2nd Jul 2024, 3:36 PM – Senate Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamation) Bill 2024 - Committee of the Whole - Withdrawal rules to apply to any CFMEU Division

The majority voted against amendments introduced by West Australian Senator Michaelia Cash (Liberal), which means they failed.

Amendment text

(1) Title, page 1 (line 1), omit "certain".

(2) Schedule 1, item 2, page 3 (after line 27), after the definition of CFMEU in clause 1, insert:

Division means a Division as defined in the rules of the CFMEU at the commencement of this clause.

(3) Schedule 1, item 2, page 4 (lines 1 to 3), omit the definition of new organisation in clause 1, substitute:

new organisation means the organisation that is registered pursuant to section 110 of the old Act as a result of the withdrawal of a Division from the CFMEU.

(4) Schedule 1, item 2, page 4 (line 19), omit "the Manufacturing", substitute "a".

(5) Schedule 1, item 2, page 4 (line 22), omit "Manufacturing".

(6) Schedule 1, item 2, page 4 (line 26), omit "Manufacturing".

(7) Schedule 1, item 2, page 4 (line 35), omit "Manufacturing".

(8) Schedule 1, item 2, page 4 (line 36), omit "Manufacturing".

(9) Schedule 1, item 2, page 5 (line 4), omit "Manufacturing".

(10) Schedule 1, item 2, page 5 (line 19), omit "Manufacturing".

(11) Schedule 1, item 2, page 5 (line 26), omit "the Manufacturing", substitute "a".

(12) Schedule 1, item 2, page 5 (lines 32 and 33), omit subclause 3(3).

(13) Schedule 1, item 2, page 6 (line 5), omit "by deadline".

(14) Schedule 1, item 2, page 6 (line 7), omit "on or before 30 August 2024".

(15) Schedule 1, item 2, page 6 (lines 25 and 26), omit subclause 4(3).

(16) Schedule 1, item 2, page 6 (line 28), omit "by deadline".

(17) Schedule 1, item 2, page 6 (line 30), omit "on or before 30 August 2024".

(18) Schedule 1, item 2, page 7 (line 19), omit "the Manufacturing", substitute "a".

(19) Schedule 1, item 2, page 7 (line 21), omit "the Manufacturing Division is taken to be the", substitute "a Division is taken to be a".

(20) Schedule 1, item 2, page 7 (line 30), omit "the Manufacturing", substitute "a".

(21) Schedule 1, item 2, page 8 (lines 2 to 35), omit subclause 5(7), substitute:

Eligibility rules of new organisation and CFMEU

(7) If a Division proposing to withdraw from the CFMEU is the Manufacturing Division, subsection 95A(4) of the old Act has effect as if that subsection were omitted and the following subsection were substituted:

"(4) The eligibility rules of the new organisation must reflect the following rules of the CFMEU as at 2 December 2023:

(a) 2(C);

(b) 2(F), but must exclude:

(i) persons who are engaged in Queensland, the Australian Capital Territory or the Northern Territory; and

(ii) floor covering layers in Queensland or Western Australia; and

(iii) persons who are engaged in the plate, sheet or ornamental glass industry in New South Wales or Western Australia and persons engaged in or in connection with the following industries or trades in New South Wales or Western Australia: plate and sheet glass in warehouses, shops, factories or stores, glass bevellers, glass benders, glass workers (excepting those on spectacles, lenses or frames and employees in firms where such employees are engaged on work connected with the manufacture or repair of scientific, precision or other instruments such as binoculars, microscopes, military, aircraft and naval instruments), glass lampshade workers, safety glass workers, glaziers, glass polishing, cutting, painting, cementing, leadlight glaziers and cutters and plate-glass factories and luxfer glazing;

(c) 2(P)(D);

(d) 2(P)(G);

(e) 2(R).".

(7) If a Division proposing to withdraw from the CFMEU is not the Manufacturing Division, subsection 95A(4) of the old Act has effect as if the words "immediately before the application was made" were omitted and the words "as at 2 December 2023" were substituted.

(7B) Subsection 95A(5) of the old Act has effect as if that subsection were omitted and the following subsection were substituted:

"(5) The eligibility rules of the CFMEU, as proposed to be altered, must not overlap with the eligibility rules of the new organisation when the withdrawal from amalgamation takes effect.".

(22) Schedule 1, item 2, page 9 (line 3), omit "Manufacturing".

(23) Schedule 1, item 2, page 9 (line 16), omit "the Manufacturing", substitute "a".