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

by leave—I thank Senator Abetz and move government amendments (1) to (4) on sheet QC301:

(1)    Clause 318, page 276 (line 12), omit paragraph (3)(d), substitute:

             (d)    whether the transferable instrument would have a negative impact on the productivity of the new employer’s workplace;

             (e)    whether the new employer would incur significant economic disadvantage as a result of the transferable instrument covering the new employer;

              (f)    the degree of business synergy between the transferable instrument and any workplace instrument that already covers the new employer;

             (g)    the public interest.

(2)    Clause 319, page 277 (line 34), omit paragraph (3)(d), substitute:

             (d)    whether the transferable instrument would have a negative impact on the productivity of the new employer’s workplace;

             (e)    whether the new employer would incur significant economic disadvantage as a result of the transferable instrument covering the new employer;

              (f)    the degree of business synergy between the transferable instrument and any workplace instrument that already covers the new employer;

             (g)    the public interest.

(3)    Clause 320, page 278 (line 23), at the end of subclause (2), add:

      ; or (c)    to enable the transferable instrument to operate in a way that is better aligned to the working arrangements of the new employer’s enterprise.

(4)    Clause 320, page 279 (line 14), omit paragraph (4)(d), substitute:

             (d)    whether the transferable instrument, without the variation, would have a negative impact on the productivity of the new employer’s workplace;

             (e)    whether the new employer would incur significant economic disadvantage as a result of the transferable instrument, without the variation;

              (f)    the degree of business synergy between the transferable instrument, without the variation, and any workplace instrument that already covers the new employer;

             (g)    the public interest.

These amendments deal with transfer of business. Items 1, 2 and 4 will amend clauses 318, 319 and 320 of the bill to insert three additional matters that FWA must take into account in deciding, in a transfer of business, whether to order that the old employer’s industrial instruments cover the new employer and transferring employees, order that the old employer’s industrial instruments cover the new employer and its existing employees and vary the old employer’s industrial instruments in their application to the new employer. These amendments are intended to ensure that, in addition to considering matters such as whether employees would be disadvantaged, FWA also has regard to the circumstances of the new employer. In particular, this includes the new employer’s financial position and the degree of alignment between any industrial instruments of the old employer and arrangements that already exist in the new employer’s enterprise. Item 3 will amend clause 320 of the bill to insert an additional ground on which the FWA may vary a transferable instrument where there is a transfer of business—namely, to enable the transferable instrument to operate in a way that is better aligned to the working arrangements of the new employer.