Mark Arbib (NSW, Australian Labor Party, Minister Assisting the Prime Minister for Government Service Delivery) Share this | Hansard source

Senator Xenophon, the first question you raised was actually raised in the House, and the government have moved an amendment in the House which will have that effect. So my understanding is that that matter has been resolved.

We are opposing opposition amendment (8). This amendment allows employers to refuse right of entry when a business is subject to a demarcation dispute, which would deprive employees of access to their union at the workplace merely because there is an application for a representation order. This amendment is draconian and unnecessary. It would create a perverse incentive to make such applications and delay the resolution of those applications in order to avoid a union seeking access to its members. This could, for example, be misused by an employer in a bargaining situation to prevent a union representing people. But it is important to note that where a demarcation issue is causing difficulties there is already the capacity to seek an interim representation order. For these reasons, the amendment is opposed.

Amendment (9) requires employers’ views to be considered when making a representation order. This is unnecessary as the consequences for the employer of not making an order is already a factor that Fair Work Australia must consider. An amendment requiring greater regard for existing representation orders is also unnecessary as the bill already prevents Fair Work Australia from making a new order that would be inconsistent with an existing representation order.

The government oppose amendment (10). We believe this amendment is unnecessary. The bill already requires Fair Work Australia to have regard to any development agreement or understanding of which Fair Work Australia becomes aware that deals with the right of an organisation of employees to represent the industrial interests of a particular class of employees. This is dealt with in schedule 22, part 3, 137B of this bill. As well, the government has moved amendment (15), which allows for the recognition of a demarcation order made in a state industrial relations system. These provisions make the amendment unnecessary and confusing and it is therefore opposed.