Viw Magazine

Men's Weekly

.

  • Written by Michelle Grattan, Professorial Fellow, University of Canberra
The bill, which is set to pass the Senate, deals with officials and unions that consistently break existing laws. AAP/Joe Castro

The government appears set to secure Senate support this week for tough legislation to crack down on bad behaviour in the union movement, after the near finalisation of an agreement with Centre Alliance for several significant changes.

The bill deals with officials and unions that consistently break existing laws – the federal court could disqualify the person from holding office or deregister the union or a branch of it.

The legislation – which has its origin in the royal commission into trade union behaviour - also proposes a public interest test for amalgamations of unions.

Centre Alliance has sought changes to raise the threshold for disqualifications and deregistrations. These include

  • inserting a system of demerit points as a threshold for applications, so unions or officials would not be acted against for minor infringements. An official or union would have to reach a minimum penalty threshold over the preceding decade

For an individual, that would be 180 penalty points over 10 years for a breach of various laws or contempt of court in relation to these laws. A union would have to reach 900 penalty points over 10 years before it could be considered.

  • the power to apply to the federal court for deregistration or disqualification to rest only with the Registered Organisations Commissioner, not with the minister or interested parties

This would make the process more independent. It would bring the change into line with the Corporations Act, where only the Australian Securities and Investments Commission can move for disqualification of directors.

  • ensuring that the federal court could only deregister a union or disqualify an official for grave misconduct. The court would also consider whether a public interest element provided exonerating circumstances.

In another change proposed by Centre Alliance, the public interest test for unions mergers would only be triggered where one or both organisations had a history of misconduct. The threshold would be that a union had a substantial number of compliance events over 10 years.

The government will need three votes out of those held by Centre Alliance (with two senators), One Nation (also two) and Jacqui Lambie.

Centre Alliance’s Rex Patrick said on Sunday the party was “close” to final agreement with the government. It had been working constructively with industrial relations minister Christian Porter who had been “obliging”.

The bill in its original form was a “sledge hammer to crack a nut when what was needed was a nut cracker,” Patrick said.

Lambie has previously said she will vote for the bill unless militant construction union official John Setka resigns his union positions, which he has refused to do.

Porter said “the drafting of amendments to reach a working compromise is advanced”.

“Despite Labor and the ACTU’s increasingly hysterical and farcical claims about this bill, it does not stop anyone from joining a union, nor does the bill have any impact whatsoever on a union’s ability to exercise its rights to represent its members, including in relation to underpayment of wages and health and safety concerns.

"Labor or CFMMEU assertions to the contrary are completely and utterly false,” Porter said.

Although the legislation is aimed at unions, the government points out it also covers employer organisations.

Opposition leader Anthony Albanese told the ABC the legislation was “just about attacking unions” and “can’t be fixed”.

“This is an attack on the organisations that go into workplaces that deal with issues like wage theft, that ensure that there’s proper occupational health and safety … They ensure that you don’t have worker exploitation, including foreign workers on work sites. Unions play a critical role in civil society”.

He said the legislation was “an attack on the fundamental right of people to belong to unions.”

“This government hasn’t changed its spots from WorkChoices. They essentially don’t believe in unions’ right to exist, and that’s what the legislation is about. It’s bad legislation. It is unsupportable in my view and we won’t be voting for it,” Albanese said.

Mandatory minimum sentences also a headache for Labor

Labor faces a wedge on another piece of legislation – a bill to impose mandatory minimum sentences for child sex crimes under Commonwealth law. The ALP opposes the mandatory sentencing aspects.

Porter, who is also attorney general, said about 39% of all child sex offenders convicted of Commonwealth offences didn’t spend any time in prison.

“The Morrison government believes that is simply not good enough, which is why we have proposed mandatory minimum jail terms to ensure the punishment fits the crime.”

Molan to fill Senate vacancy

Former Liberal senator Jim Molan, who lost his seat at the election, was chosen on Sunday to fill the casual Senate vacancy created by the departure of Arthur Sinodinos, who is to become ambassador to the United States. Molan defeated several candidates, despite criticism of him from some Liberals for running a campaign at the election urging people to vote for him “below the line” rather than casting an above the line vote for the official Liberal ticket.

Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more http://theconversation.com/government-set-to-win-its-new-powers-against-unions-126736

Sleep Apnea Mask Options for Comfortable and Effective Nightly Therapy

Finding the right sleep apnea mask is one of the most important steps in achieving consistent and effective sleep apnea treatment. While C...

Why Knowing How to Find Doctors in Bundoora Supports Better Healthcare Decisions

Access to reliable medical care is essential for maintaining long-term health and wellbeing. Being able to find Doctors in Bundoora gives...

How Lifestyle Awnings Create Stylish and Functional Outdoor Living Spaces

Outdoor spaces have become an essential part of modern living, offering areas to relax, entertain, and connect with the outdoors. Choosing...

How to Use Your NDIS Plan More Effectively With Support Coordination

Having an NDIS plan opens the door to a wide range of supports, but making the most of that plan can feel overwhelming. Funding categories, ...

How Businesses Plan Storage Before They Run Out of Space

Running out of storage space rarely happens overnight. In most cases, it’s the result of gradual growth, shifting inventory patterns, or c...

What a 1% Interest Rate Change Really Does to Your Repayments

Interest rate changes are often reported as small numbers — a quarter of a percent here, half a percent there. On paper, a 1% shift can so...

Why Ceiling Fans Continue to Be a Smart Choice for Energy-Efficient Home Comfort

Maintaining comfortable indoor temperatures without excessive energy use is a priority for many households. Installing ceiling fans offer...

Three Mini Breaks From Melbourne That AREN'T The Great Ocean Road!

The Great Ocean Road is an internationally famous destination, and with its 243 km of stunning coastline vistas, it’s not hard to understa...

Why Dental Implant Treatment Is Considered the Gold Standard for Tooth Replacement

Tooth loss can affect far more than appearance. It can impact chewing ability, speech, confidence, and long-term oral health. Modern denta...

How to Prepare for Painting While Running a Business

Painting commercial premises whilst a business remains open will always involve some level of disruption. However, with careful planning a...

Why Professional Removalists Melbourne Services Make Every Move Easier and Safer

Relocating a home or business involves far more than transporting items from one location to another. Engaging professional removalists Me...

Catering Boxes for Food Businesses: Reliable Packaging for Transport, Storage, and Service

Choosing the right Catering boxes is a key decision for food businesses that handle prepared meals, events, and bulk orders. In catering...

Food Display Cabinet Solutions for Attractive and Safe Hot Food Presentation

Presenting food in a way that looks appealing while maintaining safe serving temperatures is essential for many hospitality and retail env...

Custom Builders in Melbourne Creating Bespoke Homes With Lasting Value

Choosing to build a home from scratch is a deeply personal decision, and working with experienced custom builders Melbourne allows homeow...

Sliding Screen Door Options That Enhance Comfort, Airflow, and Modern Living

A well-designed sliding screen door plays a quiet but powerful role in how homes and commercial spaces feel and function. It allows fresh ...

Buyers Agent in Melbourne Helping Secure Property With Confidence and Clarity

Navigating Melbourne’s competitive property market can be challenging, particularly for buyers trying to balance emotion, timing, and va...

Why Hiring A Shopify Web Developer Makes A Measurable Difference To Online Stores

Building a successful Shopify store requires more than selecting a theme and uploading products. A professional Shopify web developer bri...

No Credit Check Loans in Australia: What They Signal About Access to Credit

No credit check loans sit at the intersection of financial inclusion and risk management in Australia’s lending market. Often discussed ...

Domestic vs Commercial Builders in NSW: Licensing Differences Explained

When planning a construction project in New South Wales, choosing the right builder is crucial to ensure quality, compliance, and a smooth p...

Hybrid vs. Standard Caravans: Which is Better for a Family of Four?

Families exploring caravans for sale often compare hybrid and standard models to find the best balance of comfort, practicality and off ro...