Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023

The majority voted against amendments introduced by the Jacqui Lambie Network, which means they failed.

Amendment text

(1) Schedule 1, item 212, page 59 (before line 4), before the definition of old Act in subitem (1), insert:

CFMEU means the Construction, Forestry and Maritime Employees Union.

Manufacturing Division means the Manufacturing Division as defined in the rules of the CFMEU at the commencement of this item.

new organisation means the organisation that is registered pursuant to section 110 of the old Act as a result of the withdrawal of the Manufacturing Division from the CFMEU.

(2) Schedule 1, item 212, page 59 (after line 5), after the definition of old Act in subitem (1), insert:

old Regulations means the Fair Work (Registered Organisations) Regulations 2009, as in force immediately before the commencement of this item.

(3) Schedule 1, item 212, page 60 (after line 8), at the end of the item, add:

Applications for withdrawal from the CFMEU

(5) Notwithstanding any other provision of the Fair Work (Registered Organisations) Act 2009, an application may be made to the FWC for a secret ballot to be held, to decide whether the Manufacturing Division should withdraw from the CFMEU.

(6) The following apply in respect of an application made under subitem (5):

(a) Part 3 of Chapter 3 of the old Act and the old Regulations continue to apply in relation to the application and anything done in relation to the application (whether before or after the commencement of this item);

(b) the application must be made before 1 September 2024;

(c) the application is treated for all purposes as an application made pursuant to section 94 of the old Act.

(7) The following provisions of the old Act do not apply in respect of an application made under subitem (5):

(a) paragraphs 94(1)(a) to (c);

(b) subsection 94(2);

(c) section 94A.

(8) Notwithstanding section 95A of the old Act:

(a) the eligibility rules of the new organisation must reflect rules 2(C), 2(F), 2(O)(i)(SECTION A)(e), 2(P)(D), 2(P)(G) and 2(R) of the rules of the CFMEU as at 2 December 2023; and

(b) the eligibility rules of the CFMEU must not overlap with the eligibility rules of the new organisation.

(9) Notwithstanding any other provision of the Fair Work (Registered Organisations) Act 2009, the FWC must not, after the withdrawal from amalgamation takes effect and before 1 January 2034, consent to an alteration of the eligibility rules of the CFMEU if the FWC is satisfied that:

(a) the alteration to the eligibility rules would result in an overlap between the eligibility rules of the CFMEU and the new organisation; and

(b) the new organisation has raised an objection to the alteration with the FWC.

(10) Notwithstanding the old Act and the old Regulations, if the application seeks, pursuant to subsection 100(3) of the old Act, that the FWC make orders that the vote of the constituent members be done in whole or in part by attendance ballot, the FWC must make the orders.

(11) A reference to amalgamated organisation in the old Act and the old Regulations means the CFMEU.