Rachel Siewert (WA, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (1), (2), (4), (9), (10), (12), (13 ), (26) and (27) on sheet 5285:

(1)    Schedule 1, item 1, page 4 (lines 14 to 17), omit all words from and including “346L, and” to and including “section 346L”, substitute “346F”.

(2)    Schedule 1, item 1, page 4 (lines 28 and 29), omit the definition of protected award conditions in subsection 346B(1).

(4)    Schedule 1, item 1, page 5 (lines 25 to 32), omit subsection 346B(2) and the note.

(9)    Schedule 1, item 1, page 15 (line 24), omit “protected”.

(10)  Schedule 1, item 1, page 15 (line 25), omit “that apply to the employee”, substitute “in the reference award”.

(12)  Schedule 1, item 1, page 15 (line 31), omit “protected”.

(13)  Schedule 1, item 1, page 15 (lines 31 and 32), omit “that apply to some or all of those employees”, substitute “in the reference award”.

(26)  Schedule 1, item 1, page 31 (line 11), omit “protected”.

(27)  Schedule 1, item 1, page 31 (line 16), omit “a protected award condition”, substitute “award conditions”.

I am aware that some of these amendments overlap with the opposition’s amendments. These amendments will delete references to ‘protected award conditions’ and provide for the fairness test to consider all award conditions in the reference award. I indicated in my speech on the second reading that I would move these types of amendments. The government’s formulation of the fairness test leaves out many award conditions that are important to employees, such as redundancy pay, long service leave, rostering provisions and other working hour provisions, casual leave, casual loadings that are more than 20 per cent, any rights to request flexible working conditions, and paid maternity leave. These conditions affect employees’ work and family lives and we believe they should be considered.

We believe what is considered in the fairness test goes directly to the different views about what should constitute a safety net. Work Choices provides a set of five minimum conditions and another list of award conditions that may or may not provide a safety net, depending on an employee’s circumstances. The Greens believe in a strong and robust safety net based on the award system that applies to all employees. We believe that these amendments go to making the safety net a stronger safety net, as in the title of this bill.

Question negatived.