Steve Fielding (Victoria, Family First Party) Share this | Hansard source

by leave—I move Family First amendments (1) and (2) on sheet 5302:

(1)    Clause 2, page 2 (at the end of the table), add:

(2)    Page 83 (after line 20), at the end of the bill, add:

Schedule 7—Preserved redundancy provisions

Part 1—Length of period of preservation

Workplace Relations Act 1996

1  Subsection 347(7) (note)

Omit “12”, substitute “24”.

2  Paragraph 399A(3)(a)

Omit “12”, substitute “24”.

3  Paragraph 598A(3)(a)

Omit “12”, substitute “24”.

4  Subclause 3(4) of Schedule 7 (note)

Omit “12”, substitute “24”.

5  Paragraph 6A(4)(a) of Schedule 7

Omit “12”, substitute “24”.

6  Subclause 18(3) of Schedule 7 (note)

Omit “12”, substitute “24”.

7  Paragraph 20A(4)(a) of Schedule 7

Omit “12”, substitute “24”.

8  Paragraph 21A(4)(a) of Schedule 8

Omit “12”, substitute “24”.

9  Paragraph 21D(4)(a) of Schedule 8

Omit “12”, substitute “24”.

10  Paragraph 27A(3)(a) of Schedule 9

Omit “12”, substitute “24”.

11  Application

The amendments made by this Part apply to agreements terminated after the commencement of item 31 of Schedule 3 to the Workplace Relations Legislation Amendment (Independent Contractors) Act 2006.

Part 2—Notice requirements

Workplace Relations Act 1996

12  Paragraph 603A(3)(c)

Omit “12”, substitute “24”.

13  Paragraph 6B(3)(c) of Schedule 7

Omit “12”, substitute “24”.

14  Paragraph 20B(2)(c) of Schedule 7

Omit “12”, substitute “24”.

15  Paragraph 21B(3)(c) of Schedule 8

Omit “12”, substitute “24”.

16  Paragraph 21E(2)(c) of Schedule 8

Omit “12”, substitute “24”.

17  Paragraph 29A(3)(c) of Schedule 9

Omit “12”, substitute “24”.

18  Application

The amendments made by this Part apply to notices given after the commencement of this item.

Part 3—Contingent amendments

19  Subparagraph 346YA(3)(b)(i)

Omit “12”, substitute “24”.

20  Subparagraph 346ZA(2)(b)(i)

Omit “12”, substitute “24”.

This set of amendments, by doubling the protection period of workers’ redundancy benefits from 12 months to two years, tries to avoid the Tristar fiasco happening again. Family First’s restoring family work balance bill proposed that to be extended to five years, and we have been able to get support for two. The amendments would deter employers from trying to avoid paying workers their full redundancy entitlements, which are vital for workers and their families. Currently workers’ redundancy payments are protected by law for up to 12 months after workplace agreements are terminated. Twelve months is not adequate, and Tristar shows this to be particularly the case.

You may recall that Tristar is trying to slash its redundancy bill by keeping its 29 staff at a Sydney plant without any work for them. You may recall that, under its workplace agreement which expired in February, the workers would be entitled to a total of about $4.5 million if they were made redundant now but would get only about one-quarter of that, or just over a million dollars, if they were made redundant more than a year after the employment contract expires. The Tristar situation is totally unfair and un-Australian, and for an employer to try to exploit the law to take away the redundancy entitlements of workers in that way is just not on. Family First appreciates the support of the government and the opposition to extend the protection to two years.