Division Description Changes — Bills — Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 — 8th Feb 2024

Change	Division
senate vote 2024-02-08#6 Edited by mackay staff on 2024-04-12 09:17:31	Title Bills — Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 - Committee of the Whole - Keep bill as is Description <p class="motion-notice motion-notice-notext">No motion text available</p> The majority voted against a motion to keep unchanged [division 4 in item 238, divisions 4 and 5 in item 249 and items 303 to 305 of schedule 1](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fbills%2Fr7134_first-senate%2F0000%22;rec=0). In parliamentary jargon, they voted against a motion that they "stand as printed". ### What do these amendments do? These amendments were part of a [wider set of amendments](https://theyvoteforyou.org.au/divisions/senate/2024-02-08/7). Together, according to the relevant [explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr7134_ems_e1a8f1c8-bbe1-45be-ba68-7f52306f5827%22;rec=0): > These amendments to the [Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r7134) (Bill) would: > > * Insert a further note to new subsection 66AAC(4), to direct readers to relevant provisions in the Public Service Act 1999 and highlight the interaction between the two pieces of legislation. > > * Change commencement of Division 2 of Part 7 (workplace delegates rights for regulated workers), Part 15 (definition of employment) and Part 16 (regulated workers) to 6 months after Royal Assent or earlier by proclamation instead of 1 July 2024. > > * Narrow the scope of the proposed competition authorisation in the new collective agreement framework, so that conduct done in accordance with terms in a collective agreement that are of no effect, would not be exempt from Part IV of the Competition and Consumer Act 2010 (Cth) and the Competition Code. > *> Provide that if negotiating entities for a proposed collective agreement are unable to resolve a dispute about the making of the agreement, either negotiating entity may apply to the FWC for the Commission to deal with the dispute. > > * Insert a new public interest test as a prerequisite for the FWC’s registration of a proposed collective agreement or variation of a collective agreement. > > * Remove the contractual chain regulation-making power in the Bill and insert a comprehensive framework that would empower the FWC to make contractual chain orders and guidelines in relation to contractual chains in the road transport industry. > > * Amend the road transport objective to provide that in performing a function or exercising a power, the Expert Panel for the road transport industry would be required to: > >> * consider the need for an appropriate safety net of minimum standards for regulated road transport workers and employees in the road transport industry; and >> >> * have regard to the need for minimum standards in road transport contractual chains. > > * Enable the Minister to make a declaration deferring or suspending all or part of a minimum standards order (MSO) or road transport contractual chain order (RTCCO) and enable the FWC to make a determination deferring or suspending all or part of a road transport minimum standards order (RTMSO) or RTCCO, while the FWC considers whether to vary/revoke all or part of the order. > > * Expand the scope of the definition of ‘digital labour platform’ to also apply where parties other than the platform operator process relevant payments. > > * Provide that employee-like workers and digital labour platform operators cannot be covered by both federal and state systems once an employee-like minimum standards order (ELMSO) covers them. > > * Remove provisions which would have permitted variations of such RTMSOs and ELMSOs to operate retrospectively in limited circumstances. > > * Prevent people from pursuing multiple unfair deactivation or unfair termination remedies under different laws. > > * Make minor and technical changes to Parts 16 and 18.

<p class="motion-notice motion-notice-notext">No motion text available</p>
The majority voted against a motion to keep unchanged [division 4 in item 238, divisions 4 and 5 in item 249 and items 303 to 305 of schedule 1](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fbills%2Fr7134_first-senate%2F0000%22;rec=0). In parliamentary jargon, they voted against a motion that they "stand as printed".
### What do these amendments do?
These amendments were part of a [wider set of amendments](https://theyvoteforyou.org.au/divisions/senate/2024-02-08/7). Together, according to the relevant [explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr7134_ems_e1a8f1c8-bbe1-45be-ba68-7f52306f5827%22;rec=0):
> *These amendments to the [Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r7134) (Bill) would:*
>
> * *Insert a further note to new subsection 66AAC(4), to direct readers to relevant provisions in the Public Service Act 1999 and highlight the interaction between the two pieces of legislation.*
>
> * *Change commencement of Division 2 of Part 7 (workplace delegates rights for regulated workers), Part 15 (definition of employment) and Part 16 (regulated workers) to 6 months after Royal Assent or earlier by proclamation instead of 1 July 2024.*
>
> * *Narrow the scope of the proposed competition authorisation in the new collective agreement framework, so that conduct done in accordance with terms in a collective agreement that are of no effect, would not be exempt from Part IV of the Competition and Consumer Act 2010 (Cth) and the Competition Code.*
>
> * *Provide that if negotiating entities for a proposed collective agreement are unable to resolve a dispute about the making of the agreement, either negotiating entity may apply to the FWC for the Commission to deal with the dispute.*
>
> * *Insert a new public interest test as a prerequisite for the FWC’s registration of a proposed collective agreement or variation of a collective agreement.*
>
> * *Remove the contractual chain regulation-making power in the Bill and insert a comprehensive framework that would empower the FWC to make contractual chain orders and guidelines in relation to contractual chains in the road transport industry.*
>
> * *Amend the road transport objective to provide that in performing a function or exercising a power, the Expert Panel for the road transport industry would be required to:*
>
>> * *consider the need for an appropriate safety net of minimum standards for regulated road transport workers and employees in the road transport industry; and*
>>
>> * *have regard to the need for minimum standards in road transport contractual chains.*
>
> * *Enable the Minister to make a declaration deferring or suspending all or part of a minimum standards order (MSO) or road transport contractual chain order (RTCCO) and enable the FWC to make a determination deferring or suspending all or part of a road transport minimum standards order (RTMSO) or RTCCO, while the FWC considers whether to vary/revoke all or part of the order.*
>
> * *Expand the scope of the definition of ‘digital labour platform’ to also apply where parties other than the platform operator process relevant payments.*
>
> * *Provide that employee-like workers and digital labour platform operators cannot be covered by both federal and state systems once an employee-like minimum standards order (ELMSO) covers them.*
>
> * *Remove provisions which would have permitted variations of such RTMSOs and ELMSOs to operate retrospectively in limited circumstances.*
>
> * *Prevent people from pursuing multiple unfair deactivation or unfair termination remedies under different laws.*
>
> * *Make minor and technical changes to Parts 16 and 18.*