Footnotes

CHAPTER 1 - Background

[1]        Journals of the Senate, 14 November 2013, p. 123.

[2]        Education and Employment Legislation Committee Report, Fair Work (Registered Organisations) Amendment Bill 2013, December 2013,  p. 1.

[3]        Votes and Proceedings, 14 November 2013, p. 80.

[4]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, p. i.

[5]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at paragraph nos 4 and 131

[6]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at paragraph no. 5.

[7]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at paragraph no. 90.

[8]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at paragraph no. 132.

[9]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at paragraph no. 133.

[10]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Human Rights implications

[11]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Human Rights implications

[12]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Human Rights implications

[13]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Human Rights implications

[14]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Human Rights implications

[15]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at the Right to Freedom of Association

[16]      Report of the Delegate to the Acting General Manager of Fair Work Australia Investigation into the Victoria No. 1 Branch of the Health Services Union under section 331 of the Fair Work (Registered Organisations) Act 2009, as cited in Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Legitimate objective

[17]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Legitimate objective

[18]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Article 14(2) ICCPR

[19]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Article 14(2) ICCPR

[20]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Article 14(2) ICCPR

[21]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Investigation and information gathering powers

[22]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights, at Conclusion

[23]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, p.10.

[24]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, p. 21.

[25]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, p. 21.

[26]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, p. 21.

[27]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2013, p. 60.

[28]      Journals of the Senate, 10 December 2013, p. 314.

[29]      Parliamentary Joint Committee on Human Rights, First report of the 44^th Parliament, p. 24.

[30]      Parliamentary Joint Committee on Human Rights, First report of the 44^th Parliament, p. 24.

[31]      Parliamentary Joint Committee on Human Rights, First report of the 44^th Parliament, p. 25.

[32]      Parliamentary Joint Committee on Human Rights, First report of the 44^th Parliament, p. 26.

[33]      Parliamentary Joint Committee on Human Rights, First report of the 44^th Parliament, p. 27.

[34]      Parliamentary Joint Committee on Human Rights, First report of the 44^th Parliament, p. 28.

[35]      House of Representatives, Votes and Proceedings, 3 December 2013, p. 156.

[36]      House of Representatives, Votes and Proceedings, 12 December 2013, p. 234.

[37]      House of Representatives, Votes and Proceedings, 12 December 2013, p. 234.

[38]      House of Representatives Hansard, 12 December 2013, p. 2505.

CHAPTER 2

[1]        Minister for Employment, Submission 1, p. 1.

[2]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], p. vii.

[3]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], p. vii.

[4]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], p. vii.

[5]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], p. vii.

[6]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], p. vii.

[7]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], p. vii.

[8]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], p. vii.

[9]        Department of Employment, Submission 1, p. 4.

[10]      Master Builders Australia, Submission 2, p. 1.

[11]      Master Builders Australia, Submission 2, Attachment, p. 1.

[12]      Master Builders Australia, Submission 2, Attachment, p. 1.

[13]      National Electrical and Communications Association, Submission 10, p. 6.

[14]      National Electrical and Communications Association, Submission 10, p. 7.

[15]      Mr Stephen Smith, Director, Ai Group, Proof Committee Hansard, p. 10.

[16]      Mr Stephen Smith, Director, Ai Group, Proof Committee Hansard, p. 12.

[17]      Master Plumbers and Mechanical Contractors Association of New South Wales, Submission 7, p.2.

[18]      Maritime Union of Australia, Submission 4, p. 2.

[19]      Maritime Union of Australia, Submission 4, p. 2.

[20]      Maritime Union of Australia, Submission 4, p. 2.

[21]      National Electrical and Communications Association, Submission 10, p. 6.

[22]      Motor Trade Association of South Australia, Submission 8, p. 3; National Electrical and Communications Association, Submission 10, p. 10.

[23]      National Electrical and Communications Association, Submission 10, p. 3.

[24]      National Electrical and Communications Association, Submission 10, p. 3.

[25]      South Australian Wine Industry Association, Submission 13, p. 1.

[26]      South Australian Wine Industry Association, Submission 13, p. 2.

[27]      South Australian Wine Industry Association, Submission 13, p. 2.

[28]      Australian Council of Trade Unions, Submission 16, p. 42.

CHAPTER 3 - Compliance burden and alignment of registered organisations as corporations

[1]        Department of Employment, Submission 1, p. 4.

[2]        Department of Employment, Submission 1, p. 4.

[3]        Department of Employment, Submission 1, p. 4.

[4]        Department of Employment, Submission 1, p. 4.

[5]        New South Wales Government, Submission 21, p, 2.

[6]        Queensland Government, Submission 17, p. 3.

[7]        Australian Council of Trade Unions, Submission 16, p. 6.

[8]        Industrial Staff Union, Submission 19, p. 1.

[9]        Victorian Automobile Chamber of Commerce, Submission 12, p. 3.

[10]      Mr Aaron Neal, Senior Legal Officer, Maritime Union of Australia, Proof Committee Hansard, p. 7.

