Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

Prior to doing that, I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill. The memorandum was circulated in the chamber on 28 November 2006.

Coming to Senator Wong’s question, amendment (1) would clarify the intended effect of clause 7(1)(c) of the Independent Contractors Bill, which is to exclude the operation of state and territory unfair contracts jurisdictions which apply to independent contractors. It would ensure that only state and territory laws which expressly empower a court, commission or tribunal to amend, vary, set aside or find void or otherwise unenforceable parts or all of a services contract are excluded to the extent that they apply to independent contractors covered by the proposed legislation.

This amendment would also ensure that antiavoidance protections for vulnerable workers in state and territory laws, such as laws requiring a court to construe a contract with an outworker to contain certain minimum conditions, are not overridden by the Independent Contractors Bill. I am advised that Minister Andrews’s office negotiated these amendments with the outworkers’ stakeholders.

Question agreed to.

by leave—I move government amendment (2) on sheet QU340:

(2)    Clause 7, page 7 (lines 10 to 14), omit paragraph (2)(a), substitute:

             (a)    a law of a State or Territory, to the extent that the law deals with matters relating to outworkers (including entry of a representative of a trade union to premises for a purpose connected with outworkers), other than matters mentioned in paragraph (1)(c); or

The government opposes part 4 in the following terms: