Footnotes

CHAPTER 1 - Introduction and background

[1]        Journals of the Senate, 2012, p. 2528.

[2]        The Hon. Mr Bill Shorten MP, Minister for Employment and Workplace Relations, Second Reading Speech, House of Representatives Hansard, 31 May 2012, p. 3.

[3]        The Hon. Mr Bill Shorten MP, 'Release of Fair Work Australia report into Health Services Union', Media Release, 7 May 2012. Available online: http://ministers.deewr.gov.au/shorten/release-fair-work-australia-report-health-services-union (accessed 20 June 2012).

[4]        The Hon. Bill Shorten MP, Minister for Employment and Workplace Relations, Financial Services and Superannuation, Media Release, ‘Communiqué from the National Workplace Relations Consultative Council’, 25 May 2012.

[5]        The Hon. Mr Bill Shorten MP, Minister for Employment and Workplace Relations, Second Reading Speech, House of Representatives Hansard, 31 May 2012, p. 4.

[6]        Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsection 5(5).

[7]        Fair Work (Registered Organisations) Amendment Bill 2012, Item 45.

[8]        Fair Work (Registered Organisations) Amendment Bill 2012, proposed section 9B.

[9]        Fair Work (Registered Organisations) Amendment Bill 2012, proposed section 9B(1)

[10]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsection 9B(2) and 9B(3).

[11]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsection 9B(4)

[12]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsections 9B(5) and 9B(6)

[13]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsections 9B(7)

[14]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed section 148F. The Minister would be required to give notice in the Gazette and any model rules issued would not have the status of legislative instruments.

[15]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsections 148A(1) and 148(2).

[16]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsections 148A(6) and 148A(7).

[17]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsection 148A(4), (8).

[18]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed section 148B.

[19]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed section 148C.

[20]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed new subparagraph 141(1)(ca).

[21]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed section 142A. The Minister must provide notice in the Gazette. Such notice is not a legislative instrument.

[22]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed section 154D.

[23]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsection 154C(1).

[24]      Explanatory Memorandum, Fair Work (Registered Organisations) Amendment Bill 2012, p. 8.

[25]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed new subsection 337AA.

[26]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed new subsection 337AA(5).

[27]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed new subsections 337AA(6) and 337AA(7).

[28]      Fair Work (Registered Organisations) Amendment Bill 2012, Item 28.

[29]      Fair Work (Registered Organisations) Amendment Bill 2012, Items 31–35.

[30]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsection 343A(3A). This would apply in relation to functions and powers under sections 330–333.

[31]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed amendments to subsections 306(1)(a) and 306(1)(b) and proposed subsection 306(1A).

[32]      Explanatory Memorandum, Fair Work (Registered Organisations) Amendment Bill 2012, p. 8.

[33]      Explanatory Memorandum, Fair Work (Registered Organisations) Amendment Bill 2012, p. 8.

[34]      Fair Work (Registered Organisations) Amendment Bill 2012, Item 38. See also, Explanatory Memorandum, pp 17–18.

[35]      Articles 17 and 22 of the International Covenant on Civil and Political Rights, Article 8 of the International Covenant on Economic, Social and Cultural Rights and the International Labour Organisations Convention 87.

[36]      Explanatory Memorandum, Fair Work (Registered Organisations) Amendment Bill 2012,        pp 3–6.

CHAPTER 2 - Issues

[1]        Australian Industry Group, Submission 2, p. 2.

[2]        Mr Daniel Mammone, Director, Workplace Policy and Legal Affairs, Australian Chamber of Commerce and Industry, Public Hearing, Canberra, 22 June 2012.

[3]        Australian Chamber of Commerce and Industry, Submission 6, p. 3.

[4]        Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions, Public Hearing, Canberra, 22 June 2012. See also, Submission 10.

[5]        Institute of Public Affairs, Submission 1, p. 1.

[6]        Australian Mines and Metals Association, Submission 9, p. 3.

[7]        Master Builders Australia, Submission 8, p. 3.

[8]        Master Plumbers' and Mechanical Services Association of Australia, Submission 5, pp 1–3.

[9]        Australian Industry Group, Submission 2, p. 3.

[10]      Mr Daniel Mammone, Director, Workplace Policy and Legal Affairs, Australian Chamber of Commerce and Industry, Public Hearing, Canberra, 22 June 2012.

[11]      Master Builders Australia, Submission 8, p. 5.

[12]      Master Builders Australia, Submission 8, pp 4– 5.

