The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 9:30, read prayers and made an acknowledgement of country.
Higher Education Support Amendment (New Zealand Citizens) Bill 2015
Fair Work Amendment (Penalty Rates Exemption for Small Businesses) Bill 2015
If we consider that those who relied on penalty rates for their household expenses were at some financial risk if those rates of pay were not available, there are a range of groups at potential risk. Simply as a function of their greater likelihood of financial reliance on penalty rates, women, workers with combined household incomes below $30,000, and employees—
in rural or regional locations were at greatest risk.
Finally, workers in the agriculture, forestry and fishing industries, and in electricity, gas, water and waste services, were likely to have their household finances affected by a removal of penalty rates for working unsocial hours.
On the venerable Day of the Sun let the magistrates and people residing in cities rest, and let all workshops be closed. In the country, however, persons engaged in agriculture may freely and lawfully continue their pursuits; because it often happens that another day is not so suitable for grain-sowing or for vine-planting; lest by neglecting the proper moment for such operations the bounty of heaven should be lost.
SELECTION OF BILLS COMMITTEE
REPORT NO. 12 of 2015
1. The committee met in private session on Wednesday, 16 September 2015 at 7.15 pm.
2. The committee resolved to recommend: That—
(a) the provisions of the Migration Amendment (Charging for a Migration Outcome) Bill 2015 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 November 2015 (see appendices 1 and 2 for a statement of reasons for referral);
(b) the provisions of the Migration and Maritime Powers Amendment Bill (No. 1) 2015 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 November 2015 (see appendices 3 and 4 for a statement of reasons for referral);
(c) the provisions of the Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015 bereferred immediately to the Education and Employment Legislation Committee for inquiry and report by 24 November 2015 (see appendices 5 and 6 for a statement of reasons for referral);
(d) the provisions of the Superannuation Legislation Amendment (Trustee Governance) Bill 2015 bereferred immediately to the Economics Legislation Committee for inquiry and report by 9 November 2015 (see appendices 7 and 8 for a statement of reasons for referral); and
(e) the provisions of the Tax Laws Amendment (Combating Multinational Tax Avoidance) Bill 2015 bereferred immediately to the Economics Legislation Committee for inquiry and report by 9 November 2015 (see appendix 9 for a statement of reasons for referral).
The committee recommends accordingly.
4. The committee considered the following bill but was unable to reach agreement:
APPENDIX 1
SELECTION OF BILLS COMMITIEE
Name of bill:
Migration Amendment (Chargingfor a Migration Outcome) Bill 2015
Reasons for referral/principal issues for consideration:
To further investigate potential impacts and unintended consequences of the Bill
Possible submissions or evidence from:
Department of immigration and Boarder Protection
Migration Council of Australia
ACTU
CFMEU
Scanlon Foundation
Law Council of Australia
Committee to which bill is to be referred:
Senate Legal and Constitutional Affairs Legislation Commitete
Possible hearing date(s):
Possible reporting date:
15 November 2015
(signed)
Senator McEwen
APPENDIX 2
SELECTION OF BILLS COMMITIEE
Proposal to refer a bill to a committee:
Name of bill:
Migration Amendment (Charging for a Migration Outcome) Bill 2015
Reasons for referral/principal issues for consideration:
Extends the grounds upon which he visa may be cancelled to include situations in which the Minister is satisfied that a benefit was asked for by the Visa holder from another person in relation to a sponsorship related event (regardless of whether this sponsorship event occurs). This needs to be investigated more fully.
Possible submissions or evidence from:
Committee to which bill is to be referred:
Legal and Constitutional Affairs References Committee
Possible hearing date(s):
TBC
Possible reporting date:
10 November 2015
(signed)
Senators Rachel Siewert
APPENDIX 3
SELECTION OF BILLS COMMITIEE
Proposal to refer a bill to a committee:
Name of bill:
Migration and Maritime Powers Amendment (No1) bill 2015
Reasons for referral/principal issues for consideration:
To further investigate potential impacts and unintended consequences of the Bill
Possible submissions or evidence from:
Department of Immigration and Boarder Protection
United Nations High Commissioner for Refugees
Australian Human Rights Commissioner
Law Council of Australia
Committee to which bill is to be referred:
Legal and Constitutional Affairs References Committee
Possible hearing date(s):
Possible reporting date:
10 November 2015
(signed)
Senators Anne McEwen
APPENDIX 4
SELECTION OF BILLS COMMITIEE
Proposal to refer a bill to a committee:
Name of bill:
Migration and Maritime Powers Amendment (No1) bill 2015
Reasons for referral/principal issues for consideration:
Of concern, this amendment extends the definition of who can be determined to be 'of character concern' to a person the minister reasonably suspects is a member of an organisation which h has been involved in criminal conduct, whether or not the person has been convicted of an offence.
