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

As I said, I have listened to the debate and I have raised my concerns. I think that again the word ‘may’ in subclause 426(4) means that Fair Work Australia can work it out. We have set Fair Work Australia to be the independent umpire, and I do not see the justification for increasing the hurdles for someone making a claim. Despite the arguments put forward, you still have subclause (3):

(3) FWA must be satisfied that the protected industrial action is threatening to cause significant harm to any person other than:

(a)

a bargaining representative for the agreement—

and it goes on. But subclause (4) I think allows people and other third parties to have a look at that and say, ‘I think I’ve got a claim that should be considered by Fair Work Australia.’ Fair Work Australia is big enough to look after itself, it is a statutory body and it is accountable to parliament—and we can review it. If there is a problem, I think I would rather err on the side of allowing the effect protected industrial action has on third parties to be taken into account, so I am inclined to leave the bill the way it is at the moment.