Bill
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017
lapsed, as at 2019-07-01. Employment portfolio.
- Sponsor
- Not recorded
- Portfolio
- Employment
Recorded stages
- introduced — 2017-08-16
- second reading — 2017-08-16
- second reading — 2017-10-16
- second reading — 2017-10-16
- third reading — 2017-10-16
- introduced — 2017-10-17
- second reading — 2017-10-17
- other — 2019-07-01
Divisions
- The majority voted against an [amendment](https://www.openaustralia.org.au/debate/?id=2017-10-16.32.3) to the usual second reading motion, which is "that the bill be read a second time". To read a bill for a second time is to agree with its main idea. ### Amendment text > *That all the words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House calls on the Government to:* > > *(1) abandon its support of the decision of the Fair Work Commission to cut penalty rates because it will mean nearly 700,000 Australians will have their take home pay cut by up to $77 a week; and* > > *(2) legislate to prevent the decision from taking effect to stop Australians from having their penalty rates cut".* — 2017-10-16, House of Representatives: negative, ayes 68, noes 75
- The majority voted to agree with the main idea of the bill, which means the House of Representatives can now discuss it in more detail. In parliamentary jargon, they voted to read the bill [for a second time](https://www.peo.gov.au/learning/fact-sheets.html). ### What is the bill's main idea? The [bill was introduced to](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5953): * *include certain serious criminal offences as a new category of ‘prescribed offence’ for the purposes of the automatic disqualification regime in relation to registered organisations;* * *establish an offence for a disqualified person to continue to act as an official or in a way that influences the affairs of an organisation;* * *allow the Federal Court to prohibit officials from holding office in certain circumstances or if they are otherwise not a fit and proper person;* * *allow the Federal Court to cancel the registration of an organisation on a range of grounds; allow applications to be made to the Federal Court for a range of other orders;* * *expand the grounds on which the Federal Court may order remedial action to deal with governance issues in an organisation;* * *expressly provide that the Federal Court may appoint an administrator to an organisation or part of an organisation as part of a remedial scheme; and* * *introduce a public interest test for amalgamations of registered organisations.* Learn more in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd045). — 2017-10-16, House of Representatives: affirmative, ayes 74, noes 69
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2017-08-16.
This bill would tighten the rules for unions and employer groups to address misconduct found by a royal commission.
It would let the Federal Court ban officials from office, cancel an organisation's registration, and require a public interest check before groups merge.
The automatic disqualification for officials would apply to criminal offences carrying a jail term of five years or more.
- Adds serious criminal offences with a minimum five-year prison term to the automatic disqualification rules for officials.
- Gives the Federal Court power to stop officials from holding office for breaking industrial laws or being unfit.
- Makes it a crime for a disqualified person to still act as an official or influence the organisation.
- Allows the Federal Court to cancel an organisation's registration for corruption, repeated law-breaking, or obstructive industrial action.
- Lets the Federal Court suspend an organisation's rights or appoint an administrator to fix governance problems.
- Introduces a public interest test that must be passed before registered organisations can amalgamate.
Registered employee and employer organisations and their officials.
Sources
em
billhome