Senate debates

Thursday, 28 November 2019

Bills

Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019; In Committee

11:42 am

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Hansard source

There are a couple of minutes available, and Senator Farrell's canvassed a number of areas. In the context of comparison to corporate regulation and the difference between corporations and the role of unions, I did say last night in my summing-up speech that, of course, in the context of bringing forward this legislation, and in all of our work in industrial relations, we acknowledge the important role of registered organisations, both unions and employer associations, because they're representing their members' interests in the industrial relations affairs of this country, and that is a valuable contribution that should quite rightly continue. But it is the government's view that registered organisations should not be immune from the law in carrying out their functions.

Senator Farrell asked a number of questions and raised a number of issues in relation to the treatment of registered organisations versus the treatment of corporations. I can absolutely assure the chamber that the bill does not assume that registered organisations are the same as corporations. The bill does mirror some parts of corporate regulation to address concerns that have been raised by some stakeholders, but it's been appropriately adapted to the particular nature, structure and purpose of registered organisations.

Senator Farrell in his remarks also canvassed his perception of the views of other members of the Senate and the crossbench, how they might be regarding these matters and how they might be construed. I think that, from the government's perspective, we have a very healthy respect for the approach that other members of the chamber and members of the crossbench have taken to this legislation. You may not think so, Senator Farrell, but I think they are more than capable of making their own assessments on the merits of the legislation that comes before this chamber. They will consider arguments put to them by the opposition, they'll consider arguments put to them by stakeholders, they'll consider arguments put to them by government and they will, as highly capable and extremely engaged members of the Senate, make their decisions accordingly. I think to suggest otherwise would be somewhat disappointing.

In the short amount of time available, I will be very clear: the bill doesn't assume that registered organisations are the same as corporations. Where corporate regulation has some application, we have been able to mirror some parts of it to address concerns that have been raised by some stakeholders, but those processes have been appropriately adapted in the drafting to the particular nature, structure and purpose of registered organisations. There are a number of other things I would like to add in response to Senator Farrell, and I think we'll probably come back to this point.

Progress reported.

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