Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

There are two points that I think are important to reiterate. The bill won't apply, because the action by the employee of participating in the work ban would not be an industrial action, because it's based on a reasonable concern about an imminent risk to their health or safety. The scenario and the very real case that Senator Sheldon has put forward, and I appreciate that he is using specific examples, would certainly qualify in the context of an imminent risk to health or safety. I would also remind the chamber that these amendments will actually provide a higher threshold for the court to make an order than is currently the case under the existing Fair Work (Registered Organisations) Act, because this section, section 28G, and the ground only captures obstructive industrial action, and that means industrial action that, as I said before, has prevented, hindered or interfered with the activities of a federal system employer or the provision of a public service and has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community. The facts that Senator Sheldon is advancing in support of his argument don't meet, on the advice I have, that level in the context of the case you're putting forward and in the context of section 28G as it stands.

I am also advised that, on the deregistration point, as you have put it, it is absolutely a requirement for any ground for deregistration to be established that the organisation, its officers or its members have engaged in unlawful conduct. The grounds for deregistration cover a range of behaviours, including the commission of serious criminal offences, being in contempt of court and conducting the affairs of the organisation in a way that leads to the organisation, its officers or its members having a record of not complying with the law. The facts in the scenario and the circumstances that you have put to the chamber, Senator Sheldon, don't meet that test.