David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

by leave—I, and also on behalf of Senator Bernardi, move Liberal Democratic Party and Australian Conservatives amendments (1) to (6) on sheet 8204 revised 2:

(1) Schedule 1, item 17, page 9 (line 16), omit "affairs.", substitute "affairs; and".

(2) Schedule 1, item 17, page 9 (after line 16), at the end of subsection 558A(2), add:

(c) that influence or control has a material impact on the franchisee entity's compliance or ability to comply with one or more of the civil remedy provisions referred to in subsection 558B(7).

(3) Schedule 1, item 17, page 9 (line 32), after "known", insert ", in the ordinary course of business,".

(4) Schedule 1, item 17, page 10 (line 5), after "known", insert ", in the ordinary course of business,".

(5) Schedule 1, item 17, page 10 (line 18), after "known", insert ", in the ordinary course of business,".

(6) Schedule 1, item 17, page 10 (line 23), after "known", insert ", in the ordinary course of business,".

I won't speak for long. As I outlined in my second reading contribution, item (1) limits the penalty provisions so that they apply to franchisors only if the franchisor influences the franchisee's compliance with employment laws. Items (2) to (6) limit the penalty provisions so that they only apply to franchisors and bodies corporate who knew, or ought to have known, in the ordinary course of business that their franchisees and subsidiaries would fail to comply with employment laws and that the franchisor has a material impact on the franchisee entity's compliance or ability to comply. I commend the amendments to the chamber.