Supplementary Order Paper No 6

No 6

House of Representatives

Supplementary Order Paper

Wednesday, 22 October 2014

Employment Relations Amendment Bill

Proposed amendments to Supplementary Order Paper No 1

Andrew Little, in Committee, to move the following amendments:

New clause 12A

In new clause 12A, new section 50KA(1), replace subsection (3) with section 4 where that failure relates to or impacts collective bargaining.

In new clause 12A, new section 50KA, delete subsections (2) and (3).

In new clause 12A, new section 50KA(4), replace subsection (3)(a) with subsection(1).

Explanatory note

This Supplementary Order Paper amends Supplementary Order Paper No 1 to improve the test to determine whether collective bargaining has been concluded. As drafted the provision requires proof that the breach of good faith undermined collective bargaining which would be almost impossible to prove. In addition the provision around a party having rectified the failure provides too wide of an escape clause. The provision should simply prevent a party from being allowed to terminate bargaining where they have breached good faith. This Supplementary Order Paper rectifies these failures and restores this provision to prevent the Authority concluding bargaining has been completed where there has been a breach of good faith under section 4 in the course of that bargaining.