[11]      Mr Aaron Neal, Senior Legal Officer, Maritime Union of Australia, Proof Committee Hansard, p. 2.

[12]      Maritime Union of Australia, Submission 4, p. 5.

[13]      Australian Nursing and Midwifery Federation, Submission 14, p. 2.

[14]      Australian Nursing and Midwifery Federation, Submission 14, p. 2.

[15]      The Australian Air Traffic Control Association, Submission 11, p. 2.

[16]      Fair Work (Registered Organisations) Bill 2013, clause 239A.

[17]      Ai Group, Submission 5, p. 18.

[18]      Australian Privacy Foundation, Submission 18, p. 1.

[19]      Australian Privacy Foundation, Submission 18, p. 1.

[20]      Victorian Automobile Chamber of Commerce, Submission 12, p. 5.

[21]      Australian Council of Trade Unions, Submission 16, p. 37.

[22]      Australian Nurses and Midwifery Federation, Submission 14, p. 6.

[23]      Industrial Services Union, Submission 19, p. 1.

[24]      Industrial Services Union, Submission 19, p. 2.

[25]      Australian Nursing and Midwifery Federation, Submission 14, p. 4.

[26]      Mr Stephen Smith, Director, Ai Group, Proof Committee Hansard, p. 10.

[27]      Victorian Automobile Chamber of Commerce, Submission 12, p. 3.

[28]      Victorian Automobile Chamber of Commerce, Submission 12, p. 4.

[29]      Motor Trade Association of South Australia, Submission 8, p. 9.

[30]      Motor Trade Association of South Australia, Submission 8, p. 9.

[31]      Australian Council of Trade Unions, Submission 16, pp 42-43.

[32]      Department of Employment, Submission 1, p. 4.

[33]      Australian Council of Trade Unions, Submission 16, p. 12.

[34]      Australian Council of Trade Unions, Submission 16, p. 29.

[35]      Australian Council of Trade Unions, Submission 16, p. 29.

[36]      MTA, Submission 8, p. 5.

[37]      SAWIA, Submission 13, p. 2.

[38]      Queensland Nurses Union, Submission 3, p. 4.

[39]      Ai Group, Submission 5, p. 18.

[40]      Ai Group, Submission 5, p.16.

[41]      Ai Group, Submission 5, p. 16.

[42]      Ai Group, Submission 5, p. 18.

[43]      Corporations Act 2001 (Cth), s.191, as cited in ACTU, Submission 16, p. 29.

[44]      Australian Council of Trade Unions, Submission 16, p. 29.

[45]      Ai Group, Submission 5, p. 7.

[46]      Australian Council of Trade Unions, Submission 16, p. 29.

[47]      Ai Group, Submission 5, p. 18.

[48]      Ai Group, Submission 5, p. 18.

[49]      Ai Group, Submission 5, p. 18.

[50]      Ai Group, Submission 5, p. 18.

[51]      Victorian Automobile Chamber of Commerce, Submission 12, p. 6.

[52]      Australian Privacy Foundation, Submission 18, p. 2.

[53]      Australian Council of Trade Unions, Submission 16, p. 35.

[54]      Australian Council of Trade Unions, Submission 16, p. 37.

[55]      Australian Industry Group, Submission 7, p. 3.

[56]      Ai Group, Submission 5, pp 4–5.

[57]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, at Statement of Compatibility with Human Rights.

[58]      Australian Council of Trade Unions, Submission 16, p. 37.

[59]      Australian Council of Trade Unions, Submission 16, p. 37.

[60]      The Australian Air Traffic Control Association, Submission 11, p. 2.

[61]      Mr Aaron Neal, Senior Legal Officer, Maritime Union of Australia, Proof Committee Hansard, p. 6.

[62]      Australian Council of Trade Unions, Submission 16, p. 38.

[63]      Ai Group, Submission 5, p. 18.

CHAPTER 4 - Penalties and Offences

[1]        Department of Employment, Submission 1, p. 10.

[2]        Department of Employment, Submission 1, p. 11.

[3]        Department of Employment, Submission 1, p. 11.

[4]        Department of Employment, Submission 1, p. 11.

[5]        Minister for Employment, Submission 1, p. 1.

[6]        Minister for Employment, Submission 1, p. 2.

[7]        Explanatory Memorandum, Statement of Compatibility with Human Rights, at increasing civil penalties – human rights implications.

[8]        Explanatory Memorandum, Statement of Compatibility with Human Rights, at increasing civil penalties – human rights implications.

[9]        Explanatory Memorandum, Statement of Compatibility with Human Rights, at increasing civil penalties – human rights implications

[10]      Minister for Employment, Submission 1, pp 4-5.

[11]      Master Builders Australia, Submission 2, p. 2.

[12]      Master Builders Australia, Submission 2, p. 2.

[13]      Ai Group, Submission 5, p. 2.

[14]      Ai Group, Submission 5, p. 18.

[15]      Maritime Union of Australia, Submission 4, p. 10.

