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representatives vote 2022-11-07#5
Edited by
mackay staff
on
2022-11-17 15:52:15
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Title
Committees - Joint Select Committee on Fair Work Amendment Legislation; Appointment - Let another vote happen- Committees - Joint Select Committee on Fair Work Amendment Legislation; Appointment - Don't let another vote happen
Description
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- The majority voted in favour of *disagreeing* with a [motion](https://www.openaustralia.org.au/debates/?id=2022-11-07.113.2) to suspend the usual procedural rules - known as [standing orders](https://peo.gov.au/understand-our-parliament/how-parliament-works/parliament-at-work/standing-orders/) - in order to let a vote on another motion take place.
- ### Motion text
- > *That so much of the standing and sessional orders be suspended as would prevent the Manager of Opposition Business from moving the following motion immediately—*
- >
- > *That:*
- >
- > *(1) a Joint Select Committee on Fair Work Amendment Leg islation be established to inquire into and report on the provisions of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022;*
- >
- > *(2) the committee consist of 12 members, being two from the House of Representatives and two from the Senate no minated by the Prime Minister, two from the House of Representatives and two from the Senate nominated by the Leader of the Opposition, and two from the House of Representatives and two from the Senate to be nominated by any minority group or independent M ember or Senator;*
- >
- > *(3) every nomination of a member of the committee be notified in writing to the President of the Senate or the Speaker of the House of Representatives;*
- >
- > *(4) in the event that a house is not sitting and is not expected to meet for at least two weeks, the relevant whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, minority groups or independent Senators may nominate any appointment or discharge of a member of a committ ee in writing to the relevant Presiding Officer. The change in membership shall take effect from the time the Presiding Officer received the written nomination. At the next sitting, the Presiding Officer shall report the change to the relevant house and th e house shall resolve that membership of the committee;*
- >
- > *(5) the persons appointed for the time being to serve on the committee shall constitute the committee notwithstanding any failure by the Senate or the House of Representatives to appoint the full numb er of Senators or Members referred to in this resolution;*
- >
- > *(6) members of the committee hold office as a joint select committee until presentation of the committee's report;*
- >
- > *(7) the committee elect a chair and deputy chair;*
- >
- > *(8) in the event of an equally di vided vote, the chair, or the deputy chair when acting as chair, have a casting vote;*
- >
- > *(9) four members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include at least one Government member of either house and one non-Government member of either house;*
- >
- > *(10) the committee have power to:*
- >
- >> *(a) call for witnesses to attend and for documents to be produced;*
- >>
- >> *(b) conduct proceedings at any place it sees fit;*
- >>
- >> *(c) sit in public or in private; and*
- >>
- >> *(d) adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives;*
- >
- > *(11) the committee report on or before the last sitting day in February 2023;*
- >
- > *(12) the bill not proceed past its second reading until the committee has reported; and*
- >
> *(13) the provisions of this resolution, so far as they are inconsistent with the standing and sessional orders, have effect notwithstanding anything contained in the standing and sessional orders.*- > *(13) the provisions of this resolution, so far as they are inconsistent with the standing and sessional orders, have effect notwithstanding anything contained in the standing and sessional orders.*
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representatives vote 2022-11-07#5
Edited by
mackay staff
on
2022-11-17 15:50:35
|
Title
Committees — Joint Select Committee on Fair Work Amendment Legislation; Appointment- Committees - Joint Select Committee on Fair Work Amendment Legislation; Appointment - Let another vote happen
Description
<p class="speaker">Paul Fletcher</p><p>I seek leave to move the following motion:</p>-
- The majority voted in favour of *disagreeing* with a [motion](https://www.openaustralia.org.au/debates/?id=2022-11-07.113.2) to suspend the usual procedural rules - known as [standing orders](https://peo.gov.au/understand-our-parliament/how-parliament-works/parliament-at-work/standing-orders/) - in order to let a vote on another motion take place.
