Bill
Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016
passed, as at 2016-10-12. Employment portfolio.
- Sponsor
- Not recorded
- Portfolio
- Employment
Recorded stages
- introduced — 2016-08-31
- second reading — 2016-08-31
- second reading — 2016-09-14
- second reading — 2016-09-15
- second reading — 2016-09-15
- third reading — 2016-09-15
- introduced — 2016-09-15
- second reading — 2016-09-15
- second reading — 2016-10-10
- second reading — 2016-10-10
- committee — 2016-10-10
- third reading — 2016-10-10
- passed — 2016-10-10
- royal assent — 2016-10-12
Divisions
- Doug Cameron On behalf of the opposition I rise to oppose the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016. We do this because the legislation is ambiguous, it is unclear and it is imprecise. This legislation was designed to give the coalition a political weapon during an election campaign. That is simply what this bill is about. If you are wondering what the situation is in terms of the proposed enterprise agreement that was the genesis of this bill, all you have to do is go to the words of the CFA chief fire officer, Mr Steve Warrington, who was unequivocal in his view that the proposed EBA would not impact the CFA's firefighting abilities. He stated: I am really confident that, during a firefight, operations will not be compromised. What is this about? The chief fire officer is saying that operations will not be compromised, yet we have heard all of the argument from the Prime Minister, from Minister Cash, in relation to what a terrible thing this agreement would be. Yet the chief fire officer in Victoria said: I am really confident that, during a firefight, operations will not be compromised. Not only is this bill ambiguous, unclear and imprecise; it goes to a number of fundamental issues in terms of both the state legislation and the federal legislation. Every senator in this chamber who truly believes in state rights must vote against this bill. This is clearly an attack on state rights. Every senator who claims to support small government must vote against this bill. Every senator who has argued against government red tape—and there are plenty of them over here—must vote against this bill. Every senator who has argued against undue government interference against individuals and businesses should vote against this bill. Every senator who wants a sensible, sustainable and fair resolution to the Victorian firefighters dispute must vote against this bill. Every senator who wants the focus of all Victorian firefighters, both volunteer — 2016-10-10, Senate: affirmative, ayes 38, noes 33
- Doug Cameron Minister, your interview with Mr David Speers on Sky News was generally described as an excruciating train wreck. Can you explain to the Senate what you could not explain to David Speers and take us to specific clauses in the UFU agreement which could result in the destruction of the CFA. Michaelia Cash Senator Cameron, I am sure you are aware that Volunteer Fire Brigades Victoria have prepared a substantial document going through, on a clause-by-clause basis, what they say will be the impact on the CFA of the proposed clauses. So there is that document. I believe it would have been part of the Senate committee's documents. The committee would have already seen that document. I can take you through some of the clauses that have been raised as being of particular concern to Volunteer Fire Brigades Victoria. For example, clause 21 sets out the extensive consensus based consultation process required under the agreement. The clause's operation means that in conjunction with, for example, clause 41 all current CFA policies will be reviewed and only remade through a process where union consensus is required. In terms of evidence given in particular to the recent Senate committee that inquired into the bill, volunteers questioned why the proposed agreement's consultation term gives the union a veto power over changes under the agreement, including policies directly relevant to volunteers. I will take you through a number of other clauses shortly, but I will just take a step back. The first question one needs to ask is: what is an enterprise agreement and to whom does an enterprise agreement apply? I am sure you would be aware, Senator Cameron, that an enterprise agreement is an agreement that deals with the terms and conditions of the employees to which the enterprise agreement is relevant. Volunteer Fire Brigades Victoria have obviously raised concerns about the impact of clauses in the agreement on the volunteers. I will take you now to clause 44. Clause 44 — 2016-10-10, Senate: affirmative, ayes 37, noes 31
- Michaelia Cash I move: That this bill be now read a third time. Stephen Parry The question is that motion be agreed to. — 2016-10-10, Senate: affirmative, ayes 37, noes 31
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2016-08-31.
The bill would stop workplace agreements from including clauses that limit how emergency services groups manage their volunteers.
It does this by adding new kinds of banned terms to the Fair Work Act that cannot be in agreements covering designated emergency bodies.
The bill also lets some volunteer organisations make written views to the Fair Work Commission about agreements affecting volunteers.
- Adds 'objectionable emergency management terms' to the list of unlawful terms in enterprise agreements.
- Bans terms that restrict a body's ability to deploy volunteers, provide equipment, or manage volunteer operations.
- Allows volunteer representative bodies to submit comments to the Fair Work Commission on relevant agreements or determinations.
Designated emergency management bodies, their volunteers, and volunteer representative organisations are affected.
Sources
em
billhome
frl act