Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

Just for the Hansard record, I have listened carefully to the questions that Senator Xenophon has asked and I understand he will be supporting the amendment moved by Labor. But I also listened very carefully to the response that Senator Cameron gave. I just want to be very clear for the Hansard record: in the event that the government's prediction does come true—and the fact is that the Labor opposition now has the support of Senator Xenophon—I anticipate that well-resourced parties, including those engaging in exploitative practices that the bill intends to address, will no doubt occupy the time and the resources of the Fair Work Ombudsman in protracted and expensive legal arguments about whether or not the Fair Work Ombudsman has the jurisdictional basis to issue a notice, how any power is exercised in an interview or requirement to give information et cetera, and whether or not something falls in or out of the powers in their now limited form again. Although, I do acknowledge that the opposition have amended their previous amendment and have added in the coercion of an employee by an employer. That has addressed one of the government's concerns.

In Senator Cameron's answer to Senator Xenophon's question, he stated, 'The opposition had advice to the effect that the concerns raised by the government'—and I just want to set those concerns out again for the purposes of the Hansard record—'in relation to recordkeeping failings, false records, adverse action, the limiting of coercion, undue influence or pressure, misrepresentation of workplace rights, sham contracting, non-monetary breaches of industrial awards or agreements and not complying with Fair Work Commission orders to, for example, pay unfair dismissal compensation.' Senator Cameron indicated that the advice they had was that these would not be excluded from the amendment.

It would be good obviously if Senator Cameron could table that advice because that would certainly assist us all. It would give Senator Xenophon some comfort. It would certainly give the government comfort that the issues that we have raised well and truly fall squarely within the amendment. That would also then assist the courts or the commission in the event that these matters are litigated and they're looking to extrinsic material. Certainly extrinsic material includes Hansard records during committee debates, second reading debates et cetera and explanatory memoranda. It would certainly assist the commission or a court—whoever ultimately is looking at this—to be able to refer to such advice and say, 'Record-keeping failings are actually within the definition and, therefore, you are in breach.' I would invite Senator Cameron to table that advice but, in the event that that does not occur, just to note for the record what has been put on Hansardthat the advice does go to the effect that the concerns raised by the government are adequately reflected within the amendment that has been drafted.

The CHAIR: The question is that amendments (28) to (30), (32) to (34) and (39) on sheet 8144 and amendment (1) on sheet 8218 as moved by Senator Cameron be agreed to.