Senate debates

Thursday, 19 March 2009

Fair Work Bill 2008

In Committee

10:52 pm

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

The main difference between the various sets of amendments is that the drafting of the government is, in the government’s view, more concise and consistent with the position that we want to argue in our amendment around the right of entry provision. Therefore, we will not be supporting the Family First provision.

I will outline the position in the debate. The amendments would provide that a permit holder cannot inspect non-member records unless the relevant employee consents in writing or FWA orders that access be provided. Amendments would not apply to entry with respect to the TCF outworkers or entry under a state or territory OH&S law. I think that is clear. A non-member’s record would be defined as a record that relates to the employment of a person who is not a member of the union. The amendments also provide that a permit holder will not be able to require access to non-member records. A permit holder will be able to seek an order from FWA giving them access to non-member records. FWA will be able to grant such an order only if it is satisfied that access is necessary to investigate a suspected breach relating to a member. And I note that the opposition have indicated that they are not minded to support Senator Fielding’s motion. They do prefer ours at the end of the day, if nothing else for its conciseness and its accurate reflection of the policy.

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