Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

By way of correcting the record, as I understand it—and maybe I will be corrected—the Liberals did do modelling on Work Choices and refused to release it. We have said in relation to that, of course, that the regulatory impact is within the Fair Work Bill. Be that as it may, I do not want to open up an argument about these matters more than necessary. We do need to get on with the legislative agenda for this evening.

In respect of the default funds in relation to super, as well as specifying a list of default funds, as I understand it, the AIRC has decided to allow an employer to make contributions on behalf of employees to any other fund to which an employer was making contributions on 12 September 2008. That is a matter that the AIRC has made a decision on, and it is, quite frankly, the most appropriate place for those matters to be dealt with. It is the Australian Industrial Relations Commission which can deal with those matters in a comprehensive way.

In respect of the broad issue regarding amendments, apart from those that have been circulated there remain, as I understand it, two minor amendments to deal with Senator Fielding’s concerns. They are not far away, but the remaining amendments are here and this government stands to deal with those seriatim.

To ensure that we have something before the chair, if the opposition do not mind too much I will move government amendment (1) on sheet PJ446 sheet. This item replaces the table in clause 2, setting out when particular clauses of the bill may commence by proclamation. The amendment provides, for example, for clauses 573 to 718 of the bill to commence on a single proclamation day. This is intended to allow the new institutions, the FWA and the FWO, and schedule 1—transitional provisions about early commencement—to be established before the rest of the bill to enable administrative decisions to be taken. For example, it would enable appointments to the institution to be made prior to the substantive functions of the institution commencing. However, the substantive functions of the institution and inspectors’ powers of course cannot commence before the Fair Work (Transitional Provisions and Consequential Amendments) Bill receives royal assent.

I move government amendment (1) on sheet PJ446:

(1)    Clause 2, page 2 (table), omit the table, substitute: