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senate vote 2021-03-18#8
Edited by
mackay staff
on
2022-07-08 10:51:34
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Title
Bills — Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021; in Committee- Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 - in Committee - Compliance and enforcement
Description
<p class="speaker">Penny Wong</p><p>by leave—I move opposition amendments (1) and (4) to (7) on sheet 1254 together:</p>-
- The same number of senators voted for and against a [motion](https://www.openaustralia.org.au/senate/?gid=2021-03-18.46.1) that:
- > *opposition amendments (1) and (4) to (7) on [sheet 1254](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6653_amend_40315df7-fc1b-40ad-b514-842f54cd191e%22;rec=0), moved by [Senator Wong](https://theyvoteforyou.org.au/people/senate/sa/penny_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).*
<p class="italic">(1) Schedule 5, item 4, page 68 (line 4), omit "Subject to subsection (3A), the", substitute "The".</p><p class="italic">(4) Schedule 5, page 75 (after line 15), after item 10, insert:</p><p class="italic">10A At the end of section 557C</p><p class="italic">Add:</p><p class="italic">(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.</p><p class="italic">(5) Schedule 5, page 82 (before line 3), before item 36, insert:</p><p class="italic">36A Subsection 357(1)</p><p class="italic">Omit "(1)".</p><p class="italic">36B Subsection 357(1) (note)</p><p class="italic">Omit "subsection", substitute "section".</p><p class="italic">36C Subsection 357(2)</p><p class="italic">Repeal the subsection.</p><p class="italic">(6) Schedule 5, item 39, page 82 (lines 9 and 10), omit the item, substitute:</p><p class="italic">39 Subsection 539(2) (before table item 12)</p><p class="italic">Insert:</p><p class="italic">(7) Schedule 5, items 43 and 44, page 84 (lines 15 to 29), omit the items, substitute:</p><p class="italic">43 After subsection 27(1A)</p><p class="italic">Insert:</p><p class="italic">(1B) Section 26 does not apply to:</p><p class="italic">(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</p><p class="italic">(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).</p><p>The opposition also opposes schedule 5 in the following terms:</p><p class="italic">(2) Schedule 5, item 4, page 68 (lines 9 to 12), subsection 546(3A) to be opposed.</p><p class="italic">(3) Schedule 5, item 10, page 74 (lines 22 to 26), subsection 548D(7) to be opposed.</p><p class="italic">The CHAIR: As indicated to the committee, I'll put these two questions separately. The first question is that opposition amendments (1) and (4) to (7) on sheet 1254, moved by Senator Wong, be agreed to.</p> -
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