Division
Bob Day by leave—I move amendments (1) and (2) on sheet 7577: (1) Schedule 1, item 33, page 14 (lines 23 and 24), omit “the prevailing pay and conditions within the relevant industry for equivalent work”, substitute “the pay and conditions for work performed in similar circumstances, but takes into account the particular circumstances and needs of the employees and the employers who will be covered by the agreement and the enterprise to which the agreement relates”. (2) Schedule 1, item 33, page 14 (lines 25 to 27), omit the note. I am moving to replace the words 'consistent with the prevailing pay and conditions within the relevant industry' with 'for work performed in similar circumstances, but takes into account the particular circumstances and needs of the employees and the employers' and the enterprise. My amendments allow enterprise agreements to take into account local conditions, local labour force conditions and local economic conditions—in other words a new site, a new EBA. I commend the amendments. Michaelia Cash I thank Senator Day for his constructive contribution to this debate, and in particular for his engagement with the government on the important reforms in the Fair Work Amendment Bill. As canvassed in the debate yesterday, the purpose of the new prevailing pay and conditions criteria in the bill is to build an extra employee protection for greenfields agreements approved by the Fair Work Commission under the new optional six-month process. The new prevailing standards requirement is in addition to the existing agreement approval tests, including that the employees must be better off overall than they would have been under the award. The test start will be applied by the independent Fair Work Commission and will assist in assuring the expeditious resolution of greenfields agreements that provide new employment opportunities. We believe that clause 33 is drafted to meet these objectives. It requires the Fair Work Commission to be satisfied that the
Senate, 2015-10-13. negative: ayes 3, noes 41.
Question
Bob Day by leave—I move amendments (1) and (2) on sheet 7577: (1) Schedule 1, item 33, page 14 (lines 23 and 24), omit “the prevailing pay and conditions within the relevant industry for equivalent work”, substitute “the pay and conditions for work performed in similar circumstances, but takes into account the particular circumstances and needs of the employees and the employers who will be covered by the agreement and the enterprise to which the agreement relates”. (2) Schedule 1, item 33, page 14 (lines 25 to 27), omit the note. I am moving to replace the words 'consistent with the prevailing pay and conditions within the relevant industry' with 'for work performed in similar circumstances, but takes into account the particular circumstances and needs of the employees and the employers' and the enterprise. My amendments allow enterprise agreements to take into account local conditions, local labour force conditions and local economic conditions—in other words a new site, a new EBA. I commend the amendments. Michaelia Cash I thank Senator Day for his constructive contribution to this debate, and in particular for his engagement with the government on the important reforms in the Fair Work Amendment Bill. As canvassed in the debate yesterday, the purpose of the new prevailing pay and conditions criteria in the bill is to build an extra employee protection for greenfields agreements approved by the Fair Work Commission under the new optional six-month process. The new prevailing standards requirement is in addition to the existing agreement approval tests, including that the employees must be better off overall than they would have been under the award. The test start will be applied by the independent Fair Work Commission and will assist in assuring the expeditious resolution of greenfields agreements that provide new employment opportunities. We believe that clause 33 is drafted to meet these objectives. It requires the Fair Work Commission to be satisfied that the
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