Sue Lines (President) Share this | Hansard source

Thank you, Senator Pocock.

I will now deal with the Committee of the Whole amendments, starting with the amendments circulated by the opposition. The question is that the amendments on sheets 3738, 3789, 3741, 3742, and 3746 be agreed to.

Opposition's circulated amendments—

SHEET 3738

(1) Page 2 (after line 11), after clause 3, insert:

4 Review of operation of amendments

Requirement to conduct review

(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act.

Timing of review

(2) The persons conducting the review must:

(a) commence the review as soon as practicable after the end of 6 months starting on the day this section commences; and

(b) complete the review before the end of 90 days after the day the review commences.

Minister to be given report of review

(3) The persons conducting the review must give the Minister a written report of the review as soon as practicable after the review is completed.

Minister to table copy of report of review

(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

_____

SHEET 3739

(1) Schedule 1, item 8, page 5 (after line 21), at the end of section 536PEA, add

(4) However, the Minister must not make a determination under subsection (3) unless a declaration of a national liquid fuel emergency is in force under section 16 of the Liquid Fuel Emergency Act 1984.

(2) Schedule 1, item 16, page 7 (lines 18 and 19), omit ", but are not limited to,".

_____

SHEET 3741

(1) Clause 2, page 2 (table), omit the table, substitute:

(2) Schedule 1, item 31, page 10 (line 16), after "made by", insert "Schedule 1 to".

(3) Page 10 (after line 28), at the end of the Bill, add:

Schedule 2 — Repeal of Schedule 1 amendments on 31 March 2027

Fair Work Act 2009

1 Section 12 (definitions of emergency application and time-sensitive road transport contractual chain order )

Repeal the definitions.

2 Subsection 536 NT( 4)

Repeal the subsection, substitute:

(4) Despite subsection (3), the specified day may be a day not earlier than 6 months after the relevant notice of intent for the order was published, if the FWC is satisfied that the circumstances urgently require it.

3 Section 536PB (paragraph beginning "Normally, a road transport contractual chain order")

Repeal the paragraph.

4 Subsection 536 PD( 1) (note 1)

Omit "Note 1", substitute "Note".

5 Subsection 536 PD( 1) (note 2)

Repeal the note.

6 Subsection 536 PE( 1) (note 1)

Omit "Note 1", substitute "Note".

7 Subsection 536 PE( 1) (note 2)

Repeal the note.

8 Section 536PEA

Repeal the section.

9 Subsection 536 PF( 3)

Repeal the subsection.

10 Subsection 536PH(1A)

Repeal the subsection.

11 Paragraph 536PJ(2)(c)

Repeal the paragraph, substitute:

(c) follow the process set out in section 536PH in relation to the revised draft road transport contractual chain order (with the period of consultation under that section to be no shorter than 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (b) of this subsection were published).

12 Subsections 536 PJ( 3) and (4)

Repeal the subsections, substitute:

(3) Despite paragraph (2)(c), the FWC may reduce the consultation period mentioned in that paragraph to a period not shorter than 6 months if the FWC is satisfied that the circumstances urgently require it.

13 Subsection 536 PQ( 1)

Omit ", other than a time-sensitive roadtransport contractual chain order,".

14 Subsection 536 PC( 2)

Omit "that is not a time-sensitive roadtransport contractual chain order".

15 Subsection 536 PQ( 3)

Repeal the subsection (including the note).

16 Section 536PQA

Repeal the section.

17 Section 536PS (note)

Repeal the note.

18 Subsection 536 PT( 1) (note)

Repeal the note.

19 Paragraph 536PX(3)(a)

Repeal the paragraph, substitute:

(a) must not be longer than 12 months; and

20 Subsection 536 PX( 5)

Omit "the relevant period" (wherever occurring), substitute "12 months".

21 Subsection 536PX(5A)

Repeal the subsection.

22 Section 536PY (heading)

Omit "generally".

23 Subsections 536 PY( 1) and (2)

Omit "the relevant period starting on", substitute "12 months of".

24 Subsection 536 PY( 3)

Repeal the subsection.

25 Paragraph 536QG(3)(a)

Repeal the paragraph, substitute:

(a) must not be a period of more than 12 months; and

26 Subsection 536 QG( 5)

Omit "the relevant period" (wherever occurring), substitute "12 months".

27 Subsection 536QG(5A)

Repeal the subsection.

28 Subsection 536QM(1A)

Repeal the subsection.

29 Paragraph 536QN(2)(c)

Repeal the paragraph, substitute:

(c) follow the process set out in section 536QM in relation to the revised draft road transport contractual chain order (with the period of consultation under that section to be no shorter than 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (b) of this subsection were published).

30 Subsections 536 QN( 3) and (4)

Repeal the subsections.

31 In the appropriate position in Schedule 1

Insert:

Part 23 — Amendments made by Schedule 2 to the Fair Work Amendment (Fairer Fuel) Act 2026

132 Application of amendments

(1) The amendments made by Schedule 2 to the Fair Work Amendment (Fairer Fuel) Act 2026 apply in relation to:

(a) an application for a road transport contractual chain order; or

(b) an application for a determination varying or revoking a road transport contractual chain order;

made on or after the commencement of that Schedule.

(2) Despite the amendments made by Schedule 2 to the Fair Work Amendment (Fairer Fuel) Act 2026, this Act as in force immediately before the commencement of that Schedule continues to apply in relation to:

(a) an application for a road transport contractual chain order; or

(b) an application for a determination varying or revoking a road transport contractual chain order;

made before that commencement.

_____

SHEET 3742

(1) Schedule 1, item 12, page 6 (after line 20), after subsection 536PJ(4), insert:

(5) Nothing in subsection (4) limits or removes the requirement for consultation to be actually undertaken.

(2) Schedule 1, item 30, page 10 (after line 13), after subsection 536QN(4), insert:

(5) Nothing in subsection (4) limits or removes the requirement for consultation to be actually undertaken.

_____

SHEET 3746

(1) Schedule 1, item 16, page 7 (lines 22 to 24), omit paragraphs 536PQA(2)(c), (d) and (e), substitute:

(c) rate reviews involving fuel;

(d) charges involving fuel.