Eric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

by leave—I move opposition amendments (28) to (32) and (34) to (36) on sheet 5739 revised 2:

(28)  Heading to subclause 311(1), page 269 (line 10), omit “and transferring work”, substitute “, transferring work and time of transmission”.

(29) Clause 311, page 269 (lines 21 and 22), omit paragraph 311(1)(d), substitute:

             (d)    the new employer has become the successor, transmittee or assignee of the business or part of the business in which the employee worked for the old employer.

             (e)    the time at which the new employer becomes the successor, transmittee or assignee of the business being transferred is the time of transmission.

(30) Clause 311, page 269 (line 25), omit “paragraphs (1)(a), (b) and (c)”, substitute “paragraphs (1)(a), (b), (c) and (d)”.

(31) Clause 311, page 269 (line 28) to page 271 (line 2), omit subclauses 311(3) to (6), substitute:

        (3)    A person is also a transferring employee for the purposes of this Part if:

             (a)    the person is employed by the old employer at any time within the period of 1 month before the time of transmission; and

             (b)    the person’s employment with the old employer is terminated by the old employer before the time of transmission for redundancy reasons or for reasons that include redundancy; and

             (c)    the person becomes employed by the new employer in the business being transferred within 2 months after the time of transmission.

        (4)    A reference to a particular state of affairs existing in relation to a transferring employee immediately before the time of transmission is to be read as a reference to that state of affairs existing immediately before the person last ceased to be an employee of the old employer.

(32) Page 272, after line 2, after clause 313, insert:

313A Coverage of a transferable instrument

        (1)    Subject to subsection (3), a transferable instrument that covers the new employer and the transferring employee because of section 313 (or any other person because of another provision of this Part) ceases to have coverage on the earlier of:

             (a)    the date the instrument ceases coverage under its own terms;

             (b)    12 months after the transfer time.

        (2)    Subject to subsection (3), after the transferable instrument ceases to have coverage in accordance with subsection (1), the new employer and the transferring employee are covered by:

             (a)    the modern award which is expressed to cover the new employer and the transferring employee; or

             (b)    the enterprise agreement which is expressed to cover the new employer and the transferring employee;

whichever is most beneficial to the employee.

        (3)    If the redundancy pay provisions in the transferable instrument are more beneficial to the employee than the provisions in the instrument which would otherwise take effect under subsection (2), the redundancy pay provisions in the transferable instrument continue to cover the transferring employee until 24 months after the transfer time.

(34)  Clause 319, page 276 (lines 23 to 31), omit paragraphs (1)(a) and (b).

(35) Clause 319, page 277 (lines 14 and 15), omit paragraph (2)(b).

(36) Clause 319, page 277 (lines 19 to 22), omit paragraph (2)(d).

If the crossbenchers have already determined an attitude, then I do not seek to delay the Senate any further.