- ### Motion text
- > *That so much of the standing and sessional orders be suspended as would prevent the Manager of Opposition Business from moving the following motion immediately—*
- >
- > *That:*
- >
- > *(1) a Joint Select Committee on Fair Work Amendment Leg islation be established to inquire into and report on the provisions of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022;*
- >
- > *(2) the committee consist of 12 members, being two from the House of Representatives and two from the Senate no minated by the Prime Minister, two from the House of Representatives and two from the Senate nominated by the Leader of the Opposition, and two from the House of Representatives and two from the Senate to be nominated by any minority group or independent M ember or Senator;*
- >
- > *(3) every nomination of a member of the committee be notified in writing to the President of the Senate or the Speaker of the House of Representatives;*
- >
- > *(4) in the event that a house is not sitting and is not expected to meet for at least two weeks, the relevant whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, minority groups or independent Senators may nominate any appointment or discharge of a member of a committ ee in writing to the relevant Presiding Officer. The change in membership shall take effect from the time the Presiding Officer received the written nomination. At the next sitting, the Presiding Officer shall report the change to the relevant house and th e house shall resolve that membership of the committee;*
- >
- > *(5) the persons appointed for the time being to serve on the committee shall constitute the committee notwithstanding any failure by the Senate or the House of Representatives to appoint the full numb er of Senators or Members referred to in this resolution;*
- >
- > *(6) members of the committee hold office as a joint select committee until presentation of the committee's report;*
- >
- > *(7) the committee elect a chair and deputy chair;*
- >
- > *(8) in the event of an equally di vided vote, the chair, or the deputy chair when acting as chair, have a casting vote;*
- >
- > *(9) four members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include at least one Government member of either house and one non-Government member of either house;*
- >
- > *(10) the committee have power to:*
- >
- >> *(a) call for witnesses to attend and for documents to be produced;*
- >>
- >> *(b) conduct proceedings at any place it sees fit;*
- >>
- >> *(c) sit in public or in private; and*
- >>
- >> *(d) adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives;*
- >
- > *(11) the committee report on or before the last sitting day in February 2023;*
- >
- > *(12) the bill not proceed past its second reading until the committee has reported; and*
- >
- > *(13) the provisions of this resolution, so far as they are inconsistent with the standing and sessional orders, have effect notwithstanding anything contained in the standing and sessional orders.*
<p class="italic">That:</p><p class="italic">(1) a Joint Select Committee on Fair Work Amendment Legislation be established to inquire into and report on the provisions of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022;</p><p class="italic">(2) the committee consist of 12 members, being two from the House of Representatives and two from the Senate nominated by the Prime Minister, two from the House of Representatives and two from the Senate nominated by the Leader of the Opposition, and two from the House of Representatives and two from the Senate to be nominated by any minority group or independent Member or Senator;</p><p class="italic">(3) every nomination of a member of the committee be notified in writing to the President of the Senate or the Speaker of the House of Representatives;</p><p class="italic">(4) in the event that a house is not sitting and is not expected to meet for at least two weeks, the relevant whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, minority groups or independent Senators may nominate any appointment or discharge of a member of a committee in writing to the relevant Presiding Officer. The change in membership shall take effect from the time the Presiding Officer received the written nomination. At the next sitting, the Presiding Officer shall report the change to the relevant house and the house shall resolve that membership of the committee;</p><p class="italic">(5) the persons appointed for the time being to serve on the committee shall constitute the committee notwithstanding any failure by the Senate or the House of Representatives to appoint the full number of Senators or Members referred to in this resolution;</p><p class="italic">(6) members of the committee hold office as a joint select committee until presentation of the committee's report;</p><p class="italic">(7) the committee elect a chair and deputy chair;</p><p class="italic">(8) in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote;</p><p class="italic">(9) four members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include at least one Government member of either house and one non-Government member of either house;</p><p class="italic">(10) the committee have power to:</p><p class="italic">(a) call for witnesses to attend and for documents to be produced;</p><p class="italic">(b) conduct proceedings at any place it sees fit;</p><p class="italic">(c) sit in public or in private; and</p><p class="italic">(d) adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives;</p><p class="italic">(11) the committee report on or before the last sitting day in February 2023;</p><p class="italic">(12) the bill not proceed past its second reading until the committee has reported; and</p><p class="italic">(13) the provisions of this resolution, so far as they are inconsistent with the standing and sessional orders, have effect notwithstanding anything contained in the standing and sessional orders.</p><p>Leave not granted.</p><p>I move:</p><p class="italic">That so much of the standing and sessional orders be suspended as would prevent the Manager of Opposition Business from moving the following motion:</p><p>That so much of the standing and sessional orders be suspended as would prevent the Manager of Opposition Business from moving the following motion immediately—</p><p>That:</p><p>(1) a Joint Select Committee on Fair Work Amendment Leg islation be established to inquire into and report on the provisions of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022;</p><p>(2) the committee consist of 12 members, being two from the House of Representatives and two from the Senate no minated by the Prime Minister, two from the House of Representatives and two from the Senate nominated by the Leader of the Opposition, and two from the House of Representatives and two from the Senate to be nominated by any minority group or independent M ember or Senator;</p><p>(3) every nomination of a member of the committee be notified in writing to the President of the Senate or the Speaker of the House of Representatives;</p><p>(4) in the event that a house is not sitting and is not expected to meet for at least two weeks, the relevant whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, minority groups or independent Senators may nominate any appointment or discharge of a member of a committ ee in writing to the relevant Presiding Officer. The change in membership shall take effect from the time the Presiding Officer received the written nomination. At the next sitting, the Presiding Officer shall report the change to the relevant house and th e house shall resolve that membership of the committee;</p><p>(5) the persons appointed for the time being to serve on the committee shall constitute the committee notwithstanding any failure by the Senate or the House of Representatives to appoint the full numb er of Senators or Members referred