Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026

Sue Lines

I will now deal with the amendments circulated by Senator David Pocock. The question is that amendments on sheet 3905 be agreed to.

Senator David Pocock's circulated amendments—

(1) Clause 2, page 2 (table item 4), omit the table item, substitute:

(2) Clause 2, page 2 (after line 9), at the end of the clause, add:

(3) For the purposes of item 4A of the table in subsection (1), a relevant inquiry report means an inquiry report prepared under section 164 of the National Anti-Corruption Commission Act 2022 following a public inquiry conducted under section 161 of that Act into:

(a) corruption risks and vulnerabilities in Commonwealth agencies arising from the design, implementation, administration or enforcement of preferences in Commonwealth procurement, grants or contractual arrangements, including preferences that are required or authorised in Commonwealth-linked supply chains, based on whether employees of an employer are covered, or are proposed to be covered, by:

(i) an enterprise agreement; or

(ii) a kind of enterprise agreement; or

(iii) an enterprise agreement that covers an employee organisation; and

(b) measures to prevent corruption in Commonwealth agencies in connection with those preferences, including safeguards relating to the following:

(i) probity and conflicts of interest;

(ii) transparency and record-keeping;

(iii) supplier selection and tender evaluation;

(iv) grants administration;

(v) subcontractor and supply-chain requirements that are imposed, required or authorised through Commonwealth procurement, grants or contractual arrangements;

(vi) the use of procurement-connected policies, grants-connected policies, codes, guidelines or model contract terms, including any policy or code known as the Secure Australian Jobs Code;

(vii) any legislative instrument that could be made under subsection 354(2C) or section 378A of the Fair Work Act 2009 if Part 9 of Schedule 1 to this Act commences;

(viii) any contractual arrangement, or Commonwealth contractual arrangement chain, to which Part 9 of Schedule 1 to this Act would apply, to the extent relevant to corruption risks, vulnerabilities or prevention measures in Commonwealth agencies.

(4) In subsection (3) and item 4A of the table in subsection (1):

Commonwealth agency has the same meaning as in the National Anti-Corruption Commission Act 2022.

Commonwealth contractual arrangement chain has the meaning it would have in section 354 of the Fair Work Act 2009 if Part 9 of Schedule 1 to this Act had commenced.

employee organisation has the same meaning as in the Fair Work Act 2009.

enterprise agreement has the same meaning as in the Fair Work Act 2009.

responsible Minister means the Minister responsible for the administration of the Fair Work Act 2009.