[13]      Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions, Public Hearing, Canberra, 22 June 2012.

[14]      Master Plumbers' and Mechanical Services Association of Australia, Submission 5, pp 1–2.

[15]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed subsections 148A(3) and 148B((3).

[16]      Corporations Act 2001, s. 191.

[17]      Australian Industry Group, Submission 2, p. 3.

[18]      Mr Stephen Smith, Director, National Industrial Relations, Australian Industry Group, Public Hearing, Canberra, 22 June 2012.

[19]      Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions, Public Hearing, Canberra, 22 June 2012.

[20]      Fair Work (Registered Organisations) Amendment Bill 2012, proposed sections 154C and 154D.

[21]      Master Builders Australia, Submission 8, p. 5. Explanatory Memorandum, Fair Work (Registered Organisations) Amendment Bill 2012, p. 8.

[22]      Australian Industry Group, Submission 2, p. 10.

[23]      Mr Stephen Smith, Director, National Industrial Relations, Australian Industry Group, Public Hearing, Canberra, 22 June 2012.

[24]      Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions, Public Hearing, Canberra, 22 June 2012.

[25]      Australian Chamber of Commerce and Industry, Submission 6, p. 6.

[26]      Australian Chamber of Commerce and Industry, Submission 6, p. 6.

[27]      Mr Daniel Mammone, Director, Workplace Policy and Legal Affairs, Australian Chamber of Commerce and Industry, Public Hearing, Canberra, 22 June 2012.

COALITION SENATORS'  ADDITIONAL COMMENTS

[1]        Australian Chamber of Commerce and Industry, Submission 6 , p. 2

[2]        Master Builders Australia, Submission 8, p. 5.

[3]        Mr John Kovacic, Deputy Secretary, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 22 June 2012, p. 30.

[4]        Senator the Hon Chris Evans, Speech to the Australian Labor Party Subiaco Branch, 29 June 2007.

[5]        Senator the Hon Chris Evans, Senate Hansard, 14 June 2005.

[6]        The Hon Robert McClelland MP, House of Representatives Hansard, 21 June 2012.

[7]        Institute of Public Affairs, Submission 1, p. 2.

[8]        Department of Education, Employment and Workplace Relations, Submission 7, p. 2.

[9]        Ms Bernadette  O'Neill, General Manager, Fair Work Australia, Proof Committee Hansard, 15 February 2012, Opening Statement.

[10]      Correspondence between Ms Bernadette O'Neill and Detective Sergeant Tyquin, 14 October 2011, Attachment 1, p. 1.

[11]      Correspondence between Ms Bernadette O'Neill and Detective Sergeant Tyquin, 14 October 2011, Attachment 1, p. 4.

[12]      Correspondence between Detective Sergeant Tyquin and Ms Bernadette O'Neill, 22 March 2011, Attachment 2, p. 2.

[13]      See Attachment 3.

[14]      Commonwealth Director of Public Prosecutions, Press Release, 4 April 2012.

[15]      Peter Faris QC, Radio National Interview, 5 April 2012.

[16]      Commonwealth Director of Public Prosecutions, Press Release, 3 May 2012.

[17]      Fair Work Australia, Press Release, 7 May 2012.

[18]      Mr John Lloyd and Senator the Hon. Eric Abetz, Proof Committee Hansard, 22 June 2012, p. 9.

[19]      Fair Work (Registered Organisations) Act 2009.

[20]      Fair Work Australia, Press Release, 7 May 2012.

[21]      Answer to Parliamentary Question on Notice 1570, tabled 20 April 2012.

[22]      Mr John Kovacic, Deputy Secretary and Senator the Hon. Eric Abetz, Proof Committee Hansard, 22 June 2012, p. 30.

[23]      Corporations Act 2001, s. 1311 and Schedule 3.

[24]      See for example, Australian Mines and Metals Association, Submission 9, p. 3 and Institute of Public Affairs, Submission 1, p. 1.

[25]      Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions, Proof Committee Hansard, 22 June 2012, p. 23.

[26]      Mr Ed Husic MP, House of Representatives Hansard, 21 June 2012.

[27]      Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions and Senator the Hon. Mr Eric Abetz, Proof Committee Hansard, 22 June 2012, p. 21.

[28]      Institute of Public Affairs, Submission 1, p. 3.

[29]      Australian Financial Review, 22 June 2012, p. 1.

[30]      Master Plumbers and Mechanical Services Association of Australia, Submission 5, p. 1.