to in this resolution;</p><p>(6) members of the committee hold office as a joint select committee until presentation of the committee's report;</p><p>(7) the committee elect a chair and deputy chair;</p><p>(8) in the event of an equally di vided vote, the chair, or the deputy chair when acting as chair, have a casting vote;</p><p>(9) four members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include at least one Government member of either house and one non-Government member of either house;</p><p>(10) the committee have power to:</p><p>(a) call for witnesses to attend and for documents to be produced;</p><p>(b) conduct proceedings at any place it sees fit;</p><p>(c) sit in public or in private; and</p><p>(d) adjo urn from time to time and to sit during any adjournment of the Senate and the House of Representatives;</p><p>(11) the committee report on or before the last sitting day in February 2023;</p><p>(12) the bill not proceed past its second reading until the committee has reported; and</p><p>(13) the provisions of this resolution, so far as they are inconsistent with the standing and sessional orders, have effect notwithstanding anything contained in the standing and sessional orders.</p><p>Standing orders must be suspended so that the House can agree on mechanisms to allow proper scrutiny of and informed debate on Labor's industrial relations bill, the so-called 'Fair Work, Fair Pay' bill in the House of Representatives. This is urgent, because it is clear that the Albanese Labor government is planning to use its numbers to ram this bill through the House of Representative. This is not good process. This is a 249-page bill and it needs proper scrutiny and examination.</p><p>That is why this motion would establish a joint select committee to examine the provisions of this bill and to report back by the last sitting day in February 2023. The model of establishing a joint select committee is exactly what the government did with its National Anti-Corruption Commission Bill, and the drafting of this motion draws substantially on the drafting of the motion moved by the Attorney-General to establish the joint select committee into the National Anti-Corruption Commission.</p><p>The matter is urgent because the government has been taking precisely the opposite approach to that which is required in relation to this lengthy and detailed bill, which would introduce the most radical changes in industrial relations in Australia for decades. This is absolutely the kind of bill that deserves the proper and careful scrutiny of the House of Representatives, but we have seen precisely the opposite approach from this government in seeking to ram this bill through the House as quickly as possible and using their numbers to do so.</p><p>The joint select committee which this motion would establish is designed to correct some of the flaws in the government's approach by allowing a more proper and thorough process of investigation into this bill. There is little doubt that this is what the Australian community would expect of their parliament in considering this important legislation. There is little doubt that every electorate which has elected a member to this place expects that member to be able to do his or her job in scrutinising and overseeing legislation which is before this House.</p><p>It is not a sufficient answer to that proposition to say, 'There's no need to worry because there will be a Senate committee.' There are two houses of this parliament, and it is important that this matter be properly and thoroughly considered by both houses. That's a principle that was acknowledged by the government in establishing the Joint Select Committee on National Anti-Corruption Commission Legislation, because there is representation from both houses on that joint select committee, and it's a principle which the opposition believes should underpin the establishment of this joint select committee.</p><p>The fact is that many concerns have been raised across the community about what the government's bill will mean for businesses, for workers and for all Australians. Many concerns have, rightly, been raised about increased strike action, increased industrial action, the impact on small business and many other considerations. Australians deserve to have those concerns heard, examined, ventilated and scrutinised, and for this House to be able to reach an informed position on this bill. By contrast, the deeply deficient process which the government is pursuing is that this 249-page bill was introduced in the previous setting week—only a few short days ago—and we now understand that the government intends to ram it through this chamber with very little time for appropriate consideration, appropriate examination and appropriately putting forward and debating amendments.</p><p>Let's be clear. Let's understand the urgency. Let's understand why standing orders need to be suspended. This is radical industrial relations legislation. This is the government jumping to the tune of the union bosses. It will mean more strikes. It will mean unions coming into small businesses when they have not been there before. It is a recipe for chaos in our economy. It means that the militant CFMMEU will be able to ride roughshod over building sites around the country, because this legislation abolishes the Australian Building and Construction Commission, which has been an important check on some of the worst excesses of the particular thuggish organisation. It means a return to the pattern bargaining that bedevilled Australian economy in the strike-ridden 1970s. The reason it is urgent that this matter be considered now, and vital that standing orders be suspended so that the House of Representatives can consider and vote on the establishment of a joint select committee, is that the policy matters here are weighty, the process that has been proposed for consideration is deeply inadequate, and we simply need to do better.</p><p>The key figures in the government—the Prime Minister, for example—talked big when in opposition about accountability and the need for a full and proper debate. The Prime Minister told Australians that he'd changed his spots—he was no longer a tough career politician. We were going to have new, kinder and gentler politics. He said he wanted to 'change the way we do politics in Australia'. Despite those promises, what we saw was that at the very first opportunity upon coming to government the Albanese Labor government fundamentally changed the way that procedures work in this House of Representatives, giving themselves power to impose gags and to shut down debate simply on the say-so of a minister, without any need for the matter to be voted upon at all. Sadly, gagging bills has become a pattern of behaviour from this government.</p><p>The facts are very clear as to why this matter is urgent and why standing orders need to be suspended. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 is 249 pages. It is a very complex and detailed bill, and upon any view it will have material consequences for industrial relations in Australia and for the operation of our economy and our society. That is why this motion seeks to have standing orders suspended so that a motion can be put to establish a joint select committee, in order that the issues connected to this bill can be subject—as they should be—to the fullest weight of parliamentary scrutiny. It has been drafted having regard to the approach the government took in relation to the National Anti-Corruption Commission and in relation to other precedents in the way that joint select committees work. This is good process. It's being proposed to correct a clear weakness in process, and so I commend what we are proposing to the House and I commend the motion to the House.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
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