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One Nation senator shoots down Labor bid to amend 'anti-union' bills Senate to pass union regulator bill after Coalition whistleblower concession
(about 3 hours later)
The One Nation senator Rodney Culleton has criticised Labor’s proposed plan to give the corporate watchdog powers to investigate serious legal breaches by unions, describing it as a “toothless tiger”. The Senate has moved closer to passing the government’s registered organisations commission bill, after the Coalition won crucial support from the Nick Xenophon Team and senator Derryn Hinch by promising further whistleblower protections.
The registered organisations bill, which would increase penalties for misconduct in unions and increase reporting requirements, was debated in the Senate on Monday. Xenophon said on Monday night the reforms were “the most sweeping change to whistleblower laws that this country has ever seen”, and revealed the government had agreed to a process to extend them to the corporate and public sectors.
Although several crossbench senators are yet to reveal whether they will support the bill, Culleton’s comments suggest Labor’s amendments to give the Australian Securities and Investment Commission oversight of unions, instead of a new registered organisations commission, may be unsuccessful. The government leader in the Senate, George Brandis, moved a motion that the upper house sit until it voted on the registered organisations bill, which would increase penalties for misconduct in unions and increase reporting requirements.
Labor’s other amendments would exempt volunteers from increased penalties, provide greater protections for whistleblowers and provide more accountability for auditors. The motion passed by 34 votes to 31, as One Nation, NXT and Hinch combined to help the government bring the debate to a head.
In response to the bill’s provision for a disclosure threshold of $1,000 for union elections, Labor has countered that donations to political parties should have the same threshold, down from $13,200. The opposition will attempt that amendment in a motion on Tuesday. Although the amendments to the bill only apply to unions and employer associations, Xenophon revealed the government had agreed to an inquiry and would confirm it had the intention of “implementing the substance and detail” of the whistleblower protections in the corporate and public sectors.
Labor’s employment spokesman, Brendan O’Connor, told Guardian Australia that Asic would be a more impartial regulator than a registered organisations commission, which Labor fears would have an anti-union culture. The amendments also increase accountability for auditors of unions.
O’Connor told Sky News he met the employment minister on Sunday “but unfortunately there are some sticking points” on the amendments. Labor had proposed a slew of other amendments, including lowering the threshold for declaration of political donations, exempting volunteers from increased penalties and giving the Australian Securities and Investment Commission oversight of unions, instead of a new registered organisations commission.
Hinch told the Senate the opposition’s amendment appeared intended to “water [the bill] down as much as possible, so that it’s closer to a gelding than a stallion”. In particular, Asic already had too great a volume of disputes to deal with and a specialist regulator was needed, he said.
He said the whistleblower amendments provided for “anonymity, compensation and protection”, and would be extended to the corporate sector.
Hinch said he did not regard supporting the bill as an attack on unions, but said it would strengthen the union movement if people were confident that officials were “all working for members not to personally benefit”.
Brandis accused Labor of “shamelessly” stymying the registered organisations commission because every Labor senator “owes their place in this chamber to the patronage of a trade union movement that has decided to everything it can to prevent reform”.
Before the extended debate, Labor’s employment spokesman, Brendan O’Connor, told Guardian Australia that Asic would be a more impartial regulator than a registered organisations commission, which Labor fears would have an anti-union culture.
O’Connor told Sky News he met the employment minister on Sunday but she had not agreed to all of Labor’s amendments.
The Coalition was seeking to exempt only people who do not control unions’ financial affairs from new accountability measures, not all volunteers, he said.The Coalition was seeking to exempt only people who do not control unions’ financial affairs from new accountability measures, not all volunteers, he said.
Asked about reports that the employment minister, Michaelia Cash, was confident the bill would pass, O’Connor said he was “hopeful that we can convince a sufficient number of senators” to back Labor’s amendments. Labor’s effort to amend the bill appeared in danger when One Nation senator Rodney Culleton told Sky News on Monday that he was concerned about Labor proposing Asic as the regulator for unions, saying it was a “toothless tiger”.
“Certainly our arguments have appealed to a number of the crossbenchers and it’s not resolved yet.”
Culleton told Sky News he was concerned about Labor proposing Asic as the regulator for unions, saying it was a “toothless tiger”.
He said he would meet Bill Shorten on Tuesday but agreed it would be a “pretty short conversation” given his scepticism of Asic.
The second plank of the government’s industrial relations agenda, the Australian Building and Construction Commission bill, is also on the notice paper this week.The second plank of the government’s industrial relations agenda, the Australian Building and Construction Commission bill, is also on the notice paper this week.
Culleton said he had made up his mind on both bills “to a certain degree” but refused to say how he would vote and added “there’s still a bit more polishing [to be done]”.Culleton said he had made up his mind on both bills “to a certain degree” but refused to say how he would vote and added “there’s still a bit more polishing [to be done]”.
Culleton raised the issue of whether it was worth the budget impact of another commissioner, in reference to reinstituting the ABCC. Culleton has previously said the ABCC bill must enshrine union members’ rights, in contrast to the rest of One Nation who are in favour of the bill.Culleton raised the issue of whether it was worth the budget impact of another commissioner, in reference to reinstituting the ABCC. Culleton has previously said the ABCC bill must enshrine union members’ rights, in contrast to the rest of One Nation who are in favour of the bill.
Asked if he would vote with his colleagues, Culleton would say only: “We’ll be ready to go on the day.”Asked if he would vote with his colleagues, Culleton would say only: “We’ll be ready to go on the day.”
The Nick Xenophon Team will back the registered organisations bill if the whistleblower protections are added. The Liberal Democrat senator David Leyonhjelm supported all of Labor’s amendments but said he was “inclined to give [the registered organisations bill] a little more sympathy” than the ABCC bill, even if amendments are not made.
The Liberal Democrat senator David Leyonhjelm wants all five of Labor’s amendments agreed to but said he is “inclined to give it a little more sympathy” than the ABCC bill, even if amendments are not made.
Senator Derryn Hinch has still not declared his position on the bills.
The government’s paid parental leave bill is not listed for debate this week.The government’s paid parental leave bill is not listed for debate this week.
The bill would prevent parents with employer schemes from accessing both their employer and the government’s PPL scheme, or to limit government payments to a top-up of the employer’s scheme to the value of 18 weeks’ pay at the minimum wage.The bill would prevent parents with employer schemes from accessing both their employer and the government’s PPL scheme, or to limit government payments to a top-up of the employer’s scheme to the value of 18 weeks’ pay at the minimum wage.
After crossbench resistance to the changes, The Daily Telegraph reported on Sunday the government had proposed increasing paid parental leave for new mothers to 20 weeks, up from 18, an increase worth about $1,300.After crossbench resistance to the changes, The Daily Telegraph reported on Sunday the government had proposed increasing paid parental leave for new mothers to 20 weeks, up from 18, an increase worth about $1,300.
Responding to the report, the social services minister, Christian Porter, said the government was considering “one compromise model” that still “makes the system fairer by redistributing savings at the top end to make for more generous provisions for lower income families who may have less employer provided PPL”.Responding to the report, the social services minister, Christian Porter, said the government was considering “one compromise model” that still “makes the system fairer by redistributing savings at the top end to make for more generous provisions for lower income families who may have less employer provided PPL”.
“If that option were agreed too it would substantially reduce the savings from PPL but would still produce a much fairer system than we presently have.”“If that option were agreed too it would substantially reduce the savings from PPL but would still produce a much fairer system than we presently have.”