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

by leave—I move Greens amendments (1) to (4) on sheet 5303:

(1)    Schedule 2, page 61 (after line 10), at the end of Division 2, add:

Social Security Act 1991

31A  Paragraph 502(4)(e)

After “applicable statutory conditions”, add “and would not pass the fairness test under Division 5A of the Workplace Relations Act 1996.”

(2)    Schedule 2, page 61 (after line 10), at the end of Division 2, add:

31B  Paragraph 541D(1)(e)

After “applicable statutory conditions”, add “and would not pass the fairness test under Division 5A of the Workplace Relations Act 1996.”

(3)    Schedule 2, page 61 (after line 10), at the end of Division 2, add:

31C  After subsection 629(1B)

Add:

      (1C)    Without limiting the matters to be taken into account for the purposes of paragraph (1)(d), a refusal to accept an offer of employment that is conditional on signing an AWA which would not pass the fairness test under Division 5A of the Workplace Relations Act 1996 constitutes a reasonable excuse to refuse an offer of employment.

(4)    Schedule 2, page 61 (after line 10), at the end of Division 2, add:

31D  Paragraph 731B(1)(e)

After “applicable statutory conditions”, add “and would not pass the fairness test under Division 5A of the Workplace Relations Act 1996.”

I call these the Welfare to Work amendments. They relate to the fairness test and the participation requirements. They will amend the Social Security Act to provide that, where there is a requirement for a person receiving a benefit to accept a job, they will not be required to accept the job if the terms and conditions would fail the fairness test. The consequence of refusing a job could be that the person would be breached and would receive the non-payment period. It is unacceptable for a person to receive an eight-week non-payment period for refusing a job with unfair working conditions. This amendment would apply to parenting, youth allowance, Newstart and special benefit payments. This amendment is designed to bring this bill into line with the Social Security Act. It will amend the Social Security Act so that a person would not be breached if their AWA would not pass the fairness test under division 5 of the Workplace Relations Act 1996. It is a simple amendment to bring the two acts into line and to ensure that people are not unfairly breached.