Senate Education and Employment Legislation Committee, , 4:10:32 to 4:13:16
Examination of the use of undefined terms such as "co-worker" and "unwritten arrangements" as the basis for significant civil penalties in the draft legislation.
Topics: Workplace relations, Law reform
Speakers: Senator Jane Hume, Speaker 26, Speaker 25
Uh the explanatory memorandum says at paragraph two point eight seven that co-worker is defined in neither the the bill nor in the Fair Work Act, and yet there is a civil penalty prohibition that turns on that definition. I'm interested to know why an undefined term is used as the basis for penalties of up to well over a million dollars. And will that term be defined before introduction if penalties are going to apply? Stringent penalties will apply.
A lot of the terms in the draft legislation haven't been defined so that they can have their ordinary meaning. So my expectation is that it would be the reason why it's undefined.
Okay. So yes. Okay, and section twenty-three D captures some workplace policies and the quote here is any other agreement or arrangement whether written or unwritten. So how's a small business or or a date of court meant to establish the existence and content of an unwritten arrangement for the purposes of a civil penalty?
I can probably provide some assistance with that one as well, Senator. So the reason why that is undefined and the purpose behind that provision is to capture the kinds of unspoken policy or spoken but kind of I guess unwritten policies that a workplace might have.
Further terms evidence. Um, this feedback has come through fairly clearly through the consultation process. We are taking that feedback on board as we further refine the reforms, um, and these are some of the issues that are being considered at the moment. So while that is the current drafting of the legislation, it is a matter that has been raised with us, and the department is aware that it might be mighty to look into that further.
Okay, terrific.