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senate vote 2019-11-28#9
Edited by
mackay staff
on
2020-05-08 10:45:55
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Title
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 - in Committee- Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 - in Committee - Schedules
Description
- The majority voted in favour of keeping item 9 of schedule 2, and schedules 3 and 4, as amended, unchanged. The question was put after the Jacqui Lambie Network moved for those schedules to be opposed.
- ### What do these schedules do?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd057):
- * *Item 9 of Schedule 1 amends the bill so that a person who has been convicted of a prescribed offence as defined in section 212 is not eligible to be a candidate for election to, or to hold an office in, an organisation under subsection 215(1).*
- * *Schedule 3 deals with the administration of dysfunctional registered organisations and*
- * *Schedule 4 proposes a public interest test for amalgamations of registered organisations.*
- ### 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.*- * *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.*
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senate vote 2019-11-28#9
Edited by
mackay staff
on
2020-05-08 10:27:43
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Title
Bills — Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019; in Committee- Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 - in Committee
Description
<p class="speaker">Sue Lines</p><p>I will now deal with the amendments circulated by Pauline Hanson's One Nation. The question is that the amendments on sheet 8975 revised (2), circulated by Pauline Hanson's One Nation, be agreed to.</p><p class="italic"> <i>Pauline Hanson's One Nation's circulated amendments—</i></p>- The majority voted in favour of keeping item 9 of schedule 2, and schedules 3 and 4, as amended, unchanged. The question was put after the Jacqui Lambie Network moved for those schedules to be opposed.
- ### What do these schedules do?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd057):
- * *Item 9 of Schedule 1 amends the bill so that a person who has been convicted of a prescribed offence as defined in section 212 is not eligible to be a candidate for election to, or to hold an office in, an organisation under subsection 215(1).*
- * *Schedule 3 deals with the administration of dysfunctional registered organisations and*
- * *Schedule 4 proposes a public interest test for amalgamations of registered organisations.*
- ### 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 class="italic">(1) Schedule 1, item 2, page 3 (lines 13 to 27), omit subsection 9C(1), substitute:</p><p class="italic"> <i>Designated findings</i></p><p class="italic">(1) A <i>designated finding</i>, in relation to a person, is:</p><p class="italic">(a) any conviction against the person for an offence against a designated law; or</p><p class="italic">(b) any order for the person to pay a pecuniary penalty for the contravention of:</p><p class="italic">  (i) a civil penalty provision of this Act; or</p><p class="italic">  (ii) a civil remedy provision of the Fair Work Act; or</p><p class="italic">  (iii) a civil remedy provision of the <i>Building and Construction Industry (Improving Productivity) Act 2016</i>; or</p><p class="italic">  (iv) a WHS civil penalty provision of the <i>Work Health and Safety Act 2011</i>; or</p><p class="italic">  (v) a provision of a State or Territory OHS law (within the meaning of the Fair Work Act), other than an offence.</p><p class="italic">(2) Schedule 1, item 11, page 8 (line 26) to page 9 (line 5), omit paragraphs 223(6) (d) and (e), substitute:</p><p class="italic">(d) any conviction against the person for an offence against a law of the Commonwealth or a State or Territory:</p><p class="italic">  (i) involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property; or</p><p class="italic">  (ii) involving fraud, dishonesty, misrepresentation, concealment of material facts or a breach of duty; or</p><p class="italic">  (iii) that is punishable by imprisonment for 2 years or more;</p><p class="italic">(e) in any civil proceeding against the person, an order is made that relates to conduct by the person that involved fraud, dishonesty, misrepresentation, concealment of material facts or a breach of duty.</p><p class="italic">(3) Schedule 1, item 11, page 10 (lines 32 to 35), omit subsection 226(4).</p><p class="italic">(4) Schedule 1, item 17, page 12 (lines 5 and 6), omit "a finding", substitute "a conviction, order or finding".</p><p class="italic">(5) Schedule 1, item 17, page 12 (line 11), omit "a finding", substitute "a conviction, order or finding".</p><p class="italic">(6) Schedule 1, item 17, page 12 (lines 24 to 26), omit subparagraph (2) (d) (ii), substitute:</p><p class="italic">  (ii) for an event mentioned in paragraph 223(6) (d) or (e)—a conviction or order made in relation to conduct engaged in after commencement.</p><p class="italic">(7) Schedule 2, item 4, page 17 (lines 3 to 7), omit subsection 28C(2), substitute:</p><p class="italic">(2) In working out whether there is a record for the purposes of paragraph (1) (c), the Court must only have regard to the following:</p><p class="italic">(a) any designated findings made against the organisation or part or officers or members of the organisation or part;</p><p class="italic">(b) any findings that the organisation or part, or officers or members of the organisation or part, are in contempt of court in relation to an order or injunction made under a designated law.</p><p class="italic">(8) Schedule 2, item 11, page 25 (line 13), omit "findings", substitute "convictions or orders".</p><p class="italic">(9) Schedule 3, item 4, page 31 (line 22), omit "of strict liability".</p><p class="italic">(10) Schedule 3, item 4, page 32 (lines 18 to 20), omit subsection 323H(5), substitute:</p><p class="italic">(5) A person commits an offence if:</p><p class="italic">(a) the person is given a notice under subsection (3); and</p><p class="italic">(b) the person does not comply with the notice.</p><p class="italic">Penalty: 120 penalty units.</p><p class="italic">(11) Schedule 4, item 7, page 38 (line 18), omit "finding", substitute "designated finding".</p><p>Question agreed to.</p><p class="italic">The CHAIR: I will now deal with the amendments circulated by the Jacqui Lambie Network. The question is that item 9 of schedule 2, and schedules 3 and 4, as amended, be agreed to.</p><p class="italic"> <i>The Jacqui Lambie Network opposed item 9 of schedule 2, and schedules 3 and 4, in the following terms—</i></p><p class="italic">(27) Schedule 2, item 9, page 24 (lines 20 to 27), to be opposed.</p><p class="italic"> <i>[delegation by the Minister]</i></p><p class="italic">(31) Schedule 3, page 26 (line 1) to page 33 (line 27), to be opposed.</p><p class="italic"> <i>[administration of dysfunctional organisations]</i></p><p class="italic">(32) Schedule 4, page 34 (line 1) to page 40 (line 15), to be opposed.</p><p class="italic"> <i>[public interest test for amalgamations]</i></p>
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