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Workplace relations legislation in the new parliament

SEVERAL important pieces of workplace relations legislation were tabled/ re-tabled when parliament resumed last week by the newly re-elected Turnbull government.

Following the commencement of the 45th federal parliament on 30 August 2016, the federal government tabled the following three priority pieces of legislation, which have been referred to a senate committee inquiry for review:

  • Building & Construction Industry (Improving Productivity) Bill 2013 – The government tabled this third version of the Bill on 31 August 2016 after earlier identical versions failed to pass through the Senate. The re-tabled Bill seeks to reinstate the former powers of the Australian Building & Construction Commission (ABCC) along with the former provisions of the Building & Construction Industry Improvement Act, with some modifications. Important changes to the previous ABCC include extending its jurisdiction to offshore resources construction work, as advocated by AREEA. The Bill has been referred to a Senate committee which will report on 14 October 2016. Submissions close on 27 September 2016.
  • Fair Work (Registered Organisations) Amendment Bill 2014 – This Bill was tabled by the government on 31 August 2016, in identical terms to the four previous registered organisations bills. Among other things, the Bill seeks to amend the Fair Work Act to establish a Registered Organisations Commission; change the requirements on officers’ disclosure of material personal interests; and increase financial accounting and disclosure obligations for registered organisations and their officers. This is another area of ongoing AREEA advocacy. This Bill has also been referred to a Senate inquiry which will report on 14 October 2016. Submissions close on 27 September 2016.
  • Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 – This new government Bill is being pursued as a priority by the Turnbull government. The Bill seeks to amend the Fair Work Act to prohibit enterprise agreements that include terms undermining the capacity of emergency services bodies to properly manage their volunteer operations. The Bill has been referred to a Senate committee for report on 10 October 2016. Submissions close on 12 September 2016.

AREEA intends to make submissions supporting the passage of the three Bills.

Three Private Members’ Bills were also restored to the Senate notice paper last week, having lapsed when the previous parliament ended:

  • Fair Work Amendment (Gender Pay Gap) Bill 2015 – This Private Members Bill, sponsored by Greens Senator Larissa Waters, seeks to prohibit clauses in employment contracts that prevent workers talking about their pay with colleagues. The Bill has been referred to a Senate committee inquiry which will report on 14 November 2016.
  • Fair Work Amendment (Penalty Rates for Small Business Exemption) Bill 2015 – This Private Members Bill, sponsored by Independent Senators Bob Day and David Leyonhjelm, seeks to reduce regulation of the relationship between small businesses and their employees by reducing instances where certain small businesses are required to pay penalty rates.
  • Fair Work Amendment (Protecting Australian Workers) Bill 2016 – This Private Members Bill, sponsored by Labor Senator Doug Cameron, would amend the Fair Work Act to, among other things, clarify that the Act applies to skilled migrants; and provide additional protection from adverse action taken against employees who question whether they are employees or independent contractors. Both the government and opposition were elected with commitments to improve compliance, inspection and enforcement, particularly for migrant employees.

For a more detailed summary of the above Bills, click here.

If you’d like to provide input to AREEA’s submissions to the various senate inquiries, please contact AREEA principal adviser – workplace policy, Lisa Matthews, on (03) 6270 2256 or at [email protected].

Qld IR Bill tabled

Meanwhile, the Queensland Labor government tabled the Queensland Industrial Relations Bill 2016 in state parliament on 1 September.

The proposed legislation follows a recent independent review of the state’s IR system which currently covers only state public sector and local government workers.

The Bill incorporates recommendations from the review’s reference group including the proposed introduction of:

  • A set of minimum employment conditions and standards;
  • Collective bargaining as the cornerstone for setting wages and conditions;
  • A set of individual rights to fair treatment;
  • Effective, transparent and accountable governance and reporting obligations for all registered industrial organisations and employer associations; and
  • A strong and effective independent umpire.

The Bill has been referred to a Queensland parliamentary committee for inquiry, with submission to close on Friday 30 September 2016

Click here to see the Bill.

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