Senator LAMBIE (Tasmania) (15:51): by leave—Madam President, can we have the JLN's opposition to the amendments on sheets 2360 and 2357 recorded, please? The PRESIDENT: Yes. Senator LAMBIE: Thank you. The PRESIDENT: The question now is that the remaining amendments on sheets 2341, 2349, 2351, 2354, 2357, and 2360 and the amendments on sheets 2345, 2350, and 2353 be agreed to. Opposition's circulated amendments— SHEET 2341 (1) Schedule 1, item 238, page 62 (lines 23 and 24), omit the paragraph beginning "Division 4 provides" in section 40C. (3) Schedule 1, item 248, page 76 (after line 24), after paragraph 15P(1)(c), insert: (ca) the person does not perform any work under the services contract that is work covered by subsection (3) (building and construction work); and (4) Schedule 1, item 248, page 76 (line 27), omit "one or more", substitute "two or more". (5) Schedule 1, item 248, page 76 (line 34), omit "work;", substitute "work.". (6) Schedule 1, item 248, page 76 (lines 35 and 36), omit subparagraph 15P(1)(e)(iv). (7) Schedule 1, item 248, page 76 (after line 36), at the end of subsection 15P(1), add: Note: An employee-like worker cannot be an employee in relation to a services contract (see paragraph (d)). (8) Schedule 1, item 248, page 77 (lines 4 to 6), omit subsection 15P(3), substitute: (3) For the purposes of paragraph (1)(ca), work is covered by this subsection where the work would be general building and construction work within the meaning of section 23B if the work were done, onsite, by an employee in an industry referred to in subparagraph 23B(1)(a)(i) or (ii). (9) Schedule 1, item 249, page 107 (lines 19 and 20), omit paragraphs 536KL(1)(a) and (b), substitute: (a) payment for the performance of work under a services contract; (b) deductions from payments for performance of work under a services contract; (10) Schedule 1, item 249, page 107 (line 28), omit "rights;", substitute "rights.". (11) Schedule 1, item 249, page 107 (line 29), omit paragraph 536KL(1)(i). (12) Schedule 1, item 249, page 107 (lines 30 and 31), omit subsection 536KL(2), substitute: (2) The matters listed in subsection (1) are taken to be an exhaustive list of the terms that may be included in a minimum standards order. (13) Schedule 1, item 249, page 108 (line 30), omit "(1)". (14) Schedule 1, item 249, page 109 (lines 8 to 16), omit subsection 536KMA(2). (15) Schedule 1, item 249, page 109 (after line 28), after paragraph 536KN(1)(a), insert: (aa) mandatory minimum freight rates; (16) Schedule 1, item 258, page 153 (lines 3 and 4), omit the definition of road transport industry contractual chain participant in section 12. (17) Schedule 1, item 294, page 163 (line 16), omit "order;", substitute "order.". (18) Schedule 1, item 294, page 163 (lines 17 and 18), omit paragraph 675(2)(m). SHEET 2349 (1) Clause 2, page 2 (table item 2), omit the table item. SHEET 2351 (1) Clause 2, page 2 (table item 6A), omit the table item. SHEET 2354 (1) Clause 2, page 3 (table item 21), omit the table item. SHEET 2357 (1) Title, page 1 (lines 3 and 4), omit ", the road transport industry and registered organisations", substitute "and the road transport industry". (2) Clause 2, page 3 (table item 17), omit the table item. SHEET 2360 (1) Clause 2, page 3 (table item 22), omit the table item. SHEET 2345 (1) Clause 2, page 3 (after table item 12), insert: 12A. Schedule 1, Part 10A The day after this Act receives the Royal Assent. (2) Schedule 1, page 42 (after line 17), after Part 10, insert: Part 10A — Entry permits Fair Work Act 2009 123A After subsection 510(3) Insert: (3A) The FWC must, under this subsection, revoke or suspend each entry permit held by a permit holder if: (a) since the first of those permits was issued, the permit holder is convicted of one or more offences against a law of the Commonwealth or of a State or Territory; and (b) a court has decided to impose on the permit holder, in respect of the conviction or convictions, a period of imprisonment that is at least 12 months or periods of imprisonment that total at least 12 months. 123B After subsection 510(4) Insert: (4A) A suspension under subsection (3A) must be for a period of 10 years. 123C Subsection 510(5) After "subsection (1)", insert "or (3A)". 123D Paragraph 510(6)(a) After "subsection (1)", insert "or (3A)". 123E Paragraph 510(6)(b) Repeal the paragraph, substitute: (b) be no shorter than: (i) for action taken under subsection (1)—the minimum suspension period; or (ii) for action taken under subsection (3A)—10 years. 