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

by leave—I move Greens amendments (23), (24) and (25) from sheet 5285 together:

(23)  Schedule 1, item 1, page 29 (line 30), after paragraph 346ZF(1)(b), insert:

         or (c)    treat an employee any less favourably;

(24)  Schedule 1, item 1, page 29 (lines 31 to 32), omit “the sole or dominant reason for the employer dismissing, or threatening to dismiss,”, substitute “one of the reasons for the employer dismissing, or threatening to dismiss or treating less favourably,”.

(25)  Schedule 1, item 1, page 30 (lines 7 to 10), omit subsection 346ZF(3).

These amendments also relate to failure to pass the fairness test. They are designed to provide greater protection for people on AWAs. These amendments particularly relate to protection for people who are dismissed if their workplace agreement fails or may fail the fairness test. The amendments extend the protection to being treated unfairly as well as dismissal and provide that an agreement failing the test may be only one of the reasons for dismissal or unfavourable treatment rather than the sole or determinant reason. The problem with the sole determinant reason provision is that employers can get around it. This is another one of the issues that Professor Andrew Stewart brought up in his submission to the inquiry on the safety net bill where he pointed out a number of what he considered loopholes in the provisions within the bill. The Greens are seeking to close these loopholes and provide better protection for workers who may be dismissed if their workplace agreement fails or may fail the test.

Question negatived.