It also extends definitions of substantial criminal record to someone who has been found unfit to plead and detained in an institution (i.e. presumably mental) where found guilty of evidence.
Possible submissions or evidence from:
Refugee Advice and Casework Service
Asylum Seeker Resource Centre
Refugee Churches taskforce
Human Rights Law Centre
Australian Law Council
Committee to which bill is to be referred:
Legal and Constitutional Affairs References Committee
Possible hearing date(s):
TBC
Possible reporting date:
10 November 2015
(signed)
Senators Rachel Siewert
APPENDIX 5
SELECTION OF BILLS COMMITIEE
Proposal to refer a bill to a committee:
Name of bill:
Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015
Reasons for referral/principal issues for consideration:
To scrutinise and ascertain implications of the Bill in practice;
To fully consider all stakeholders views on the Bill; and
To make sure that there are no unintended consequences of enacting this legislation.
Possible submissions or evidence from:
Department of Employment;
Department of Social Services;
Employment Services Providers;
Peak bodies such as Jobs Australia, Australian Unemployment Union, National Employment Services Association (NESA); and
Not for profit organisations such as the Australian Council of Social Service (ACOSS)
Committee to which bill is to be referred:
Senate Community Affiras Legisltation
Possible hearing date(s):
TBC
Possible reporting date:
24 November 2015
(signed)
Senators Anne McEwen
APPENDIX 6
SELECTION OF BILLS COMMITIEE
Proposal to refer a bill to a committee:
Name of bill:
Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015
Reasons for referral/principal issues for consideration:
Significant impact on job seekers
Possible submissions or evidence from:
National Welfare Rights Network
Australian Council of Social Service
Job Active network
Committee to which bill is to be referred:
Education and Employment Legislation Committee
Possible hearing date(s):
TBC
Possible reporting date:
24 November 2015
(signed)
Senators Rachel Siewert
APPENDIX 7
SELECTION OF BILLS COMMITIEE
Proposal to refer a bill to a committee:
Name of bill:
Superannuation Legislation Amendment (Trustee Governance) Bill 2015
Reasons for referral/principal issues for consideration:
Whether there is currently a problem with superannuation governance
What impact the bill would have on superannuation funds and their members
Possible submissions or evidence from:
Affected funds
Representatives of Superannuation
Not for profit organisations such as the Australian Council of Social Service (ACOSS)
Committee to which bill is to be referred:
Economics Committee
Possible hearing date(s):
TBC
Possible reporting date:
9 November 2015
(signed)
Senator Siewert
APPENDIX 8
SELECTION OF BILLS COMMITIEE
Proposal to refer a bill to a committee:
Name of bill:
Superannuation Legislation Amendment (Trustee Governance) Bill 2015
Reasons for referral/principal issues for consideration:
To ensure detailed scrutiny of the legislation and seek stakeholder input on the impact of the bill.
Possible submissions or evidence from:
Financial Services Sector –FSC, ISA, ASFA, and AIST
Ausyralian Institute of Company Directors
Relevant government agencies and department
Department of Social Services;
Employment Services Providers;
Peak bodies such as Jobs Australia, Australian Unemployment Union, National Employment Services Association (NESA); and
Not for profit organisations such as the Australian Council of Social Service (ACOSS)
Committee to which bill is to be referred:
Senate Econmics Legislation Commmittee
Possible hearing date(s):
TBC
Possible reporting date:
9 November 2015
(signed)
Senators Anne McEwen
APPENDIX 9
SELECTION OF BILLS COMMITIEE
Proposal to refer a bill to a committee:
Name of bill:
Tax Laws Amendment (Combating Multinational Tax Aviodance) Bill 2015
Reasons for referral/principal issues for consideration:
To ensure appropriate scruitany of significant changes to Australian taxation law and seek stakeholder feed back on the consequences of the billbeing enacted as written
Possible submissions or evidence from:
Australian Taxation Office
Big Four Accounting firms
OECD
Affected companies (Google, Apple, BHP etc.)
