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

I was going to outline the position of the government on amendments (12), (13), (14) and (15) so that the crossbenchers then are in a clear position to indicate to the chamber. Amendments (12) to (15) would amend clause 426 of the bill by modifying the threshold that Fair Work Australia is to apply when considering whether to suspend protected action because the action is threatening to cause significant harm to a third party. Amendments (12), (13) and (14) would amend clause 426(4) to require FWA to take into account the extent to which industrial action threatens—there are three parts—to disrupt ‘for an extended period’ the supply of goods or services to an enterprise carried on by a third party, ‘significantly’ reduce the capacity of the third party to fulfil a contractual obligation or cause other ‘serious’ economic loss to a third party. Amendment (15) will insert a new subclause 426(4A) to require FWA to be satisfied that the threatened significant harm to the third party is imminent before it suspends protected industrial action. In framing these amendments, the government has taken into account that this was a matter that was raised in the Senate committee report recommendation about these provisions—perhaps a better way to put it is that they were inspired by it.