4th Sep 2017, 11:36 AM – Senate Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 - in Committee - Reach of penalty provisions

The majority voted against amendments introduced by NSW Senator David Leyonhjelm (Liberal Democratic Party), which means they failed.

Senator Leyonhjelm explained that:

... item (1) limits the penalty provisions so that they apply to franchisors only if the franchisor influences the franchisee's compliance with employment laws. Items (2) to (6) limit the penalty provisions so that they only apply to franchisors and bodies corporate who knew, or ought to have known, in the ordinary course of business that their franchisees and subsidiaries would fail to comply with employment laws and that the franchisor has a material impact on the franchisee entity's compliance or ability to comply.

Amendment text

(1) Schedule 1, item 17, page 9 (line 16), omit "affairs.", substitute "affairs; and".

(2) Schedule 1, item 17, page 9 (after line 16), at the end of subsection 558A(2), add:

(c) that influence or control has a material impact on the franchisee entity's compliance or ability to comply with one or more of the civil remedy provisions referred to in subsection 558B(7).

(3) Schedule 1, item 17, page 9 (line 32), after "known", insert ", in the ordinary course of business,".

(4) Schedule 1, item 17, page 10 (line 5), after "known", insert ", in the ordinary course of business,".

(5) Schedule 1, item 17, page 10 (line 18), after "known", insert ", in the ordinary course of business,".

(6) Schedule 1, item 17, page 10 (line 23), after "known", insert ", in the ordinary course of business,".