Law Sociaety of Australia
Committee to which bill is to be referred:
Senate Economics Legislation Committee
Possible hearing date(s):
TBC
Possible reporting date:
9 November 2015
(signed)
Senators Anne McEwen
That the report be adopted.
At the end of the motion, add, “but in respect of the Social Services Legislation Amendment (No Jab, No Pay) Bill 2015 the provisions of the bill be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 9 November 2015”.
At the end of the motion, add, "but in respect of the Customs Amendment (China-Australia Free Trade Agreement Implementation) Bill 2015 and the Customs Tariff Amendment (China-Australia Free Trade Agreement Implementation) Bill 2015, the provisions of the bills be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report on the next working day after the tabling of the report of the Foreign Affairs Defence and Trade References Committee on the Proposed China-Australia Free Trade Agreement.
That the order of general business for consideration today be as follows:
(a) general business notice of motion no. 868 standing in the name of Senator Muir relating to motorsport in Australia; and
(b) orders of the day relating to documents.
That the Senate acknowledges the Federal Government's Family and Domestic Violence Strategy, but notes that;
(a) adequate supply of affordable housing options is critical in enabling women to escape domestic violence; and
(b) the Commonwealth has an integral role to play in the provision of affordable housing options.
That the Senate—
(a) notes:
(i) the super colony hazards of yellow crazy ants in the Wet Tropics, which is distinctly different to the presence of yellow crazy ants in other areas of Queensland, and
(ii) with concern the damage to the natural ecology, to agriculture and to human beings from the yellow crazy ants caused by the formation of super colonies in the Wet Tropics region;
(b) acknowledges the work being done by the Wet Tropics Management Authority, the Cairns Regional Council, the Commonwealth Government's Green Army and individual landowners and volunteers who are to date achieving strong results in containing and locally eradicating the infestation;
(c) calls on the relevant local and Queensland governments to at least match Commonwealth funding to fight the infestation; and
(d) urges the Federal and state governments to commit to eradication of the yellow crazy ants in the Wet Tropics.
At the end of the motion, add:
(e) calls upon the Queensland and Commonwealth governments to consider the Wet Tropic Management Authority’s funding for a targeted eradication program in the Wet Tropics
That there be laid on the table by the Minister representing the Minister for Communications Senator Fifield and/or the Minister for FinanceSenator Cormann, by 3.30 pm on Monday, 12 October 2015, the following documents in relation to NBN Co Limited:
(a) the 'Operating Plan' referred to in its Corporate Plan 2016 ;
(b) financial and deployment forecasts for the multi‑technology mix from FY2015 to FY2022, as included in the Operating Plan;
(c) the most recent '12 Quarter Integrated Deployment Plan' referred to in its Corporate Plan 2016 ;
(d) the high level desktop analysis of an al1‑FTTP fixed line deployment scenario referred to in its Corporate Plan 2016 ; and
(e) the letter from shareholder ministers to NBN Co Limited requesting that it prepare the high level desktop analysis of an all-FTTP fixed line deployment scenario.
The Senate divided. [12:06]
(The Deputy President—Senator Marshall)
That the Senate—
(a) notes the achievements of the Australian Women's Cricket Team, the Southern Stars, and congratulates the team on its success in the recent Ashes series in England, the first win in England since 2001;
(b) acknowledges that the Southern Stars are currently ranked number one in the world in test, one day and T20 cricket, a feat they also achieved in early 2013;
(c) congratulates Cricket Australia on its efforts to improve the payment scheme for women cricketers, and to continue closing the gender gap in sport with the 2015 investment and restructure of women's cricket at the domestic level which will progress the plan to increase participation of girls and women in the sport; and
(d) encourages increased media coverage of women's cricket, building on the community interest and the skill and professionalism of the cricketers.
That the Senate—
(a) notes the second Sunday of September is Australia's National Bilby Day;
(b) acknowledges the long‑term commitment of conservationist, Mr Frank Manthey, to address the plight of the bilby and his efforts to raise community awareness of the need to secure the future of the bilby and other endangered Australian fauna; and
(c) congratulates the Mayor of Ipswich, Mr Paul Pisasale, and the Ipswich community on the organisation of the inaugural community National Bilby Day celebrations on Sunday, 13 September 2015.
