Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

I move opposition amendment (6) on sheet 7771 revised:

(6) Schedule 1, page 16 (after line 15), after item 48, insert:

48A After subsection 240(3)

  Insert:

FWC may deal with greenfields agreement dispute

  (3A) The FWC may deal with a dispute about a proposed single-enterprise agreement that is a greenfields agreement on its own initiative if the FWC is satisfied that it is in the public interest to do so.

48B Before subsection 240(4)

  Insert:

Bargaining representatives may agree that FWC can arbitrate

This is about expanding conciliation in relation to greenfields agreements. We heard much from the minister yesterday about bringing certain aspects of the Fair Work Act into the greenfields agreement making and why that was a good thing. If that is the principle then the principle of bringing the aspects of section 240 of the Fair Work Act, which provides a bargaining representative may apply to the Fair Work Commission to deal with a dispute by way of conciliation, should also be in this bill. It would allow the Fair Work Commission to deal with a dispute by way of conciliation on its own initiative, if the Fair Work Commission is satisfied that it is in the public interest to do so. It keeps that greenfields agreement negotiations consistent with the broader act. It was an argument that the opposition put forcefully yesterday. So, on that basis, I would think the government should accept this as part of the principle. Yesterday, they argued about bringing these issues into line.

Minister, I want to go to some of the issues that you raised yesterday in your responses. You indicated that good faith bargaining provisions had been extended to greenfields agreements and you argued that that would improve accountability in the negotiation process. You then spoke about past practice. You said:

… one would anticipate based on past practice that the majority of agreements are going to be negotiated …

That is page 94 of Hansard. You say that in the majority of cases the employer and the relevant unions will be able to reach an agreement. Minister, isn't it the case that presently all greenfields agreements are negotiated, not merely a majority?