The PRESIDENT (16:15): The question is that items 9, 138 to 141 and 152 of schedule 1 stand as printed. The Jacqui Lambie Network and Senator David Pocock oppose d items 9, 138 to 141 and 152 of Schedule 1 in the following terms— SHEET 2365 (4) Schedule 1, items 138 to 141, page 46 (line 9) to page 47 (line 6), to be opposed. (8) Schedule 1, item 152, page 49 (lines 1 and 2), to be opposed. _____ SHEET 2366 (19) Schedule 1, item 9, page 11 (lines 28 and 29), to be opposed. A division having been called and the bells being rung— The PRESIDENT: Senator Lambie, I believe you are seeking leave to cancel the division. Thank you very much. Question negatived. The PRESIDENT: The question now is that the remaining amendments on sheets 2365 and 2366, and the amendments on sheet 2363 revised, 2364 revised, 2367, 2368, 2369, 2370, 2371 revised, 2375 and 2376 be agreed to. SHEET 2363 Revised (1) Schedule 1, item 249, page 110 (after line 5), after section 536KN, insert: 536KO Achieving the minimum standards objective A minimum standards order may include terms that it is permitted to include, and must include terms that it is required to include, only to the extent necessary to achieve the minimum standards objective. _____ SHEET 2364 Revised (1) Schedule 1, item 249, page 110 (line 9), after "represent", insert ", or another body that represents,". (2) Schedule 1, item 249, page 110 (line 13), after "represent", insert ", or another body that represents,". (3) Schedule 1, item 249, page 110 (after line 19), after paragraph 536KP©, insert: (ca) a national or State council or federation that is effectively representative of a significant number of organisations or bodies mentioned in paragraph (a) or (b); _____ SHEET 2367 (1) Clause 2, page 2 (table item 1, column 1), omit "3", substitute "4". (2) Page 4 (after line 11), after clause 3, insert: 4 Review of operation of amendments made by this Act (1) The Minister must cause a review to be conducted of the operation of the amendments made by this Act, including but not limited to the new jurisdictions relating to regulated workers and the right to disconnect. (2) Without limiting the matters that may be considered when conducting the review, the review must: (a) consider whether the operation of the amendments made by this Act is appropriate and effective; and (b) identify any unintended consequences of the amendments made by this Act; and I consider whether amendments of the Fair Work Act 2009, or any other legislation, are necessary to: (i) improve the operation of the amendments made by this Act; or (ii) rectify any unintended consequences identified under paragraph (b). (3) The review must commence no later than 2 years after the day on which this Act receives the Royal Assent. (4) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review. (5) 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 2368 (1) Schedule 1, item 122, page 42 (line 11), at the end of subparagraph 519(1)(b)(ii), add ", and the FWC reasonably believes that advance notice of the entry given by an entry notice would hinder an effective investigation into the suspected contravention or contraventions". _____ SHEET 2369 (1) Schedule 1, Part 16, page 166 (after line 14), at the end of the Part, add: Division 6 — Digital Labour Platform Consultative Committee National Workplace Relations Consultative Council Act 2002 306A Before section 1 Insert: Part 1 — Introduction 306B Section 3 Insert: Committee means the Digital Labour Platform Consultative Committee. Digital labour platform has the meaning given by the Fair Work Act 2009. Digital Labour Platform Consultative Committee means the committee established under Part 3. Digital labour platform operator has the meaning given by the Fair Work Act 2009. Digital platform work has the meaning given by the Fair Work Act 2009. 306C Before section 4 Insert: Part 2 — Establishment of the National Workplace Relations Consultative Council 306D Subsections 10A(1) to (3) Repeal the subsections, substitute: (1) The Minister may, after consulting the members of the Council or the Digital Labour Platform Consultative Committee (as the case requires), invite a person, body or organisation to nominate a representative for the purposes of this section. (2) A representative so invited may participate in one or more meetings of one or more of the following, in accordance with the invitation, but does not become a member of the Council, or of a committee or subcommittee: (a) the Council; (b) committees of the Council, including the Digital Labour Platform Consultative Committee; © a subcommittee of the Digital Labour Platform Consultative Committee. (3) If at any time the Minister terminates an invitation, the representative concerned ceases to be entitled to participate in meetings of the Council, its committees or any subcommittee of the Digital Labour Platform Consultative Committee. 306E Before section 13 Insert: Part 3 — Establishment of the Digital Labour Platform Consultative Committee 12A Digital Labour Platform Consultative Committee (1) There is established by this Part a committee by the name of the Digital Labour Platform Consultative Committee. (2) A member of the Committee is not entitled to any remuneration or allowances. (3) Subject to subsection (2), the Committee is taken to be a committee constituted for the purposes of section 12. 