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

I thank Senator Gallacher for his questions. In some ways this goes to the discussion I was having with Senator Sheldon earlier about imminent health and safety concerns and actions taken in relation to them. If that is the case—if that action is being taken by the workers and it is regarded as being unlawful industrial action—even in that case the action has to be obstructive for it to be a ground for deregistration under the bill, and that has two elements to it as well. It has to have prevented, hindered or interfered with the activities of an employer or any relevant public service, and it has to have had a substantial adverse effect on the safety, health or welfare of the community, and that is a significant threshold. The examples that you and Senator Sheldon have raised with me and the chamber are all serious examples. Yours, Senator Gallacher, go to transport safety and drivers in particular. Senator Sheldon's went to violence in a particular workplace, whether it was the Armaguard example or other examples which, unfortunately, you and I, Senator Sheldon, have been familiar with in New South Wales over the years. But the threshold that is established in the bill is a significant threshold, and unlawful industrial action without those features won't give rise to a ground for deregistration under the bill.

What I would also reinforce, as I said in the previous discussion with Senator Sheldon and others, is that this obstructive industrial action ground is an existing ground for deregistration under the current registered organisations act, which was legislated by the Labor government in 2009. So, if there is a continuing concern about that, it is a concern that should be held in relation to the existing act, and it has not been raised, as far as I am aware, in relation to your own legislation, which has now sat on the books for over a decade. I would also note, as I did, I think, in answer to Senator Ayres earlier, that there hasn't actually been a single application made under that ground, which reflects the appropriately significant threshold required. Despite the fact that, in this period of time since it was legislated in 2009, both the minister and a person interested, such as an employer, have had the power to make an application for all of that time.

So I accept your serious concerns—and I have acknowledged, Senator, your long experience in these matters—but the fact is that, with the additional safeguards that are being introduced in this bill, and with the amendments that we have moved, to which we are speaking here this afternoon, there will actually be a higher threshold before the court can make an order than is currently the case under the existing registered organisations act. Those additional safeguards that lead to that higher threshold include that the commissioner must satisfy the court that it would not be unjust to cancel the registration, taking into account the nature of the matter—so the very description that you have provided to the chamber; the action taken into relation to those matters—the very description that you have provided to the chamber of the action that a driver might take; the best interests of the members—the very issue that you have raised about the protection of drivers who might be in a workplace of that nature; and any other matter—including, in this case, the public health objectives of such action. The court is prohibited from making the order unless it is satisfied that, having regard to the gravity of the matters having constituting the ground, disqualification would not be unjust—and only the commissioner will have standing to bring an application.

So, to be very clear, this is a provision, an existing ground, which is present in the current registered organisations act, which was legislated by your government. This bill in fact provides additional safeguards to constitute a higher threshold to address the issues that you and other senators have raised, Senator Gallagher.