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

by leave—We have withdrawn amendment (21). I move opposition amendments (22) and (23) on sheet 5739 revised 2 together:

(22)  Clause 262, page 235 (after line 28), at the end of the clause, add:

Genuine agreement

        (6)    FWA must be satisfied that the making of a determination is by consent of the bargaining representatives and that such consent was reached by genuine agreement.

(23)  Clause 269, page 241 (line 12), after paragraph (1)(c), insert:

     and (d)    the bargaining representatives have genuinely agreed to seek a workplace determination;

The opposition is understanding of what may well occur in the vote on this matter. We still want to indicate that we believe that if these provisions in relation to arbitration are to be part of the framework then the issue of what genuine agreement means should be identified. We are suggesting that Fair Work Australia must be satisfied that the making of a determination is in fact by consent of the bargaining representatives and that such consent was reached by genuine agreement. The government went to the last election saying that there would be no forced agreements placed on parties. Indeed, on 30 May Ms Gillard said to the National Press Club:

Our policy clearly states that no one will be forced to sign up to an agreement where they do not agree to the terms.

What the government has now done is to go back on that promise.

Another promise was made in Forward with Fairness that good faith bargaining would not require bargaining participants to make concessions or sign up to an agreement where they did not agree to the terms. The legislation now before us, however, allows Fair Work Australia to make a determination in matters where it is asserted that good faith bargaining has not taken place. We say that the provisions in relation to good faith bargaining are in fact putting in compulsory arbitration through the back door. We also say very clearly to the government that if it is to abide by its promise not to force anybody to sign up to an agreement where they do not agree to the terms then there should be no difficulty with their acceding to our amendment. That amendment makes it very clear that there has to be genuine agreement and that Fair Work Australia must be satisfied that the making of a determination is by consent of the bargaining representatives and that such consent was reached by genuine agreement and was not foisted upon them. It is a matter of whether the government is willing to abide by the promises and undertakings that it provided. So what we propose is to retain the new provisions but ensure that compulsory arbitration is only available where the bargaining representatives genuinely consent to such a determination being made.