Steve Fielding (Victoria, Family First Party) Share this | Hansard source

by leave—I move Family First amendments (7) to (10) and (12) on sheet 5733 revised:

(7)    Clause 482, page 393 (line 1), before “require”, insert “subject to subsection (1A), “.

(8)    Clause 482, page 393 (after line 10), after subclause (1), insert:

Permit holder must not access non-member records

     (1A)    The permit holder may not require, inspect, or make copies of any employee record (however described) of an employee who is not a member of the permit holders organisation, except with the written consent of the employee.

(9)    Clause 483, page 393 (line 25), omit “The”, substitute “Subject to subsections (1A) and (1B), the”.

(10)  Clause 483, page 393 (after line 28), after subclause (1), insert:

Conditions relating to non-member records

     (1A)    The permit holder may not require, inspect or make copies of any employee record (however described) of an employee who is not a member of the permit holder’s organisation, except with the written consent of the employee.

      (1B)    If the record or document is an employee record (however described) of an employee who is not a member of the permit holders organisation, the permit holder may apply to FWA for an order requiring the affected employer to provide a copy of the record or document to FWA.

      (1C)    FWA may make any order it thinks appropriate in relation to an application made under subsection (1B).

     (1D)    If FWA orders under subsection (1B) that the affected employer must provide a copy of a record or document:

             (a)    the affected employer must provide a copy of the record or document to FWA within the period specified in the order; and

             (b)    FWA must determine whether, and in what form, to provide the permit holder access to information contained in that record or document.

(12)  Clause 494, page 400 (after line 22), at the end of the clause, add:

Permit holder must not access non-member records

        (4)    The permit holder may not require, inspect or make copies of any employee record (however described) of an employee who is not a member of the permit holders organisation, except with the written consent of the employee.

These amendments are about unions having access to records of non-union members. The issue is unions accessing the confidential information of non-union employees that would see a breach of people’s privacy. I know that you can debate this until the cows come home, so we could be here all day, but I still think that unions should not be accessing the records of non-union members. Someone else should authorise that and I believe that Fair Work Australia is the impartial body that should be arbiter of whether or not this should occur. The amendments are basically along the lines that there should not be unfettered access and that Fair Work Australia should adjudicate before any access to the records of non-union members. I will leave it there.