Labor Senators are extremely concerned about the implications of this bill.
It is internationally recognised that free and independent unions are an essential part of a healthy democracy, and that governments and employers should not interfere in the internal operations of unions. This bill proposed by the government is politically driven and designed to interfere with and disrupt the democratic functioning of unions.
It is Labor Senators' firm view that union members should decide who their leaders are and what their unions looks like, not non-members and certainly not the government of the day or employers. This is a fundamental part of the democratic functioning of a union without which unions cannot represent their members.
Furthermore, the bill erroneously assumes that unions are like corporations in nature, structure and purpose. This is far from the case, yet despite this fallacious assumption, the bill would impose a higher and harsher standard on unions than that which exists for corporations. As it is, unions are already more highly regulated than corporations or charities. Increasing this regulation even further would only serve to allow the government of the day, employers, business lobbyists or anyone with a "sufficient interest" the power to commence onerous, costly and unreasonable legal proceedings against unions and union leaders. Labor Senators reject this politically-driven attack on the democratic functioning of unions.
Labor Senators note and agree with submitters' concerns about insufficient consultation prior to this bill being introduced into Parliament on 16 August 2017. The government's own majority report shows that what little consultation was undertaken, took place two days before the bill's introduction of the bill—on 14 August 2107. It is impossible that this would have given stakeholders sufficient time to consider or influence the drafting of the bill. This fact alone betrays that the government's motives are purely political in nature, as well a lack of basic courtesy and respect towards stakeholders. Furthermore, avoiding consultation results in poorly drafted legislation. A number of the issues raised in the hearing could have been discussed and addressed had the government seen fit to consult stakeholders in a meaningful way before trying to push this bill through Parliament.
In addition to these most serious issues, Labor Senators have reservations about several specific aspects of the drafting of the bill.
The grounds and standing to bring applications for disqualification orders under schedule 1 are far too wide.
The grounds for the cancellation of registration of registered organisations and alternative orders contained in schedule 2 are far too wide. Regarding alternative orders, these should be genuine alternatives; not able to be applied for in their own right.
The scheme for placing registered organisations into administration in schedule 3 should be a genuine remedial scheme; not punitive. The grounds for administration as drafted are far too wide.
Finally, the impediments imposed by the proposed introduction of a public interest test for the amalgamation of registered organisations (under schedule 4) are unacceptable in their entirety.