19th Aug 2024, 6:53 PM – Senate Fair Work (Registered Organisations) Amendment (Administration) Bill 2024 - in Committee - Greens amendments

The majority voted against Greens amendments on sheets 2789, 2810, 2813, 2816, 2818, 2819, 2820 and 2821, which means they failed.

Amendment text

SHEET 2789

(1) Schedule 1, item 5, page 6 (after line 11), after subsection 323B(3), insert:

(3A) If the scheme provides for the removal or disqualification of officers, the expulsion of members, or the termination of employment of employees it must do so in accordance with section 323BA.

(2) Schedule 1, item 5, page 6 (lines 12 and 13), omit subsection 323B(4).

(3) Schedule 1, item 5, page 7 (lines 7 and 8), omit subsection 323D(3).

(4) Schedule 1, item 5, page 8 (after line 32), after section 323J, insert:

323JA Removal, termination, disqualification or expulsion process

(1) If the administrator proposes to take any of the following actions against a person:

(a) remove the person from an office;

(b) disqualify the person as an officer;

(c) expel the person as a member;

(d) terminate the person's employment;

the administrator must first comply with the requirements in subsections (2), (3), (4), and (5).

Note: The administrator may decide under subsection (10) to take an action referred to in this subsection.

Suspension notice

(2) The administrator must suspend the person's appointment to the office, membership or employment (as the case may be).

(3) The administrator must, by written notice, notify the person (a suspension notice) that the administrator has taken the action in subsection (2) and is proposing to take an action in subsection (1).

(4) The suspension notice must:

(a) inform the person of the suspension; and

(b) set out the reasons why the administrator is proposing to take an action referred to in subsection (1); and

(c) invite the person to make submissions, in writing, to the administrator in relation to the proposed action within 14 days after receiving the notice; and

(d) inform the person of the administrator's investigation function under section 323KA; and

(e) inform the person that the administrator may, after considering any submission made by the person, take the action against the person.

(5) The administrator must consider any submissions made by the person in accordance with the notice.

Effect of suspension notice

(6) If the administrator suspends a person under subsection (2), the suspension takes effect when the person receives the suspension notice.

(7) The suspension has effect until the earliest of the following:

(a) the person to whom the suspension relates receives a notice under subsection (8) or (11);

(b) the end of the period of six months after the suspension takes effect.

Revocation of suspension

(8) If the administrator considers, on reasonable grounds, that the person has not engaged in serious misconduct and criminal activity the administrator may revoke the suspension notice.

(9) If the administrator makes a decision under subsection (8), the administrator must notify the person, in writing, of the administrator's decision.

Removal, termination, disqualification or expulsion

(10) If the administrator:

(a) has complied with subsection (1) in relation to a person; and

(b) suspects, on reasonable grounds, that the person has engaged in serious misconduct or criminal activity;

the administrator may decide to take an action referred to in subsection (1) against the person.

(11) If the administrator makes a decision under subsection (10), the administrator must notify the person (a termination notice), in writing, of the administrator's decision.

Effect of termination notice

(12) If the administrator makes a decision under subsection (10), the action takes effect when the person receives the termination notice.

(5) Schedule 1, item 5, page 9 (after line 17), after subsection 323K(3), insert:

(3A) The administrator also has the investigation function described in section 323KA.

(6) Schedule 1, item 5, page 10 (after line 7), after section 323K, insert:

323KA Investigation function

(1) The administrator may conduct investigations relating to compliance by a person who has received a suspension notice with the:

(a) rules of the CFMEU or the Construction and General Division; and

(b) laws (including workplace laws) of the Commonwealth, the States and the Territories.

(2) Investigations conducted under subsection (1) may relate to conduct that occurred before, on or after commencement.

SHEET 2810

(1) Schedule 1, item 5, page 4 (line 25), omit "third anniversary", substitute "second anniversary".

(2) Schedule 1, item 5, page 7 (line 9), omit "3 year", substitute "2 year".

(3) Schedule 1, item 5, page 7 (line 11), omit "third anniversary", substitute "second anniversary".

SHEET 2813

(1) Schedule 1, item 5,page 9 (after line 32), after paragraph 323K(5)(a), insert:

(aa) have regard to the desirability of the CFMEU being returned to democratic control as soon as possible; and

SHEET 2816

(1) Schedule 1, item 5, page 7 (line 14), before "The following", insert "(1)".

(2) Schedule 1, item 5, page 7 (after line 18), at the end of section 323F, add:

(2) To avoid doubt, the rules of the CFMEU or a branch, division or part of the CFMEU, continue to apply to the extent that those rules are not inconsistent with:

(a) a scheme determined under subsection 323B(1); or

(b) any action taken under the scheme; or

(c) an instrument made under section 323C.

Note: This means, for example, that the administrator must still comply with the rules of the CFMEU to the extent that those rules are not inconsistent with a matter covered by paragraph (a), (b) or (c).

SHEET 2818

(1) Schedule 1, item 5, page 6 (line 27), omit "in writing", substitute "by legislative instrument".

(2) Schedule 1, item 5, page 7 (lines 4 to 6), omit subsection 323D(2), substitute:

(2) The Minister must not vary the scheme under subsection (1) unless:

(a) the administrator has requested the variation; and

(b) the General Manager has given consent, in writing, to the variation.

SHEET 2819

(1) Schedule 1, item 5, page 6 (before line 12), before subsection 323B(4), insert:

(3B) Without limiting subsection (1), the scheme must provide for:

(a) as soon as practicable after commencement of the Fair Work (Registered Organisations) Amendment (Administration) Act 2024—whistleblower protections for officers, members, and employees of the CFMEU, including for officers, members, and employees who provide information to the administrator in relation to the operation of the scheme or the exercise of the administrator's functions; and

(b) within the period of six months after the commencement of the Fair Work (Registered Organisations) Amendment (Administration) Act 2024—the re-establishment of committees of management made up of officers for which there is no prima facie evidence of a failure to comply with:

(i) the rules of the CFMEU or the Construction and General Division; or

(ii) laws (including workplace laws) of the Commonwealth, the States and the Territories.

SHEET 2820

(1) Schedule 1, item 5, page 9 (after line 11), after subsection 323K(1), insert:

(1A) The administrator's functions under subsection (1) may only be exercised in relation to a branch, division or part of the Construction and General Division for which the administrator believes, on reasonable grounds, there is prima facie evidence of:

(a) a failure to comply with the rules of the CFMEU or the Construction and General Division; or

(b) a failure to comply with laws (including workplace laws) of the Commonwealth, the States and the Territories; or

(c) such other forms of serious misconduct as the administrator considers appropriate.

SHEET 2821

(1) Schedule 1, item 5, page 9 (before line 33), before paragraph 323K(5)(b), insert:

(ab) be satisfied that, in controlling, managing or disposing of the property of the Construction and General Division and its branches, the administrator is:

(i) acting in the long-term best interests of the members of the Construction and General Division and its branches; and

(ii) obtaining the best value for money for the members of the Construction and General Division and its branches; and

(iii) protecting the property of the members of the Construction and General Division and its branches; and

(iv) as far as possible, prioritising the industrial needs of the members of the Construction and General Division and its branches; and