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

Yes, I know it's happened, but this is a scenario in relation to an outcome under this bill. In the last seven years there have been no orders or findings made against the Australian nursing federation, I am advised, concerning unprotected industrial action. So that demonstrates that the organisations of the nursing profession, like the vast majority of unions, are able to advocate for and campaign on issues lawfully. If nurses and their unions want to advocate and campaign for particular issues, they clearly know and understand that there are lawful avenues to achieve this. There are a number of those.

But this ground for cancellation of registration is an existing ground in the legislation as included by the Australian Labor Party in the Fair Work (Registered Organisations) Act 2009. So, to the extent that you have a problem with this ground, you have an issue with your own legislation that has, in fact, sat on the books for over a decade. On that, it's important to note that there hasn't been a single application made under this ground, which reflects the appropriately significant threshold required, despite the fact that both the minister and a person interested, such as an employer, have had the power the make an application in all of that time. So, even in the unlikely event that the ground could apply, with the government amendments the court cannot make a cancellation of registration or an alternative order unless it's satisfied that, having regard to the gravity of the conduct constituting the ground, the making of the order would not be unjust. The court is required to consider whether the making of the order would not be unjust.

The court will also specifically have to consider the gravity of the matters constituting the ground to determine that cancellation would not be unjust—that is, section 28J—and the same considerations will be relevant to the court's determination on whether to make alternative orders under new proposed section 28L. You may like to assert otherwise, but the fact is that, with the additional safeguards being introduced in this bill and the amendments that I have moved here today, there will actually be a higher threshold for the court to make an order than is currently the case under the existing registered organisations act as legislated by the Australian Labor Party a decade ago, with the support of the trade union movement.