29th Mar 2017 – Representatives Private Members' Business - Motion for Disallowance - Code for the Tendering and Performance of Building Work 2016

The majority voted against a motion to disallow sections 11(3)(a) and (c) of the Code for the Tendering and Performance of Building Work 2016. In other words, the majority of MPs supported those sections and wanted them to remain unchanged.

The motion was introduced by Labor Party MP Brendan O'Connor.

What are the sections?

Mr O'Connor MP explained that he introduced this motion because sections 11(3)(a) and (c) of the Code for the Tendering and Performance of Building Work 2016:

den[y] the right to limit or constrain in any way temporary work visas for work in workplaces in the building industry. It is the only industry that is not in a position to negotiate enterprise agreements with provisions that regulate the workplace in such a way as to, for example, limit the use of 457 visas or limit the use of holiday-maker visas and student visas—which are becoming increasingly prevalent in the building industry at the expense of unemployed tradespeople and labourers who live in this country and need work.

Section text

11 Content of agreements and prohibited conduct, arrangements and practices

(3) Without limiting the generality of subsection (1), clauses are not permitted to be included in enterprise agreements that:

(a) prescribe the number of employees or subcontractors that may be employed or engaged on a particular site, in a particular work area, or at a particular time;

Note: this does not prevent the inclusion of clauses in an enterprise agreement that encourage the employment of apprentices.

(c) require, or result in, discrimination between classes of employees because of the basis on which they are lawfully entitled to work in Australia;