (3)(f), the FWC may have regard to:

(a) the need to achieve productivity and fairness through an emphasis on enterprise-level collective bargaining; and

(b) the need to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.

(7) Schedule 1, item 639, page 211 (line 32), omit "is not a small business employer", substitute "employs more than 50 full-time equivalent employees".

These amendments focus on tightening up the legislation to ensure that the impacts on business productivity and competitiveness of businesses—

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