[16]      Motor Trade Association of South Australia, Submission 8, pp 4-5.

[17]      South Australian Wine Industry Association, Submission 13, p. 2.

[18]      National Electrical and Communications Association, Submission 10, p. 3.

[19]      Australian Nursing and Midwifery Federation, Submission 14, p. 6.

[20]      Department of Employment, Submission 1, pp 11 – 12.

[21]      Department of Employment, Submission 1, p. 11.

[22]      Explanatory Memorandum, Statement of Compatibility with Human Rights, at increasing civil penalties – human rights implications.

[23]      Explanatory Memorandum, Statement of Compatibility with Human Rights, at increasing civil penalties – human rights implications.

[24]      Minister for Employment, Submission 1, p. 2.

[25]      Maritime Union of Australia, Submission 4, p. 10.

[26]      Mr Stephen Smith, Director, Ai Group, Proof Committee Hansard, p. 3.

[27]      Australian Council of Trade Unions, Submission 16, p. 33.

[28]      Australian Council of Trade Unions, Submission 16, p. 33.

[29]      Australian Council of Trade Unions, Submission 16, p. 33.

[30]      Australian Council of Trade Unions, Submission 16, p. 33.

[31]      Australian Council of Trade Unions, Submission 16, p. 34.

[32]      Department of Employment, Submission, p. 12.

[33]      Department of Employment, Submission, p. 12.

[34]      Department of Employment, Submission, p. 12.

[35]      Department of Employment, Submission, p. 12.

[36]      Department of Employment, Submission, pp 11-12.

[37]      Ai Group, Submission 5, p. 16.

[38]      Ai Group, Submission 5, p. 16.

[39]      Maritime Union of Australia, Submission 4, p. 12.

[40]      Maritime Union of Australia, Submission 4, p. 12.

CHAPTER 5 - The Registered Organisations Commissioner

[1]        Department of Employment, Submission 1, p. 6.

[2]        Department of Employment, Submission 1, p. 6.

[3]        Department of Employment, Submission 1, p. 5.

[4]        Department of Employment, Submission 1, p. 6.

[5]        Department of Employment, Submission 1, p. 6.

[6]        Australian Council of Trade Unions, Submission 16, p. 4.

[7]        Australian Council of Trade Unions, Submission 16, p. 31.

[8]        Australian Nursing and Midwifery Federation, Submission 14, p. 3.

[9]        Department of Employment, Submission 1, p. 7.

[10]      Department of Employment, Submission 1, p. 7.

[11]      Department of Employment, Submission 1, pp 6-7.

[12]      Department of Employment, Submission 1, p. 7.

[13]      Queensland Nurses Union, Submission 3, p. 3.

[14]      Maritime Union of Australia, Submission 4, p. 12.

[15]      Pirate Party of Australia, Submission 15, p. 3.

[16]      Pirate Party of Australia, Submission 15, p. 4.

[17]      Australian Nursing and Midwifery Federation, Submission 14, p. 5.

[18]      Australian Nursing and Midwifery Foundation, Submission 14, p. 5.

[19]      Australian Nursing and Midwifery Foundation, Submission 14, p. 5.

[20]      Australian Nursing and Midwifery Foundation, Submission 14, p. 5.

[21]      Australian Council of Trade Unions, Submission 16, p. 31.

[22]      Australian Council of Trade Unions, Submission 16, p. 31.

[23]      Australian Council of Trade Unions, Submission 16, pp 31-32.

[24]      Australian Council of Trade Unions, Submission 16, pp 31-32.

[25]      Department of Employment, Submission 1, p.5.

[26]      Australian Council of Trade Unions, Submission 16, p. 39.

[27]      Department of Employment, Submission 1, p. 5.

[28]      Department of Employment, Submission 1, p. 5.

[29]      Department of Employment, Submission 1, p. 6.

[30]      Australian Council of Trade Unions, Submission 16, p. 39.

[31]      Australian Council of Trade Unions, Submission 16, pp 38-39.

[32]      Australian Council of Trade Unions, Submission 16, pp 38-39.

[33]      Maritime Union of Australia, Submission 4, p. 4.

[34]      Maritime Union of Australia, Submission 4, p. 4.

[35]      Australian Nursing and Midwifery Federation, Submission 14, p. 3.

[36]      Department of Employment, Submission 1, p. 6.

[37]      Department of Employment, Submission 1, p. 6.

[38]      Department of Employment, Submission 1, p. 7.

[39]      Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2013, p. 31.

[40]      Maritime Union of Australia, Submission 4, p. 12.

[41]      Maritime Union of Australia, Submission 4, p. 12.

[42]      Maritime Union of Australia, Submission 4, p. 12.

[43]      Mr Aaron Neal, Senior Legal Officer, Maritime Union of Australia, Proof Committee Hansard, p. 5.

[44]      Pirate Party of Australia, Submission 15, pp 3-4.

[45]      Australian Nursing and Midwifery Federation, Submission 15, p. 2.