senate vote 2013-06-27#16
Edited by
mackay staff
on
2013-11-01 14:54:23
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Title
Bills — Fair Work Amendment Bill 2013; Second Reading
- Fair Work Amendment Bill 2013 - Amendment - Workplace Bullying
Description
<p class="speaker">John Hogg</p>
<p>The question now is that the bill be read a second time.</p>
<p>Question agreed to.</p>
- <p>The Aye voters failed to pass a motion to amend the Fair Work Amendment Bill 2013. The amendment was introduced by Liberal Party <a href="http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Eric_Abetz&mpc=Senate&house=senate">Senator Eric Abetz</a> to address concerns that the Opposition held about the bullying provisions contained in the Bill.</p>
- <p>Someone who voted Aye supported the amendment. The majority voted No, so the amendment was unsuccessful.</p>
- <p><b>Debate in Parliament</b></p>
- <p>The amendment was directed at the part of the Bill that enabled an employee who is bullied at work to apply to the Fair Work Commission (‘FWC’) for an order to stop the bullying. Liberal Senator Eric Abetz <a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F81320ab7-05a7-4deb-b6c9-aeba0e6b51bf%2F0232;query=Id%3A%22chamber%2Fhansards%2F81320ab7-05a7-4deb-b6c9-aeba0e6b51bf%2F0000%22">said that</a> he didn’t have the opportunity to speak to the amendments in detail due to time constraints. However, he did emphasise the importance of expanding the bullying provisions so that they included the conduct of union officials towards workers and employers. The other part of the amendment stated that workers should only be able to approach the FWC for an order after they have first approached an independent regulatory body for help and advice, such as Safe Work Australia.</p>
- <p>The Labor Government in the Senate did not comment on the proposed amendment, though <a href="http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Doug_Cameron&mpc=Senate&house=senate">Senator Doug Cameron</a> did <a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F81320ab7-05a7-4deb-b6c9-aeba0e6b51bf%2F0235;query=Id%3A%22chamber%2Fhansards%2F81320ab7-05a7-4deb-b6c9-aeba0e6b51bf%2F0000%22">describe</a> Senator Abetz as having “no credibility on workplace relations issues”.</p>
- <p><b>Background to the Bill</b></p>
- <p>This Bill was partly made in response to a review of the <i>Fair Work Act 2009</i> (‘the Act’) by an independent review panel in 2012. The Panel found that the Act was broadly meeting its objectives and so its recommendations were mainly technical. Approximately one third of these recommendations were implemented by the <i>Fair Work Amendment Act 2012</i> and this Bill was introduced to implement several more of the recommendations as well as other reforms.</p>
- <p>More information about this Bill and the context surrounding it can be found <a href="http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1213a/13bd118">here</a>. The text of the proposed amendment can be found <a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F81320ab7-05a7-4deb-b6c9-aeba0e6b51bf%2F0239;query=Id%3A%22chamber%2Fhansards%2F81320ab7-05a7-4deb-b6c9-aeba0e6b51bf%2F0000%22">here</a>.</p>
<p>Bill read a second time.</p>
<p>The question now is that amendments numbered (1) to (27) on sheet 7389 circulated by the opposition be agreed to.</p>
<p class="italic"><i>Opposition's circulated amendments—</i></p>
<p class="italic">(1) Schedule 3, item 1, page 16 (line 6), omit "allows a worker", substitute "allows a worker or employer".</p>
<p class="italic">(2) Schedule 3, item 3, page 16 (line 17), omit "Workers bullied at work", substitute "Workers or employers bullied at work".</p>
<p class="italic">(3) Schedule 3, item 4, page 16 (line 21), omit "workers bullied", substitute "workers or employers bullied".</p>
<p class="italic">(4) Schedule 3, item 5, page 17 (line 1), omit "workers bullied", substitute "workers or employers bullied".</p>
<p class="italic">(5) Schedule 3, item 6, page 17 (line 5), omit "Workers bullied", substitute "Workers or employers bullied".</p>
