Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Hansard source

These proposed amendments purport to exclude employees who resign from their employment with the old employer both from new part 6-3A and part 2-8. The government does not support the amendments.

The effect of the amendments would be to exclude from the transfer of business framework all employees who resign from the old employer at their own initiative. We have been crystal clear in respect of the intended operation of this legislation: we would provide as close as possible protections to those currently provided in the Fair Work Act. The opposition has clearly said that they will not support the bill and that they will not support the bill even if this amendment is passed.

The opposition argues that their amendments reflect recommendations in the Fair Work Act review panel report, but these amendments go beyond what was recommended by the independent panel which reviewed the Fair Work Act. The panel proposed amendments in respect of employees choosing to transfer between associated entities—for example, a corporate group. This amendment, however, would see employees excluded from protections in all transfers where an employee has resigned of their own initiative. It is another example of the opposition seeing an opportunity to reduce workers' protections and grabbing it with both hands.

The government has said that it will continue to work through the recommendations arising from the independent review of the Fair Work Act, including the one recommendation the panel has made with respect to transfer of business. We have said that nothing has been ruled in and that nothing has been ruled out, and we will continue to work in a constructive and consultative way.