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

by leave—I move government amendments (1), (3) and (5) to (9) on sheet QC300 together:

(1)    Clause 12, page 10 (after line 24), after the definition of annual wage review, insert:

anti-discrimination law: see subsection 351(3).

(3)    Clause 12, page 28 (line 13), omit the definition of State or Territory anti-discrimination law.

(5)    Clause 347, page 301 (line 31), after “association”, insert “, or to someone in lieu of an industrial association”.

(6)    Clause 351, page 304 (lines 12 and 13), omit paragraph (2)(a), substitute:

             (a)    not unlawful under any anti-discrimination law in force in the place where the action is taken; or

(7)    Clause 351, page 304 (lines 22 and 23), omit the note.

(8)    Clause 351, page 304 (line 24), omit “a State or Territory”, substitute “an”.

(9)    Clause 351, page 304 (before line 26), before paragraph (3)(a), insert:

           (aa)    the Age Discrimination Act 2004;

           (ab)    the Disability Discrimination Act 1992;

           (ac)    the Racial Discrimination Act 1975;

           (ad)    the Sex Discrimination Act 1984;

These are technical amendments to ensure that an exception to the discrimination provision, which is clause 351, operates as intended. Currently the exception provides that action is not discriminatory if it is authorised under a Commonwealth, state or territory antidiscrimination law. Amendment (6) clarifies that the exception only relates to laws applying in the place where the action occurred. Amendment (6), together with both (8) and (9), makes clear that the exception applies where conduct is not unlawful under another antidiscrimination law—for example, statutory exemptions—rather than positively authorised under such a law. These amendments are necessary, as otherwise the exception would be limited and would not capture the full range of conduct that is permissible under a Commonwealth, state or territory antidiscrimination law. Briefly, amendments (1), (3) and (7) are in effect consequential to that.

That leaves, by my calculation, amendment (5). Proposed amendment (5) goes to the definition of engagement in industrial activity. It would make sure that the definition captures payments not only to industrial associations but also to persons in lieu of an industrial association. This would ensure that industrial associations cannot get around this important prohibition by having fees paid to a third party. You can see the necessity for that provision.