12B Purpose of Committee (1) The purpose of the Committee is to provide, in the public interest, a regular and organised means by which representatives of: (a) the Government of the Commonwealth; and (b) digital labour platform operators; and © workers performing digital platform work; and (d) when the Minister considers it appropriate, other persons, bodies and organisations; may consult together on workplace relations matters relating to digital platform work. (2) It is the intention of this Act that: (a) meetings of the Committee will be conducted on a non-political basis; and (b) the Committee will not interfere with the proper performance of the functions of industrial tribunals; and © subject to the rights of persons participating in meetings of the Committee to report to the persons, bodies and organisations that they represent and to the right of the Committee to make announcements that those persons agree are in the public interest, the views expressed at those meetings will be kept confidential. (3) Subsection (1) does not limit the purposes of the Council under section 5. 12C Membership of Committee (1) The Committee is to consist of the following members: (a) the Minister, who is to be the Chair of the Committee; (b) at least 6 members appointed by the Minister under subsection (3) who the Minister is satisfied represent digital labour platform operators; © at least 6 members appointed by the Minister under subsection (3) who the Minister is satisfied represent workers performing digital platform work. (2) Without limiting the sectors that may be represented for the purposes of paragraphs (1)(b) and (c), the Minister must be satisfied that the persons appointed under each of those paragraphs represent the following sectors: (a) the care economy sector; (b) the on demand delivery sector; © the rideshare sector. (3) The Minister may appoint a person for the purposes of paragraph (1)(b) or (c). (4) Subject to this Act, a member (except the Minister) holds office for such period, not exceeding 2 years, as is specified in the instrument of appointment, but is eligible for re-appointment. 12D Resignation of members An appointed member may resign by writing signed by the member and delivered to the Minister. 12E Termination of appointment of members If, in relation to a member appointed for the purposes of paragraph 12C(1)(b) or (c), the Minister ceases to be satisfied as required by the relevant paragraph, the Minister must terminate the appointment of that member. 12F Substitute members (1) The Minister may nominate a person to attend a meeting of the Committee in the Minister's place, or in the place of an appointed member who is unable to be present at a meeting of the Committee. (2) A person nominated under subsection (1) to attend a meeting of the Committee in the place of a member of the Committee has, and may exercise, at that meeting all the rights of that member. 12G Meetings of Committee (1) During the first 24 months after this section commences, the Committee must meet: (a) at least once each year during the period that begins on 1 January and ends on 30 June; and (b) at least once each year during the period that begins on 1 July and ends on 31 December. Note: A representative of a person, body or organisation may, under section 10A, be invited by the Minister to a meeting. (2) After that 24-month period, the Committee must meet at least once during each further 12-month period. (3) The Minister may, at any time, convene a meeting of the Committee and must do so whenever the holding of a meeting is necessary to comply with subsection (1) or (2). (4) The Minister must convene a meeting of the Committee whenever requested to do so by a majority of the members of the Committee. (5) The Minister must preside at all meetings of the Committee at which the Minister is present, and, in the Minister's absence from a meeting, the person nominated under subsection 12F(1) to attend that meeting in the place of the Minister must preside. (6) Subject to this section, the procedure to be followed at a meeting of the Committee must be determined by the Committee. 12H Subcommittees (1) The Committee may, at any time, cause to be constituted a subcommittee to consider, and report to the Committee on, any matter relevant to the purpose of the Committee referred to it by the Committee. (2) A member of a subcommittee is not entitled to any remuneration or allowances. Part 4 — Other matters 306F Application of amendments The amendments of the National Workplace Relations Consultative Council Act 2002 made by this Division apply to: (a) the period beginning on 1 January and ending on 30 June, or beginning on 1 July and ending on 31 December, during which this Division commences; and (b) any later such period. _____ SHEET 2370 (1) Schedule 1, item 249, page 98 (line 7), after "business", insert "that is included in a class of regulated businesses". (2) Schedule 1, item 249, page 98 (after line 17), after subsection 