Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

I am advised that the Workplace Authority will have a policy guide which will set out how this test should be approached, and that will be publicly available. I make the point that, in any situation where you have a statutory test, you have to try to ensure administrative arrangements are in place to ensure consistency insofar as humanly possible.

Question negatived.

by leave—I move government amendments (12) and (13) on sheet PA412:

(12)  Schedule 1, item 2, page 15 (lines 31 to 34), omit subsection 346N(2), substitute:

        (2)    For the purposes of subsection (1), Division 8 does not apply to the variation of an agreement, except for sections 367, 368, 368A, 372, 373 and 374, paragraph 377(1)(b) and section 380A.

(13)  Schedule 1, item 2, page 20 (lines 27 to 30), omit subsection 346W(5), substitute:

        (5)    For the purposes of paragraph (2)(a), Division 8 does not apply to the variation of an agreement, except for sections 367, 368, 368A, 372, 373 and 374, paragraph 377(1)(b) and section 380A.

These amendments ensure that all relevant provisions apply in relation to variations made when workplace agreements fail the no disadvantage test. Under the bill as is currently drafted, for the purpose of varying agreements that initially fail the no disadvantage test, the usual procedural requirements in division 8 of the act do not apply. The only requirements are those set out in subsection 373(1) and section 374.

Other provisions are also required, including those that the bill introduces to ensure that agreement variations are properly approved. The new provisions to be inserted in section 346N(2) and section 346W(5) would, first, apply sections 367 and 368 of the act, which set out who may make a variation and when a variation is made; second, apply proposed new section 368A of the bill to ensure that only genuinely approved variations are capable of operating; and, third, apply section 372 of the act, which requires an employer to seek approval for variation of a union collective or greenfields agreement within a reasonable time. In addition, these amendments substitute the reference to section 373(1) with a reference to section 373 of the act, so that the approval of variations of ITEAs and collective agreements apply, apply proposed new section 377(1)(b) so copies of signed variations would have to be lodged and apply proposed new section 380A to ensure that, where an unapproved variation is lodged, civil remedy provisions apply.

Question agreed to.

I move amendment (14) on sheet PA412:

(14)  Schedule 1, item 2, page 30 (line 23), after “section 346M,”, insert “346Q,”.

This is a minor technical amendment. The amendment would insert a reference to section 346Q in subsection 346ZH(1). As I said, it is a minor technical amendment and would ensure that an employer who has received a notice under 346Q is required to give a copy of the notice to its existing employees, consistent with similar provisions elsewhere in the bill. As the chamber would be aware, 346Q provides that the Workplace Authority director is required to notify an employer about the outcome of the application of the no disadvantage test in relation to variations of collective agreements that commence operational approval. Proposed section 346ZH requires an employer who has received a notification from the Workplace Authority in relation to a collective agreement to take reasonable steps to ensure that the employees are given a copy of the notice as soon as is practicable.

Question agreed to.