9th Aug 2017, 7:18 PM – Senate Fair Work Amendment (Corrupting Benefits) Bill 2017 - Third Reading - Pass the bill

The majority voted in favour of a motion to read the bill for a third time. In other words, they voted to pass the bill in the Senate. Since new amendments had been added to the bill, it will now return to the House of Representatives, where our MPs will decide on whether they agree with those amendments.

What does this bill do?

According to the bills digest:

The purpose of the Fair Work Amendment (Corrupting Benefits) Bill 2017 (the Bill) is to amend the Fair Work Act 2009 (the FW Act) to:

• create new criminal offences related to the solicitation, giving or receipt of corrupting benefits (applicable within the context of the industrial relations framework created by the FW Act) and

• create new criminal offences related to national system employers offering, promising or providing certain ‘prohibited payments’ and other persons soliciting, receiving, obtaining or agreeing to obtain such payments.

The FW Act also deals with negotiation and creation of enterprise agreements (EAs). An EA is an agreement made at the enterprise (business) level and is enforceable under the FW Act. An EA sets out terms and conditions of employment and the rights and obligations of the employees and the employer covered by the agreement. An EA must meet a number of requirements under the FW Act before it can be approved by the Fair Work Commission (FWC).

The Bill would amend the FW Act to require bargaining representatives to disclose financial benefits that they, or a person or body reasonably connected with them, would or could reasonably be expected to derive because of a term of a proposed EA.