Fair Pay Agreements Bill - Amendment paper No 266
Fair Pay Agreements Bill - Amendment paper No 266
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No 266
House of Representatives
Supplementary Order Paper
Wednesday, 19 October 2022
Fair Pay Agreements Bill
Proposed amendments
Chris Baillie, in Committee, to move the following amendments:
Clause 5
In clause 5(1), replace the definition of initiation test (page 22, lines 14 and 15) with:
initiation test means both the representation test described in section 29(1) and the public interest test described in section 29A(1)
Clause 28
In clause 28(1)(b), replace “one of the following initiation tests”
(page 37, line 36) with “both of the following initiation tests”
.
In clause 28(1)(b)(i), replace “or”
(page 38, line 2) with “and”
.
Clause 30
In clause 30(1), delete paragraph (d) (page 41, line 14).
In clause 30(1)(e)(ii), delete “relevant”
(page 41, line 17).
In clause 30, delete subclause (2A) (page 41, lines 27 to 29).
Clause 30A
In clause 30A(1)(a)(iii), replace “or”
(page 42, line 8) with “and”
.
Clause 32
In clause 32(4)(b)(ii), replace “one of the initiation tests”
(page 44, line 16) with “both of the initiation tests”
.
Clause 33
In clause 33(1)(aaa), replace “or”
(page 45, line 21) with “and”
.
Clause 34
In clause 34(1), delete paragraph (c) (page 46, lines 2 to 4).
In clause 34(1)(d), replace “the public interest test or the representation test (as applicable)”
(page 46, line 6) with “both the public interest test and the representation test”
.
Clause 102E
In clause 102E(2)(c), replace “an initiation test in respect of the changed coverage if the application to initiate bargaining relied on 1 of the following initiation tests”
(page 107, line 25 to 27) with “both of the following initiation tests in respect of the changed coverage”
.
In clause 102E(2)(c)(i), replace “or”
(page 107, line 30) with “and”
.
Clause 102F
In clause 102F(3)(d), replace “1 of the initiation tests specified in section 29, 29A, or 190”
(page 108, lines 15 and 16) with “the initiation tests specified in sections 29 and 29A, or 190”
.
Clause 102G
In clause 102G(1)(c), replace “the initiation test specified in section 29, 29A, or 190”
(page 108, lines 33 and 34) with “the initiation test specified in sections 29 and 29A, or 190”
.
Clause 189
In clause 189, replace subclause (1A) (page 161, lines 21 to 26) with:
(1A)
Evidence provided in support of an application must be provided in accordance with section 189A if the application is made by an eligible employer association or a specified employer bargaining party.
In clause 189(1B), replace “If an eligible union makes an application that relies on the representation test specified in section 190(2)(a), the”
(page 161, lines 27 and 28) with “The”
.
Clause 190
In clause 190(1)(a), replace “or”
(page 163, line 1) with “and”
.
Explanatory note
This Supplementary Order Paper amends the Fair Pay Agreements Bill. The stated purpose of the Bill was to focus on “vulnerable” low-paid industries – not highly paid workforces. As the Bill is currently written, it is more likely to see fair pay agreements in highly skilled workforces or highly unionised workforces where it is more likely to mobilise enough people to meet the representation test, even though there is little or no public benefit. This amendment makes it clear that the public interest test must always apply in consideration of a fair pay agreement application by a chief executive. If there is no public interest, there should never be an ability to force employees or employers into a fair pay agreement.
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Fair Pay Agreements Bill - Amendment paper No 266
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