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

by leave—I move government amendments (9) and (10) on sheet PJ379:

(9)    Schedule 1, item 1, page 8 (line 33) to page 9 (line 3), omit paragraph 346F(1)(b), substitute:

             (b)    on the date of lodgment of the variation:

                   (i)    the employer bound by the AWA as varied 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 as varied 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

(10)  Schedule 1, item 1, page 9 (lines 28 to 36), omit paragraph 346F(2)(b), substitute:

             (b)    on the date of lodgment of the variation:

                   (i)    the employer bound by the collective agreement as varied 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 as varied 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

In moving those amendments, I note that they would amend section 346F of the legislation. The reasons for those amendments are exactly the same as the reasons enunciated for government amendments (7) and (8). We have already dealt with those, so I will not the delay the Senate any further other than to note that if these amendments are carried, then I assume the next Australian Greens amendment would be obviated.

Question agreed to.