House debates

Tuesday, 14 November 2023

Questions to the Speaker

Fair Work Legislation Amendment (Small Business Redundancy Exemption) Bill 2023, Fair Work Legislation Amendment (Strengthening Protections Against Discrimination) Bill 2023, Fair Work Legislation Amendment (Asbestos Safety and Eradication Agency) Bill 2023, Fair Work Legislation Amendment (First Responders) Bill 2023

3:20 pm

Photo of Paul FletcherPaul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | | Hansard source

Mr Speaker, I have in fact two questions for you. The first concerns the handling of the Fair Work Legislation Amendment (Small Business Redundancy Exemption) Bill 2023. The House received this bill via a message from the Senate yesterday. The bill was read a first time, at which time the bill was entered into the custody of the House. After this, the Leader of the House moved that the second reading be made an order of the day. A debate ensued. That debate was interrupted in accordance with standing order 43. It's the standard practice of this House that, when debate on a question is automatically interrupted under standing order 43, the matter is listed on the Notice Paper. But this bill is now not listed on the Notice Paper. My question to you is: why is this bill not listed on the Notice Paper? That's the first question. I have a second question—which I can go to immediately?

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

We'll do it together.

Photo of Paul FletcherPaul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | | Hansard source

My second question concerns the handling of three other bills: the Fair Work Legislation Amendment (Strengthening Protections Against Discrimination) Bill 2023, the Fair Work Legislation Amendment (Asbestos Safety and Eradication Agency) Bill 2023, and the Fair Work Legislation Amendment (First Responders) Bill 2023. These bills were transmitted from the Senate to the House yesterday. Each of them were read for a first time. They entered the custody of the House. Standing order 166 requires that a Senate bill coming to the House be treated to the necessary extent as a House bill. However, these bills are not listed on the Notice Paper, which makes them unavailable to be proceeded with, which raises the question of whether standing order 166 has been complied with. Accordingly, my question to you in respect of these three bills is: why are they not on the Notice Paper?

3:22 pm

Photo of Milton DickMilton Dick (Speaker) Share this | | Hansard source

I just want to deal with this matter. If the Manager of Opposition Business would like to have a look at Practice on page 616, I want to quote that to the House:

Orders of the day are items of business which have already—

and I repeat, 'already'—

been before the House and which the House has ordered to be taken into consideration at a future time …

So there are two limbs to this test. What was clear from yesterday's proceedings was: the House made no such decision on any of the Senate bills and therefore did not satisfy this test. I repeat: the House made no order on any of the bills to consider them at a later hour or another day. So the second part of the test was not satisfied, and therefore the bills do not become orders of the day.