<p class="italic">(6) Schedule 3, item 6, page 17 (line 8), omit "a worker who", substitute "a worker or employer who".</p>
<p class="italic">(7) Schedule 3, item 6, page 17 (line 9), omit "stop the bullying", substitute "stop the bullying after seeking advice from the Fair Work Ombudsman or Safe Work Australia or such other organisation as prescribed by the regulations".</p>
<p class="italic">(8) Schedule 3, item 6, page 17 (line 12), omit "Stopping workers", substitute "Stopping workers and employers".</p>
<p class="italic">(9) Schedule 3, item 6, page 17 (line 14), omit "A worker who", substitute "Subject to subsection (1A), a worker or employer who".</p>
<p class="italic">(10) Schedule 3, item 6, page 17 (line 15), omit "at work", substitute "at work by a worker, employer or official of a registered organisation".</p>
<p class="italic">(11) Schedule 3, item 6, page 17 (after line 15), after subsection 789FC(1), insert:</p>
<p class="italic">  (1A) Prior to applying to the FWC for an order under section 789FF, the worker or employer must seek preliminary advice from one of the following organisations confirming that the behaviour in question does, or may, constitute bullying and that alternative remedies have been considered:</p>
<p class="italic">(a) the Fair Work Ombudsman;</p>
<p class="italic">(b) Safe Work Australia;</p>
<p class="italic">(c) an occupational health and safety organisation of a State or Territory prescribed by the regulations pursuant to subsection (1B).</p>
<p class="italic">  (1B) The Governor-General may make regulations prescribing an occupational health and safety organisation of a State or Territory. However, if the Governor-General makes the regulation, the regulation must include at least one occupational health and safety organisation from each State and Territory.</p>
<p class="italic">(12) Schedule 3, item 6, page 18 (line 3), omit "worker <i>bullied</i>", substitute "worker or employer <i>bullied</i>".</p>
<p class="italic">(13) Schedule 3, item 6, page 18 (line 4), omit "A worker", substitute "A worker or employer".</p>
<p class="italic">(14) Schedule 3, item 6, page 18 (line 5), omit "the worker", substitute "the worker or employer".</p>
<p class="italic">(15) Schedule 3, item 6, page 18 (line 8), at the end of subparagraph 789FD(1)(a)(ii), add "or".</p>
<p class="italic">(16) Schedule 3, item 6, page 18 (after line 8), after subparagraph 789FD(1)(a)(ii), insert:</p>
<p class="italic">     (iii) an official of a registered organisation;</p>
<p class="italic">(17) Schedule 3, item 6, page 18 (line 9), omit "the worker", substitute "the worker or employer".</p>
<p class="italic">(18) Schedule 3, item 6, page 18 (line 10), omit "group of workers of which the worker is a member", substitute "group of which the worker or employer is a member".</p>
<p class="italic">(19) Schedule 3, item 6, page 19 (line 12), omit "a worker", substitute "a worker or an employer".</p>
<p class="italic">(20) Schedule 3, item 6, page 19 (line 14), omit "the worker", substitute "the worker or employer".</p>
<p class="italic">(21) Schedule 3, item 6, page 19 (line 16), omit "the worker", substitute "the worker or employer".</p>
<p class="italic">(22) Schedule 3, item 6, page 19 (line 18), omit "order it considers appropriate", substitute "order it considers appropriate, including an order revoking a union right of entry permit,".</p>
<p class="italic">(23) Schedule 3, item 6, page 19 (line 20), omit "the worker", substitute "the worker or employer".</p>
<p class="italic">(24) Schedule 3, item 6, page 19 (line 27), omit "the worker", substitute "the worker or employer".</p>
<p class="italic">(25) Schedule 3, item 6, page 19 (line 30), omit "the worker", substitute "the worker or employer".</p>
<p class="italic">(26) Schedule 3, item 6, page 20 (line 7), omit "a worker", substitute "a worker or employer".</p>
<p class="italic">(27) Schedule 3, item 6, page 20 (line 8), omit "the worker", substitute "the worker or employer".</p>
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