Senate debates
Wednesday, 9 December 2020
Bills
Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamations) Bill 2020; Second Reading
4:58 pm
Richard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Hansard source
Firstly, can I thank those who have contributed to the debate. The government is pleased to be making these changes to ensure that registered organisations can choose the governance structure that best represents the people they are designed to serve—their own members. We are committed to ensuring that the industrial relations framework continues to adapt and change to meet the needs of business and workers alike and that it upholds the fundamental principle of freedom of association. The bill will give greater flexibility to constituent parts such as branches and divisions of amalgamated registered organisations by providing them with an opportunity to withdraw from an amalgamation if that will better serve them and their members. It addresses a current restriction in the Fair Work (Registered Organisations) Act 2009 which only provides a constituent part of an amalgamated organisation with a three-year window to withdraw from the amalgamated organisation more than two years but no later than five years after amalgamation. That outer limit of five years restricts the ability of registered organisations to adapt to, and align their governance structure with, the changing needs of members.
There are numerous valid reasons why a constituent part may want to withdraw from an amalgamation beyond the five-year window. The bill remedies shortcomings in the existing framework by allowing constituent parts of amalgamated organisations to apply to withdraw from that amalgamation beyond the five-year time limit. These are sensible changes that will be reviewed within two years of commencement to ensure that they are working effectively and meeting their objective. I commend the bill to the Senate.
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