18th Mar 2021, 1:13 PM – Senate Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 - in Committee - Compliance and enforcement

The same number of senators voted for and against a motion that:

opposition amendments (1) and (4) to (7) on sheet 1254, moved by Senator Wong, be agreed to

In other words, the same number of senators voted for and against those amendments and so, as a majority was not reached, they failed.

Amendment text

(1) Schedule 5, item 4, page 68 (line 4), omit "Subject to subsection (3A), the", substitute "The".

(4) Schedule 5, page 75 (after line 15), after item 10, insert:

10A At the end of section 557C

Add:

(4) To avoid doubt, a reference to proceedings relating to a contravention by an employer of a civil remedy provision in paragraph (1) (a) includes proceedings dealt with as small claims proceedings under section 548.

(5) Schedule 5, page 82 (before line 3), before item 36, insert:

36A Subsection 357(1)

Omit "(1)".

36B Subsection 357(1) (note)

Omit "subsection", substitute "section".

36C Subsection 357(2)

Repeal the subsection.

(6) Schedule 5, item 39, page 82 (lines 9 and 10), omit the item, substitute:

39 Subsection 539(2) (before table item 12)

Insert:

(7) Schedule 5, items 43 and 44, page 84 (lines 15 to 29), omit the items, substitute:

43 After subsection 27(1A)

Insert:

(1B) Section 26 does not apply to:

(a) a law of a State or Territory providing for an employer, or an officer, employee or agent of an employer, to be liable to be prosecuted for an offence relating to underpaying an employee an amount payable to the employee in relation to the performance of work; or

(b) a law of a State or Territory providing for an employer, or an officer, employee or agent of an employer, to be liable to be prosecuted for an offence relating to an employee record that is required to be made or kept by the employer under this Act (such as an offence for failing to make or keep such a record or making or keeping a false or misleading record).