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senate vote 2020-05-14#1
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mackay staff
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2020-05-22 09:53:36
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Title
Regulations and Determinations — Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020; Disallowance- Regulations and Determinations - Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 - Disallowance
Description
<p class="speaker">Anne Urquhart</p><p>Before moving business of the Senate notice of motion No. 4, I wish to inform the chamber that Senators Patrick will also sponsor the motion. I, and also on behalf of Senators Farrell and all other opposition senators, and Senators Lambie, Faruqi, Siewert and Patrick, move:</p><p class="italic">That the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020, made under the Fair Work Act 2009, be disallowed [F2020L00432].</p>- The majority voted against the following [motion](https://www.openaustralia.org.au/senate/?id=2020-05-14.83.2) introduced by Tasmanian Senator [Anne Urquhart](https://theyvoteforyou.org.au/people/senate/tasmania/anne_urquhart) (Labor):
- > *That the [Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020](https://www.legislation.gov.au/Details/F2020L00432), made under the Fair Work Act 2009, be disallowed [F2020L00432].*
- ### What do the regulations do?
- According to the [explanatory memorandum](https://www.legislation.gov.au/Details/F2020L00432/Explanatory%20Statement/Text):
- > *The Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 (the Amendment Regulations) shortens the period that employees must have access to a copy of a proposed variation of an enterprise agreement, and before which employees must be notified of the details of the vote on the variation, from seven calendar days to one calendar day. Employees will still be required to have genuinely agreed to a variation of an enterprise agreement.*
<p class="speaker">Anne Ruston</p><p>I seek leave to make a short statement.</p> <p class="speaker">Scott Ryan</p><p>Leave is granted for one minute.</p> <p class="speaker">Anne Ruston</p><p>This regulation amends the formal access period applicable to a variation for an enterprise agreement to allow flexibility to respond to the COVID-19 pandemic. Employees retain the right to vote on any proposal. An agreement varied in this way must still pass the better-off-overall test, and the Fair Work Commission must still be satisfied that the variation was genuinely agreed. The government has not been made aware of any instances of misuse and has in any case committed to review the operation of the regulation in coming weeks to ensure this continues to be the case.</p> <p class="speaker">Scott Ryan</p><p>The question is that business of the Senate motion No. 4 be agreed to.</p>
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