536JZ(3), insert: (3A) An application for the making of a minimum standards order must specify the class of regulated businesses to be covered by the order. (3) Schedule 1, item 249, page 98 (line 19), after "subsection (3)", insert "or (3A)". (4) Schedule 1, item 249, page 105 (line 24), omit "operator or". (5) Schedule 1, item 249, page 105 (line 30), omit "one or more". (6) Schedule 1, item 249, page 105 (line 33) to page 106 (line 1), omit "the digital labour platform operator or operators", substitute "a digital platform operator". (7) Schedule 1, item 249, page 106 (lines 5 and 6), omit "the digital labour platform operator or operators", substitute "a digital platform operator". (8) Schedule 1, item 249, page 106 (line 9), omit "digital labour platform operator or". (9) Schedule 1, item 249, page 106 (lines 13 and 14), omit "may be specified by name or by", substitute "must be specified by". (10) Schedule 1, item 249, page 107 (line 3), paragraph 536KJ(3)(a), omit "may be specified by name or by", substitute "must be specified by". (11) Schedule 1, item 249, page 111 (line 28), after "business", insert "that is included in a class of regulated businesses". (12) Schedule 1, item 249, page 112 (after line 4), after subsection 536KS(2), insert: (2A) An application for the making of minimum standards guidelines must specify the class of regulated businesses to be covered by the guidelines. (13) Schedule 1, item 249, page 112 (line 6), after "subsection (2)", insert "or (2A)". _____ SHEET 2371 Revised (1) Clause 2, page 3 (after table item 21), insert: 21A. Schedule 1, Part 15A The day after this Act receives the Royal Assent. (2) Schedule 1, page 61 (after line 31), after Part 15, insert: Part 15A — Provisions relating to the application of section 15AA Fair Work Act 2009 237A Before section 15A Insert: 15AB Individual may elect that section 15AA does not apply (1) This section applies to a relationship between a person and an individual. Person may notify individual before the section 15AA commencement that they may give an opt out notice (2) The person may give the individual a written notice before the section 15AA commencement stating that the individual may give the person an opt out notice, if the person considers that the relationship may, on the section 15AA commencement, become a relationship in which the person is the employer of the individual because of the operation of section 15AA. Person may notify individual on or after the section 15AA commencement that they may give an opt out notice (3) The person may give the individual a written notice on or after the section 15AA commencement stating that the individual may give the person an opt out notice, if the person considers that the relationship may be a relationship in which the person is the employer of the individual because of the operation of section 15AA. Earnings requirement (4) The person must not give the individual a notice under subsection (2) or (3) unless the person considers that, when the notice is given, the individual's earnings for work performed under the relationship exceed the contractor high income threshold. Individual may give an opt out notice (5) The individual may give an opt out notice to the person, stating that the individual elects that section 15AA is not to apply to the relationship between the person and the individual: (a) if the person has given a notice to the individual under subsection (2) or (3) of this section—within 21 days of the giving of the notice; or (b) if the person has not given a notice to the individual under subsection (2) or (3) of this section—at any time after the commencement of this section. (6) The individual may give only one opt out notice in respect of the relationship. Opt out notice to include a statement about earnings (7) The opt out notice must state that the individual considers that the individual's earnings for work performed under the relationship exceed the contractor high income threshold when the opt out notice is given. Definitions (8) In this section, and in sections 15AC and 15AD: opt out notice means a notice under subsection (5). Section 15AA commencement means the commencement of section 15AA of this Act. Note: Section 15AA of this Act is inserted by item 237 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, which commences in accordance with item 21 of the table in subsection 2(1) of that Act. 15AC Effect of an opt out notice (1) This section applies if an individual gives an opt out notice to a person in respect of the relationship between the person and the individual in accordance with section 15AB. Opt out notice given before the section 15AA commencement (2) If the opt out notice is given before the section 15AA commencement, and is not revoked before that commencement under section 15AD, then: (a) by force of this section, section 15AA does not start to apply to the relationship on that commencement; and (b) section 15AA does not apply to the relationship after that commencement, unless the opt out notice is revoked. Opt out notice given on or after the section 15AA commencement (3) If the opt out notice is given on or after the section 15AA commencement, then: (a) by force of this section, section 15AA ceases to apply to the relationship on the day on which the opt out notice is given; and (b) section 15AA does not apply to the relationship on or after that day, unless the opt out notice is revoked. Note: If an individual does not give an opt out notice to a person in accordance with section 15AB, section 15AA starts to apply, or continues to apply, (as applicable) to the relationship between the person and the individual. 