Senate debates

Wednesday, 1 September 2021

Bills

Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021; In Committee

10:04 am

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

In the first instance, I table a supplementary explanatory memorandum relating to the government amendment to be moved to this bill, and I also therefore seek leave to move government amendment on sheet QL186.

Leave granted.

I move the amendment:

(1) Schedule 1, item 28, page 7 (after line 16), after section 49, insert:

49A Applications for orders to stop sexual harassment

The amendments of section 789FC made by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 apply in relation to an application made under that section after the end of the 2-month period beginning at the commencement of this section.

This amendment, as I've already articulated in my summing up speech, gives effect to the recommendation of the Senate Education and Employment Legislation Committee report on the bill, by delaying applications being made under the changes to the bullying provisions in the Fair Work Act until two months after the bill commences. This recommendation was in response to concerns raised by the Fair Work Commission in its submission to the Senate committee about its capacity to successfully implement the changes to its antibullying jurisdiction, given it anticipates an increase in applications when the changes take effect. The committee obviously took on board that feedback from the Fair Work Commission and made the recommendation, and the government is more than happy to move that.

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