Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the Fair Work Amendment Bill. I will first deal with the second reading amendment circulated by Pauline Hanson's One Nation. The question is that the amendment on sheet 2412 revised to be agreed to.

Pauline Hanson's One Nation circulated amendment—

At the end of the motion, add ", but the Senate:

(a) notes that:

(i) the bill only addresses one small aspect of Australia's workplace relations system and there are many other issues that still need to be addressed, and

(ii) the bill does not address concerns about underpayments of casual miners working under enterprise agreements in the black coal mining industry; and

(b) requires the Government to investigate claims that casual miners working under enterprise agreements in the black coal mining industry are, and have been, underpaid; and

(c) if underpayments are found to have occurred, facilitate the reimbursement of the underpayments".

Question agreed to.

The question now is that the bill be read a second time.

Question agreed to.

Bill read a second time.

I will now deal with the Committee of the Whole amendments circulated by the opposition. The question is that the amendments on sheets 2415, 2416 and 2417 be agreed to.

Opposition's circulated amendments—

SHEET 2415

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Schedule 1, item 1, page 3 (lines 4 to 7), omit the item, substitute:

1 Section 12 (definition of right to disconnect term )

Repeal the definition.

2 Section 149F

Repeal the section.

3 Section 321 (paragraph beginning "Division 6")

Repeal the paragraph.

4 Division 6 of Part 2-9

Repeal the Division.

5 Subsection 539(2) (table item 10E)

Repeal the item.

6 Division 5A of Part 16 of Schedule 1

Repeal the Division.

_____

SHEET 2416

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Page 3 (after line 7), at the end of the Bill, add:

Schedule 2 — Civil penalties

Fair Work Act 2009

1 Section 333Q (note)

Repeal the note.

2 Subsection 539(2) (table item 10E)

Repeal the item.

_____

SHEET 2417

(1) Clause 2, page 2 (table item 1), omit the table item, substitute:

(2) Page 3 (after line 7), at the end of the Bill, add:

Schedule 3 — Employers that employ fewer than 20 employees

Fair Work Act 2009

1 Before Subdivision A of Division 6 of Part 2-9

Insert:

Subdivision AA — Application of this Division

333MA Division does not apply to certain employers and employees

(1) This Division does not apply in relation to:

(a) an employer that employs fewer than 20 employees; or

(b) an employee of an employer that employs fewer than 20 employees.

(2) For the purposes of subsection (1), in calculating the number of employees employed by an employer at a particular time:

(a) subject to paragraphs (b) and (c)—all employees employed by the employer at that time are to be counted; and

(b) a casual employee is not to be counted unless, at that time, the employee is a regular casual employee of the employer; and

(c) a part-time employee (including a part-time casual employee counted under paragraph (b)) is to be counted as an appropriate fraction of a full-time equivalent.

2 Clause 111D of Schedule 1

Repeal the clause.