15AD Opt out notice may be revoked by an individual (1) An individual who has given an opt out notice to a person may (subject to subsection (4)), at any time after giving the opt out notice, revoke the opt out notice by giving written notice (a revocation notice) to the person that the individual elects that section 15AA is to apply to the relationship between the person and the individual. Revocation before the section 15AA commencement (2) If an individual gives a revocation notice to a person before the section 15AA commencement, section 15AA applies, by force of this subsection, to the relationship between the person and the individual on and after that commencement. Revocation on or after the section 15AA commencement (3) If an individual gives a revocation notice to a person on or after the section 15AA commencement, section 15AA applies, by force of this subsection, to the relationship between the person and the individual on and after the day on which the revocation notice is given. (4) An individual may give only one revocation notice in respect of a particular relationship. (3) Schedule 1, item 258, page 152 (after line 18), after the definition of minimum standards order, insert: opt out notice: see subsection 15AB(8). (4) Schedule 1, item 258, page 153 (after line 8), after the definition of road transport minimum standards order, insert: section 15AA commencement: see subsection 15AB(8). (5) Schedule 1, item 308, page 176 (line 26), after "Schedule", insert "and sections 15AB to 15AD of the amended Act". (6) Schedule 1, item 308, page 177 (line 21), after "Act", insert ", and, to avoid doubt, does not include a reference to an individual in respect of whom an opt out notice has been given and not revoked". _____ SHEET 2375 (1) Schedule 1, item 248, page 74 (line 2), heading to section 15KA, omit "relating to digital platform work". (2) Schedule 1, item 248, page 74 (after line 11), after subsection 15KA(1), insert: (1A) For the purposes of ascertaining the real substance, practical reality and true nature of the relationship between an individual and a person, any steps taken by a road transport business to comply with its obligations under any of the following in relation to the individual are to be disregarded: (a) Part 3A-3; (b) the Road Transport Industry Termination Code; © an order made under, or for the purposes of, Chapter 3A. (3) Schedule 1, item 248, page 74 (after line 15), at the end of section 15KA, add: (3) A regulated road transport contractor to whom a road transport minimum standards order applies in relation to particular work in the road transport industry is not an employee of any person in relation to that work. _____ SHEET 2376 (1) Schedule 1, item 248, page 76 (line 27), omit "one", substitute "2". Question agreed to. The PRESIDENT: The question is that the amendments on sheet 2362 be agreed to. Senator Van's circulated amendments— (1) Schedule 1, item 70B, page 34 (lines 9 to 24), omit section 270A, substitute: 270A Terms dealing with matters at issue (1) This section applies if, immediately before the determination is made, an enterprise agreement applies to one or more employees who will be covered by the determination. (2) The determination must be not less favourable overall to those employees, and any employee organisation that was a bargaining representative of any of those employees, than an enterprise agreement that applies to one or more employees who will be covered by the determination. (3) In considering whether the determination is not less favourable overall under subsection (2), the FWC must have regard to the requirements of sections 193 and 193A, subject to comparison to any enterprise agreement that applies to one or more employees who will be covered by the determination rather than the relevant modern award. (4) To avoid doubt, section 193 applies to the determination and is not subject to the not less favourable overall test in this section. (5) To the extent of any inconsistency between this section and section 273, section 273 prevails. (2) Schedule 1, item 308, page 174 (line 3) to page 175 (line 2), omit clauses 110 and 111 of Schedule 1, substitute: 110 Application of amendments — intractable bargaining workplace determinations (1) This clause applies to the following provisions: (a) section 270A of the amended Act; (b) subsection 274(3) of the amended Act. (2) The provisions apply in relation to determinations made on or after the commencement of Part 5A of Schedule 1 to the amending Act. (3) To avoid doubt, the provisions do not apply in relation to applications made under section 235 before the commencement of Part 5A of Schedule 1 to the amending Act.