Supplementary Order Paper No 112

No 112

House of Representatives

Supplementary Order Paper

Thursday, 13 September 2018

Employment Relations Amendment Bill

Proposed amendments

Hon Scott Simpson, in Committee, to move the following amendments:

Clause 6

Delete clause 6 (page 7, lines 3 to 5).

Clause 7

Delete clause 7 (page 7, lines 6 to 9).

Explanatory note

This Supplementary Order Paper amends the Employment Relations Amendment Bill by deleting clauses 6 and 7.

The clauses as they read currently in the Bill repeal the right of an employer to give or decline consent to a representative of a union to enter the employer’s workplace. There are many reasons why an employer may decline consent to access a workplace, including health and safety issues, workplace policies, and procedures that a union representative may not be familiar with or aware of. Gaining unfettered and undeclared access to a workplace could have a significant impact on the operation and productivity of a business. The principal Act currently strikes the right balance between giving union representatives access to workplaces and the continued operation of those workplaces.

This amendment means a union representative must obtain consent to enter a workplace, in provision with the object of the principal Act, which recognises that employment relationships must be built not only on the implied mutual obligations of trust and confidence, but also a requirement for good faith behaviour. Undeclared and unconsented access to an employer’s workplace is not an indication of trust and confidence, nor are these actions conducted in good faith.