The PRESIDENT (15:59): Before I go to the next set of amendments, I remind advisers at the back of the room that, if you have paraphernalia with slogans on, it is to be removed from site and, once I've appointed tellers, you are not to move. I will now deal with the amendments circulated by Pauline Hanson's One Nation. The question is that the amendments on sheet 2339 be agreed to. Pauline Hanson's One Nation's circulated amendments— (1) Clause 2, page 4 (after table item 24), insert: 25. Schedule 1, Part 19 The day after this Act receives the Royal Assent. (2) Schedule 1, page 182 (after line 12), at the end of the Schedule, add: Part 19 — Minimum pay for casual employees in the black coal mining industry Fair Work Act 2009 309 At the end of Part 2-9 Add: Division 6 — Minimum pay for casual employees in the black coal mining industry 333M Minimum pay for casual employees in the black coal mining industry (1) This section applies if: (a) a casual employee enters into a contract or arrangement with an employer to perform work for the employer; and (b) while performing the work, any of the following apply: (i) the Black Coal Mining Industry Award applies to the casual employee; or (ii) an enterprise agreement applies to the casual employee; or (iii) the casual employee is an award/agreement free employee; and (c) the employer is part of the black coal mining industry. (2) The employer must pay the casual employee so assigned as a casual by a contract or arrangement, in respect of the work: (a) a base rate of pay for the casual employee's hours of work that is no less than the base rate of pay that is, or would be, payable to a full-time employee of the employer undertaking the same kind of work for the same hours of work; and (b) any of the following that is, or would be, payable to an employee of the employer in the same classification or class of work: (i) incentive-based payments and bonuses; (ii) loadings; (iii) monetary allowances; (iv) overtime or penalty rates; (v) any other separately identifiable amounts; and in addition (c) a loading of 25% of the base rate of pay referred to in paragraph (a). (3) For the purposes of paragraph (2)(a), a person's hours of work includes: (a) the person's ordinary hours of work; and (b) the person's roster for when the work is performed. Example: Tom and Ben both have a 40-hour work week. However, Ben is on a rotating roster, whereas Tom only works day shifts. For the purposes of paragraph (2)(a), Ben does not have the same hours of work as Tom. 333N Review by Fair Work Commission (1) The Fair Work Commission must review all enterprise agreements operative, and previously operative, under the Black Coal Mining Industry Award as soon as practicable after: (a) the 6 month anniversary of the commencement of this Division; and (b) each successive 12 month period. (2) The review must examine: (a) whether the enterprise agreements referred to in subsection (1) comply with the requirement in section 333M; and (b) if an enterprise agreement fails to comply—the extent to which casual employees are being underpaid under each enterprise agreement. (3) The Fair Work Commission must give the Minister a written report of the review within 3 months of the commencement of the review. (4) Without limiting subsection (3), the report must include a list of every enterprise agreement which does not comply with the requirements in section 333M. (5) The Minister must: (a) as soon as practicable after being given the report, cause a copy of the report to be given to the Fair Work Ombudsman; and (b) on the first sitting day after being given the report, cause a copy of the report to be tabled in each House of the Parliament. 333P Audit by Fair Work Ombudsman (1) As soon as practicable after being given a copy of a report under paragraph 333N(5)(a), the Fair Work Ombudsman must notify each employer covered by an enterprise agreement mentioned in subsection 333N(4) that the enterprise agreement has been included in the report. (2) Within 30 days after the employer receives a notice under subsection (1), the employer must give the Fair Work Ombudsman a written statement that includes the following: (a) the name of each casual employee of a kind referred to in subsection 333M(1); (b) the pay rates and total remuneration paid to each casual employee for each financial year within the total period in which both: (i) the employee has been performing work for the employer; and (ii) the enterprise agreement referred to in a notification given to the employer under subsection 333P(1) applied to the employee. Note: This subsection is a civil remedy provision (see Part 4-1). (4) The Fair Work Ombudsman must conduct an audit of written statements given to the Fair Work Ombudsman, including by undertaking an assessment of whether: (a) each casual employee mentioned in a written statement has been underpaid; and (b) if the Fair Work Ombudsman reasonably considers that the casual employee has been underpaid—the total amount by which the Fair Work Ombudsman reasonably considers each casual employee has been underpaid. (5) The Fair Work Ombudsman must give the Minister a written report of the audit within 3 months of the commencement of the audit. (6) Without limiting subsection (5), the report must include the following: (a) a list of each casual employee that the Fair Work Ombudsman reasonably considers has been underpaid; (b) the total amount by which the Fair Work Ombudsman reasonably considers each casual employee has been underpaid. (7) The Minister must cause a copy of the report to be tabled in each House of the Parliament on the first sitting day after being given the report. 333Q Compensation for underpayment (1) This section applies if the Fair Work Ombudsman: (a) conducts an assessment under subsection 333P(3); and (b) based on that assessment, reasonably considers that a casual employee has been underpaid. (2) As soon as practicable after giving the Minister a report under subsection 333P(5), the Fair Work Ombudsman must provide a compensation notice in respect of the casual employee to the following: (a) the employer of the casual employee; and (b) the industrial association or industrial associations (if any) that supported the enterprise agreement covering the casual employee; and (c) the Fair Work Commission. (3) As soon as practicable after receiving a compensation notice under subsection (2) the notified party must pay the amount of compensation included in that notice to the casual employee. (4) A person referred to in paragraph 333Q(2)(a) or 333Q(2)(b) commits an offence if the person fails to comply with subsection (3). Penalty: (a) for an individual—imprisonment for 2 years or 500 penalty units, or both; or (b) for a body corporate—2,500 penalty units. (5) Subsection (4) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). (6) In this section: compensation notice means a notice setting out: (a) the fact that the Fair Work Ombudsman considers that a casual employee has been underpaid; (b) the name of the casual employee; (c) the total amount by which the Fair Work Ombudsman considers the casual employee has been underpaid; (d) the compensation portion. compensation portion means an amount of compensation that is the total amount of compensation that the Fair Work Ombudsman reasonably considers is owed to the casual employee divided by the total number of parties that the Fair Work Ombudsman proposes to notify under subsection (2). 333R Funding Expenditure for the purposes of this Division is to be made from funds appropriated by the Parliament. 333S Definitions In this Division: Black Coal Mining Industry Award means the Black Coal Mining Industry Award 2020, as in force from time to time. 310 Subsection 539(2) (after table item 10D) Insert: 10E 333P(2) an inspector; (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court for a serious contravention—600 penalty units; or otherwise—60 penalty units (3) Schedule 1, page 176 (after line 7), after Division 8, insert: Division 9 — Amendments made by Part 19 of Schedule 1 to the amending Act 113A Application of amendments Division 6 of Part 2-9, as inserted by Part 19 of Schedule 1 to the amending Act, applies in relation to contracts or arrangements entered into before, on or after the commencement of this item.