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

Senator Sheldon, the examples that you have continued to give have a certain consistency about them, and that is the workers, the employees, that you're talking about who are taking the action. If you look at the grounds for cancellation, which I have spoken about before, it is most unlikely that the bill would apply to these scenarios because the action of the employee in participating in the work ban or in the actions you've outlined would not be industrial action; it is based on a reasonable concern about an imminent risk to their health or safety, and the employee didn't unreasonably fail to comply with the direction of their employer.

It's important that we recognise that there's more than one element to this. The second element is about the nature of obstructive industrial action. You have pointed to a number of examples where the imminent health or safety of the workers is relevant and paramount—that is, in relation to the actions that endanger the drivers you've spoken about. It would be obstructive industrial action if it:

… has prevented, hindered or interfered with:

(i) the activities of a federal system employer; or

(ii) the provision of any public service—

as I said, or:

… 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 …

So there is an even higher threshold in this bill for the court to make an order than is currently the case under the existing registered organisations act. Not only does the action have to be obstructive, within the context of the bill, but there has to be an application to the court by the Registered Organisations Commissioner in relation to that. The court then has to make a decision to agree. There are a number of steps attached to that, which I also went through in my previous comments. So there are a number of factors, and all those elements combine to say that it would not lead to the cancellation or the deregistration that you've raised.