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

I will take any pat on the back, even if it is figurative, Senator Murray. Thank you for that. The point that I want to make—and this goes back to one of the issues that arose in one of the first parts of the discussion in relation to both this bill and the substantive bill—is that we are conscious that these are significant changes. That is why the Deputy Prime Minister has made clear that the government will take a consultative approach, both through the Senate process and also in relation to consultations with employers and employees, on these bills. I hasten to add that the government when in opposition did take a consultative approach to the development of the policy and the implementation plan.

Question agreed to.

I move government amendment (22) on sheet PA412:

(22)  Schedule 1, Part 2, page 44 (after line 15), at the end of the Part, add:

15A  Effect of repeal of section 399

(1)    To avoid doubt, if, immediately before the commencement of this item, an industrial instrument had no effect because of the operation of section 399 of the pre-transition Act, the repeal of that section by this Act:

             (a)    does not cause the instrument to have effect after that commencement; and

             (b)    does not cause any protected award condition to cease to have effect.

(2)    In this item:

industrial instrument means an instrument mentioned in subsection 399(3) of the pre-transition Act, and includes any of the following (except to the extent that they contain protected award conditions):

             (a)    a common rule within the meaning of clause 89 of Schedule 6;

             (b)    a transitional Victorian reference award within the meaning of Part 7 of that Schedule;

             (c)    a transitional award within the meaning of that Schedule, to the extent that subclause 102(1) of that Schedule applies to it.

pre-transition Act means the Workplace Relations Act 1996 as in force immediately before the commencement of this item.

protected award condition has the meaning it had for the purposes of section 354 of the pre-transition Act.

Currently, the act provides that an agreement or award ceases to operate because it is replaced by a new agreement but the award or old agreement can revive when a replacement agreement is terminated. This amendment will ensure that the agreement revives only when terminated after the commencement of the bill. I am happy to expand more on that if required.

Question agreed to.

by leave—I move government amendments (23) and (24) from sheet PA412 together:

(23)  Schedule 1, item 48, page 50 (line 22), omit “section 346W (which deals”, substitute “section 346N or 346W (which deal”.

(24)  Schedule 1, item 67, page 53 (line 33) to page 54 (line 1), omit the item, substitute:

67  Paragraphs 390(2)(b) and 392(2)(ba) and (c)

Omit “AWA”, substitute “ITEA”.

Both of these deal with the correction of a typographical error.

Question agreed to.