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

by leave—I move government amendments (7) and (8) on sheet PJ379 together:

(7)    Schedule 1, item 1, page 7 (lines 14 to 21), omit paragraph 346E(1)(b), substitute:

             (b)    on the date of lodgment:

                   (i)    the employer bound by the AWA is bound by an award in respect of the terms and conditions of the kind of work performed or to be performed by the employee; or

                  (ii)    the employee whose employment is subject to the AWA is employed in an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by the employee are usually regulated by an award, or would, but for a workplace agreement or another industrial instrument, usually be regulated by an award; and

(8)    Schedule 1, item 1, page 8 (lines 11 to 19), omit paragraph 346E(2)(b), substitute:

             (b)    on the date of lodgment:

                   (i)    the employer bound by the collective agreement is bound by an award in respect of the terms and conditions of the kind of work performed or to be performed by the one or more of the employees; or

                  (ii)    one or more of the employees whose employment is subject to the collective agreement is employed in an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by the employees are usually regulated by an award, or would, but for a workplace agreement or another industrial instrument, usually be regulated by an award; and

These amendments would amend proposed section 346E of the bill as introduced to make clear that workplace agreements would be subject to the fairness test where, immediately before the date on which the agreement is lodged, the employer was actually bound by an award in respect of the kind of work performed by the employee. The amendment is necessary to avoid any suggestion that the fairness test would not apply where an employer is bound by an award but in circumstances where the employee is employed in an industry or occupation that is not usually regulated by an award.

Question agreed to.