The PRESIDENT (18:40): We will now move to opposition amendments on sheets 2798 revised 3, 2799, 2824, 2825, 2826, 2827 and 2828. Senator Cash: Could I check the status of opposition amendments on sheet 2797? I understand they have now been circulated. The PRESIDENT: With the agreement of the Senate, I will add that sheet to the list. We've now added the amendments on the revised sheet 2797. The question is that amendments on sheets 2797, 2798 revised 3, 2799, 2824, 2825, 2826, 2827 and 2828, circulated by the opposition, be agreed to. Opposition's circulated amendments— SHEET 2797 (1) Amendment (1), item 1B, subsection 177A(1), omit "removed person at a time", substitute "removed person". (2) Amendment (1), item 1B, paragraphs 177A(1)(b) and (c), omit the paragraphs, substitute: (b) if the event involved suspension—the suspension has not ended. (3) Amendment (1), item 1B, subsection 177A(2), omit "removed person at a time", substitute "removed person". (4) Amendment (1), item 1B, paragraphs 177A(2)(b) and (c), omit the paragraphs, substitute: (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable). (5) Amendment (8), subsection 323MA(1), omit "removed person at a time", substitute "removed person". (6) Amendment (8), paragraphs 323MA(1)(b) and (c), omit the paragraphs, substitute: (b) if the event involves suspension—the suspension has not ended. (7) Amendment (8), subsection 323MA(2), omit "removed person at a time", substitute "removed person". (8) Amendment (8), paragraphs 323MA(2)(b) and (c), omit the paragraphs, substitute: (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable). _____ SHEET 2798 REVISED 3 (1) Schedule 1, item 5, page 14 (after line 24), at the end of Part 2A, add: 323T Reporting by administrator (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme: (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and (b) at the end of every subsequent 6 month period until the administration ends. (2) A report must include: (a) a statement outlining the administrator's activities under this Part during the preceding 6 month period; and (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report. (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it. _____ SHEET 2799 (1) Schedule 1, item 9, page 15 (line 6), omit "17 July", substitute "1 July". _____ SHEET 2824 (1) Schedule 1, item 5, page 7 (after line 6), after subsection 323D(2), insert: (2A) However, the Minister must not: (a) vary the scheme to end the administration for a branch; or (b) revoke the scheme; before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively. _____ SHEET 2825 (1) Schedule 1, item 5, page 4 (line 25), omit "third", substitute "fifth". (2) Schedule 1, item 5, page 7 (line 9), omit "3", substitute "5". (3) Schedule 1, item 5, page 7 (line 11), omit "third", substitute "fifth". _____ SHEET 2826 (1) Schedule 1, item 5, page 9 (after line 13), after subsection 323K(2), insert: (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches. _____ SHEET 2827 (1) Schedule 1, item 5, page 5 (line 12), omit "may provide for any of", substitute "must provide for". (2) Schedule 1, item 5, page 6 (after line 11), after subsection 323B(3), insert: (4A) The scheme may provide for any other matters the Minister considers appropriate. _____ SHEET 2828 (1) Schedule 1, page 3 (before line 3), before the heading specifying Fair Work (Registered Organisations) Act 2009, insert: Fair Work Act 2009 1A Section 12 Insert: removed person: see subsections 177A(1) and (2). 1B After section 177 Insert: 177A Restrictions on removed persons being bargaining representatives Definition of removed persons (1) A person is a removed person at a time if: (a) any of the following events has happened as a result of a scheme determined under subsection 323B(1) of the Registered Organisations Act (a scheme for the administration of the Construction and General Division of the CFMEU and its branches): (i) the person is removed (however described and including by having their office vacated) or suspended as an officer (within the meaning of this Act), or the person's role as an officer otherwise comes to an end; (ii) the person's employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended; (iii) the person is removed (however described) or suspended as a workplace delegate, or the person's role as a workplace delegate otherwise comes to an end; and (b) if the event involved suspension—the suspension has not ended; and (c) the time is before the fifth anniversary of the day the Construction and General Division and its branches are placed under administration by force of subsection 323A(1) of the Registered Organisations Act. (2) A person is also a removed person at a time if: (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1) of the Registered Organisations Act, the person, by the person's own choice: (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or (iii) ceases to be a workplace delegate for members of the Construction and General Division or any of its branches; and (b) the administrator is of the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable); and (c) the time is before the fifth anniversary of the day the Construction and General Division and its branches are placed under administration by force of subsection 323A(1) of the Registered Organisations Act. Removed person must not be bargaining representative without a certificate (3) A removed person must not do any of the following, whether in their personal capacity or any other capacity: (a) be a bargaining representative of an employee or employer; (b) purport to be a bargaining representative of an employee or employer; (c) hold out that the person is a bargaining representative of an employee or employer. Note: This subsection is a civil remedy provision (see Part 4-1). (4) Subsection (3) does not apply if the removed person holds a certificate granted under subsection (7). (5) If, in proceedings for a pecuniary penalty order against a removed person for a contravention of subsection (3), the person wishes to rely on the exception in subsection (4), the person bears an evidential burden in relation to the matter. (6) Subsection (3) has effect despite subsection 176(1) and section 177. However, subsection (3) does not prevent an employee who will be covered by the agreement concerned from appointing themselves under paragraph 176(1)(c) as their own bargaining representative for the agreement. Certificate to be a bargaining representative (7) The FWC may, on application in writing by a removed person, grant the person a certificate to be a bargaining representative, if satisfied that the person is a fit and proper person to be a bargaining representative. (8) In deciding whether the removed person is a fit and proper person to be a bargaining representative, the FWC must have regard to the following matters: (a) the reasons the person became a removed person, including whether