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senate vote 2019-11-28#7

Edited by mackay staff

on 2020-05-08 10:54:01

Title

  • Bills — Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019; in Committee
  • Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 - in Committee - Oppose item

Description

  • <p class="speaker">Sue Lines</p>
  • <p>I will now deal with the other amendments circulated by the Australian Greens.</p>
  • <p class="speaker">Marise Payne</p>
  • The majority voted in favour of keeping item 6 of schedule 3 unchanged after the Australian Greens moved for it to be opposed.
  • ### Motion text
  • > *6 After paragraph 343B(2)(h)*
  • >
  • > *Insert:*
  • >
  • >> *(ha) subsection 323(1);*
  • ### What is the bill's main idea?
  • The bill was [introduced in order to](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd057):
  • * *include serious criminal offences punishable by five or more years’ imprisonment as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime which prohibits a person from acting as an official of a registered organisation*
  • * *allow the Federal Court to disqualify officials from holding office where they have:*
  • > * *contravened a range of industrial laws*
  • > * *are found in contempt of court in relation to industrial laws or certain other circumstances*
  • > * *repeatedly fail to stop their organisation from breaking the law or*
  • > * *are otherwise not a fit and proper person to hold office in a registered organisation*
  • * *make it an offence for a person to continue to act as an official or in a way that influences the affairs of an organisation once disqualified*
  • * *allow the Federal Court to deregister an organisation (or make alternative orders) where there is:*
  • > * *unlawful or otherwise improper conduct of the affairs of the organisation*
  • > * *serious criminal offences committed by the organisation*
  • > * *repeated breaches of a range of industrial laws by its members or*
  • > * *the taking of obstructive unprotected industrial action by a substantial number of members*
  • * *allow applications to be made to the Federal Court for alternative orders, including suspending the rights and privileges of an organisation, an individual or a branch or division of an organisation, instead of making an order deregistering an organisation.*
  • * *expand the grounds on which the Federal Court may order remedial action to deal with governance issues in an organisation and expressly provide that the Federal Court may appoint an administrator to an organisation or part of an organisation as part of a remedial scheme and*
  • * *introduce a public interest test for amalgamations of registered organisations, which will allow relevant matters to be taken into account, such as each organisation’s record of compliance with industrial laws.*
  • <p>In relation to those amendments, the government would seek to have the Australian Greens amendment on sheet 8844 voted on separately.</p>
  • <p class="speaker">Rachel Siewert</p>
  • <p>We indicate that we would like our amendment on sheet 8805 voted on separately as well.</p>
  • <p class="italic">The CHAIR: The question is that item 6 of schedule 3 stand as printed.</p>
  • <p class="italic"> <i>The Australian Greens opposed item 6 of schedule 3 in the following terms&#8212;</i></p>
  • <p class="italic">(14) Schedule 3, item 6, page 33 (lines 25 to 27), to be opposed.</p>