123F At the end of section 510 Add: Working out period of imprisonment (7) If: (a) a person has been convicted of 2 or more offences; and (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part); then, for the purposes of subsection (3A), the whole of each period is to be counted in working out the total of those periods. Example: A person is convicted of 2 offences and a court has decided to impose on the person in respect of the convictions 2 periods of 6 months imprisonment to be served concurrently. For the purposes of subsection (3A), the total period of imprisonment is 12 months. (8) For the purposes of subsection (3A), a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended. 123G Section 514 Before "The FWC", insert "(1)". 123H At the end of section 514 Add: (2) The FWC must not issue an entry permit to an official at any time during the period referred to in subsection (3) if: (a) the official has been convicted of one or more offences against a law of the Commonwealth or of a State or Territory; and (b) a court has decided to impose on the official, in respect of the conviction or convictions, a period of imprisonment that is at least 12 months or periods of imprisonment that total at least 12 months. (3) The period is the period of 10 years starting on the day the court imposes on the official, in respect of the conviction or convictions, the period or periods of imprisonment mentioned in subsection (2). Working out period of imprisonment (4) If: (a) a person has been convicted of 2 or more offences; and (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part); then, for the purposes of subsection (2), the whole of each period is to be counted in working out the total of those periods. Example: A person is convicted of 2 offences and a court has decided to impose on the person in respect of the convictions 2 periods of 6 months imprisonment to be served concurrently. For the purposes of subsection (2), the total period of imprisonment is 12 months. (5) For the purposes of subsection (2), a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended. (3) Schedule 1, item 308, page 175 (after line 15), after Division 7, insert: Division 7A — Amendments made by Part 10A of Schedule 1 to the amending Act 113A Applications of amendments — suspension or revocation of entry permits The amendments of section 510 made by Part 10A of Schedule 1 to the amending Act apply in relation to the suspension or revocation of an entry permit of a person who is convicted on or after the commencement of that Part: (a) whether the person engaged in the conduct to which the conviction, or convictions, relate before, on or after that commencement; and (b) whether the entry permit was issued to the person before, on or after that commencement. 113B Application of amendments — grant of entry permits The amendments of section 514 made by Part 10A of Schedule 1 to the amending Act apply in relation to the issue of entry permits to a person on or after the commencement of that Part: (a) whether the conviction, or convictions, of the person occur before, on or after that commencement; and (b) whether the person engaged in the conduct to which the conviction, or convictions, relate before, on or after that commencement; and (c) whether the application for the entry permit was made before, on or after that commencement. SHEET 2350 (1) Schedule 1, item 6, page 11 (line 12), omit "Territory.", substitute "Territory;". (2) Schedule 1, item 6, page 11 (after line 12), after paragraph 66AAC(4)(c), insert: (d) there are reasonable grounds for not accepting the notification and the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of not accepting the notification. (3) Schedule 1, item 6, page 11 (after line 14), at the end of section 66AAC, add: (5) Without limiting paragraph (4)(d), reasonable grounds for not accepting the notification include the following: (a) it would require a significant adjustment to the employee's hours of work in order for the employee to be employed as a full-time employee or part-time employee; (b) the employee's position will cease to exist in the period of 12 months after giving the notification; (c) the hours of work which the employee is required to perform will be significantly reduced in the period of 12 months after giving the notification. SHEET 2353 (1) Schedule 1, item 122, page 42 (lines 6 to 11), omit subparagraph 519(1)(b)(ii), substitute: (ii) the FWC is satisfied that the suspected contravention, or contraventions, are of a kind covered by subsection (1A) and reasonably believes that advance notice of the entry given by an entry notice would be likely to prejudice the effective investigation of the suspected contravention or contraventions. (2) Schedule 1, page 42 (after line 11), after item 122, insert: 122A After subsection 519(1) Insert: (1A) The suspected contravention, or contraventions, are of a kind covered by this subsection if the contravention, or contraventions, involve the underpayment of wages, or other monetary entitlements, of a member of the organisation whose industrial interests the organisation is entitled to represent and who performs work on the premises.