Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

Can I indicate that the Australian Greens will be opposing these provisions, particularly items (1) and (2), which would change the hostile work environment provisions to require that the conduct be directed at a complainant. The individual complainant approach defeats the purpose of having provisions creating a workplace and cultural change approach, so wrong way, go back. Items (3) and (4) would weaken the positive duty by requiring employers to do simply what is reasonably practicable rather than what is possible to make the workplace safe. We won't support a weakening of the positive duty. The proposal to give compliance powers to the Fair Work Ombudsman rather than AHRC would fly in the face of Ms Jenkins's recommendations, which identify the AHRC as the best compliance agency, given its expertise.

Again, on item 10 to scrap the representative actions provisions, the Greens believe representative actions are a key reform in allowing complaints to be made without exposing individual workers. Lastly, the proposal in item 11 is to revert to the previous government's weak version of the objectives clause, which would seek equality of opportunity rather than substantive equality. Structural gender inequality is not simply about denial of opportunity. It reflects how discrimination, stereotypes and other factors can affect people's capacity to take up opportunities. The goal of substantive equality recognises that opportunities need to be offered differently in some circumstances in order to overcome structural barriers and achieve substantive equality. For all those reasons, we won't be supporting any of these amendments.

The CHAIR: Senator Cash has moved amendments (1) to (11) on 1752. I am required to put those amendments by two questions. I will take you through the questions before I put them. The first question is that amendments (1) to (6), (8) and (9) be agreed to. Regardless of the outcome, I will then put the second question, which will be that items 17 to 22, 24 and 25 of schedule 2, schedule 4, and item 2 of schedule 8 stand as printed, and item 23 of schedule 2 stand as amended.

The CHAIR (12:34): The question is that items 17 to 22, 24 and 25 of schedule 2, schedule 4, and item 2 of schedule 8 stand as printed, and item 23 of schedule 2 stand as amended.

Question agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.