the person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii) of the Registered Organisations Act; (b) whether the person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving: (i) fraud or dishonesty; or (ii) intentional use of violence against another person; or (iii) intentional damage or destruction of property; (c) the general character of the person. (9) The FWC may also have regard to any other matters the FWC considers relevant. (10) The FWC must not grant the certificate: (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) of the Registered Organisations Act and the period of the disqualification has not ended; or (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1) of the Registered Organisations Act. (11) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions). (12) In this section: CFMEU has the same meaning as in the Registered Organisations Act. Construction and General Division has the same meaning as in the Registered Organisations Act. 1C Subsection 539(2) (before table item 5A) Insert: 5AC 177A(3) (a) an employee; (b) a bargaining representative for the proposed enterprise agreement; (c) an inspector; (d) the General Manager; (e) the administrator of a scheme determined under subsection 323B(1) of the Registered Organisations Act (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court 600 penalty units 1D Subsection 539(2) (cell at table item 25, column 1) Repeal the cell, substitute: 482(3) 483(4) 483B(4) 483C(5) 483D(4) 483E(5) 494(1) 495(1) 496 497 498 499 500 501 502(1) 1E Subsection 539(2) (after table item 25) Insert: 25A 503(1) (a) a person affected by the contravention; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) for a contravention by a removed person—600 penalty units; or otherwise—60 penalty units 25B 504 506 509 521C(3) 521D(3) (a) a person affected by the contravention; (b) an inspector (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2) 60 penalty units 1F After paragraph 675(2)(a) Insert: (aaa) an order under subsection 177A(7) (certificate to be a bargaining representative); (2) Schedule 1, item 1, page 3 (after line 12), at the end of the item, add: removed person has the meaning given by section 323MA. (3) Schedule 1, item 3, page 3 (line 26), omit "subsection 323L(3) or 323P(2)", substitute "a civil penalty provision in Part 2A of Chapter 11". (4) Schedule 1, item 5, page 4 (after line 16), after the heading to Part 2A, insert: Division 1 — Scheme for administration (5) Schedule 1, item 5, page 6 (lines 9 to 11), omit the note, substitute: Note: The scheme and things done under it have effect despite anything in this Act, Part 2-4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F). (6) Schedule 1, item 5, page 7 (line 13), omit "and CFMEU etc. rules", substitute "etc.". (7) Schedule 1, item 5, page 7 (line 14), after "anything in this Act", insert ", Part 2-4 of the Fair Work Act". (8) Schedule 1, item 5, page 12 (after line 8), after section 323M, insert: Division 2 — Persons removed from office etc. as a result of scheme for administration 323MA Application of this Division (1) A person is a removed person at a time if: (a) any of the following events has happened as a result of a scheme determined under subsection 323B(1): (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person's role as an officer otherwise comes to an end; (ii) the person's employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended; (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person's role as a workplace delegate otherwise comes to an end; and (b) if the event involves suspension—the suspension has not ended; and (c) the time is before the fifth anniversary of the day the Construction and General Division and its branches are placed under administration by force of subsection 323A(1). (2) A person is also a removed person at a time if: (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person's own choice: (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or (iii) ceases to be a workplace delegate for members of the Construction and General Division or any of its branches; and (b) the administrator is of the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable); and (c) the time is before the fifth anniversary of the day the Construction and General Division and its branches are placed under administration by force of subsection 323A(1). (3) This Division does not limit the operation of Part 4 of Chapter 7 (disqualification from office). 323MB Removed person must not become an officer or employee etc. in organisation without a certificate Standing for election or being appointed as officer in an organisation (1) A removed person must not: (a) become a candidate for election to an office in an organisation or a branch of an organisation; or (b) be appointed to an office in an organisation or a branch of an organisation. Civil penalty: 600 penalty units. (2) Subsection (1) does not apply if the removed person holds a certificate granted under section 323MC. Being employed or engaged by organisation (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation. Civil penalty: 600 penalty units. (4) Subsection (3) does not apply if the removed person holds a certificate granted under section 323MD. Evidential burden (5) A removed person bears an evidential burden in relation to the matters in subsections (2) and (4). 323MC Certificate to hold office (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to hold office. (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation. (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters: (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii); (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving: (i) fraud or dishonesty; or (ii) intentional use of violence against another person; or (iii) intentional damage or destruction of property; (c) the general character of the removed person; (d) the fitness of the removed person to be involved in the management of organisations. (4) The FWC may also have regard to any other matters the FWC considers relevant. (5) The FWC must not grant the certificate: (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1). 323MD Certificate to be employed or engaged by an organisation (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation. (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation. (3) The FWC must not grant the certificate: (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1). 323ME Division not to affect spent convictions scheme Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions). Division 3 — Other matters relating to the administration (9) Schedule 1, item 5, page 13 (line 23), omit "the civil penalty provision in subsection 323L(3) or 323P(2)", substitute "a civil penalty provision in this Part". (10) Schedule 1, item 5, page 14 (line 12), at the end of section 323R, add, other than a decision made under section 323MC or 323MD".