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

by leave, I move amendments (1) to (4) on sheet 8164:

(1) Schedule 1, item 3, page 8 (line 25), at the end of paragraph 536F(3) (b), add "or former employees".

(2) Schedule 1, item 3, page 8 (after line 28), after paragraph 536F(3) (c), insert:

(ca) a benefit of nominal value associated with travel or hospitality during consultation, negotiation or bargaining;

(cb) a benefit of nominal value that is:

(i) a token gift, an event invitation or a similar benefit; and

(ii) given in accordance with common courteous practice among employers and organisations;

(3) Schedule 1, item 3, page 8 (lines 29 to 32), omit paragraph 536F(3) (d), substitute:

(d) a payment made, at no more than market value, for goods or services supplied to the defendant in the ordinary course of the organisation's business;

(4) Schedule 1, item 3, page 8 (line 36), at the end of paragraph 536F(3) (f), add ", or in settlement of a matter before the FWC or a genuine legal dispute".

The AiG, the ACTU, Professor Andrew Stewart and many other stakeholders have raised concerns that the exemptions in the bill to the cash or in-kind benefit offence are too narrowly drawn. For example, it makes it an offence for the following activities, which are not corrupt or corrupting and are standard activities: unions requesting and receiving payment from employers of wages or entitlements owed to ex-employees; unions negotiating the settlement of disputes with employers before court proceedings are commenced or have failed; and standard travel and hospitality during negotiations—for example, the employer making their conference room available with morning tea for a negotiation. The Labor amendments will mean that these perfectly proper activities are within the statutory exemptions.