LABOR SENATORS’ DISSENTING REPORT
Key Issues
1.1
As the current bill is identical to the Fair Work (Registered
Organisations) Amendment Bill 2013 (the previous bill), and the amendments
identical to those negatived by the Senate in May 2014, Labor Senators again
argue that the Fair Work (Registered Organisations) Amendment Bill 2014 should
not be passed.
1.2
The Explanatory Memorandum to the current Bill does not materially
differ from the Explanatory Memorandum to the previous Bill, and does not
contain any of the additional information provided by the Minister in relation
to the matters raised by the Labor Senators of the committee.
1.3
Like the Senate Standing Committee on Education and Employment, the
Senate Standing Committee for the Scrutiny of Bills (the Scrutiny of Bills
committee) reported twice on the previous Bill in 2013 and 2014. The Committee
raised a number of concerns, particularly with regard to whether the increase
proposed by item 228 (proposed subsection 337(1)) for the offence of failing to
comply with a notice to attend or produce to 100 penalty units or imprisonment
for two years (or both) is higher than other similar offences, and the
justification for the proposed approach.[1]
The Committee noted that the provisions mentioned above may be considered to
trespass unduly on personal rights and liberties.[2]
Labor Senators support this view and note that changes have not been made to
address these concerns.
1.4
The Labor Senators of the committee remind the Government that unlike
corporations, many rank and file members of trade unions are elected as
delegates to governing bodies. These members are not full-time salaried
leadership of unions, but everyday members who undertake other roles in the
community and the industry, and volunteer their time to their union. The bill
would result in many dedicated and ethical people refusing to participate in
registered organisations due to the onerous unbalanced obligations on them as
individuals.
Evaluation of the current bill by other committees
1.5
The Scrutiny of Bills committee reported on the bill in its Fifth Report
of 2015, drawing attention to a number of issues it believed were
insufficiently dealt with in the explanatory memorandum.[3]
In particular, the Scrutiny of Bills committee noted its 'disappointment' with the
minister's failure to address these issues for a third time.[4]
1.6
The Parliamentary Joint Committee on Human Rights (the Human Rights
committee) also reviewed the bill in its Twenty-second report of the 44th
Parliament.[5]
The Human Rights committee highlighted the proposed new offence of concealing
documents relevant to an investigation as being potentially incompatible with
the right to a fair trial and fair hearing. The relevant defence imposes a
reverse legal burden of proof on the defendant,[6]
engaging with – and possibly limiting – the defendant's right to the
presumption of innocence.[7]
Labor Senators' summary view
1.7
As the bill stands unchanged, the view of the Labor Senators of the
Committee remains unchanged. We argue that there is no merit in the Fair Work
(Registered Organisations) Amendment Bill 2014 and oppose it in its entirety
without amendment.
1.8
We retain the opinion that this legislation seeks to diminish
rank and file participation within the unions, and discourage union activity,
which is a solely political act in opposition to the rights of working
Australians.
Recommendation 1
1.9 The Labor Senators recommend that the Senate reject the bill.
Senator Sue
Lines
Deputy Chair
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