Environment Protection and Biodiversity Conservation Amendment (Prohibition of Live Imports of Primates for Research) Bill 2015
That the following bill be introduced: A Bill for an Act to amend the Environment Protection and Biodiversity Conservation Act 1999 , and for related purposes.Environment Protection and Biodiversity Conservation Amendment (Prohibition of Live Imports of Primates for Research) Bill 2015 .
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Environment Protection and Biodiversity Conservation Amendment (Prohibition of Live Imports of Primates for Research) Bill 2015
I reintroduce this Bill, the Environment Protection and Biodiversity Conservation Amendment (Prohibition of Live Imports of Primates for Research) Bill 2015 which amends the Environment Protection and Biodiversity Conservation Act 1999 to disallow the importation into Australia of live primates for the purposes of research.
The Bill does not ban the use of primates for research per se – the Greens acknowledge this is a separate issue that requires rigorous challenge and examination. There are three government-funded facilities in Australia that breed primates for research. When this Bill was first introduced in November 2012, permits for the importation of live primates had been neither sought by these facilities, nor issued since 2009.
However 37 marmosets were imported into Australia from France in September 2014 for research, with the Department of Agriculture refusing to disclose their destination or for what research purposes those poor creatures were imported, stating such questions belonged to State and Territory jurisdictions.
The Bill does not provide a blanket ban on the importation of primates for other purposes such as zoos. However, it will ensure that Australia does not participate in the unethical trade of wild-caught primates for use in experimentation for the research industry.
Australia is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which commits to ensuring that international trade in flora and fauna does not threaten their survival. All non-human primates are listed as CITES specimens, and as such wild-caught animals may not normally be traded.
Australia's National Health and Medical Research Council's (NHMRC) policy on non-human primates for scientific purposes also states that "whenever possible investigators obtain non-human primates from National Breeding Centres".
The global wildlife trade is recognised as one of the biggest threats to biodiversity conservation, and the major trade in non-human primates – as live specimens, as body parts or as meat – presents a significant risk to their conservation in the wild.
The illegal and unsustainable trade in primates is increasingly recognised as an urgent threat to conservation and is described as a conservation crisis. One of the main sources of non-human primates to meet global demand is Southeast Asia. Since the 1970s Indonesia has been a major exporter of monkeys.
When India and then Bangladesh banned primate exports in the late 1970s, Southeast Asia became a major hub of wildlife trade. With its concurrent highest rate of tropical deforestation on the planet, the loss of its biodiversity has been described as an impending disaster.
The list of threats causing decimation of the world's wild primates is a long and bleak litany which includes the trade in monkeys to supply the booming biomedical and pharmaceutical research industry.
Around the world an estimated 100,000 to 200,000, non-human primates, or monkeys, are used in experiments every year, and tens upon tens of thousands of monkeys are traded around the world to meet the research industry demand. According to US Department of Agriculture figures, in the US alone the use of non-human primates in experiments rose from 57,518 in 2000 to 71,317 in 2010.
There is considerable clinical evidence that much animal-based research correlates poorly with the human response. This is confirmed by scientific reviews that show correlations between the results of animal experimentation and human outcomes are negligible, expensive and unnecessary. Most animal experiments do not translate to clinical trials, are not validated, minimally cited, and use methodologies that render findings as unreliable.
For example, Bailey's 2005 scientific critical review on research using animals came to the conclusion such findings "have little or no predictive value or application to human medicine."
Matthews' 2008 paper in the Journal of the Royal Society of Medicine points out that much of the claimed value of animal research is anecdotal rather than quantitative and that there are "relatively few quantitative studies of the predictive abilities of animal models". Where such studies do exist in toxicity testing, "the data provided by these studies is typically incomplete, ambiguous, and subjected to inadequate or incorrect analysis." However "the evidential weight of animals models that emerge are at best inconclusive, and sometimes wholly misleading."
The Medical Research Modernization Committee, a health advocacy organisation comprised of medical professionals and scientists, found in their 2006 critical review that "human data has historically been interpreted in light of laboratory data derived from non-human animals. This has resulted in unfortunate medical consequences."
The 2006 autoimmune, multiple scleroses and leukaemia drug trial at Britain's Northwick Park hospital where six young men suffered multiple organ failure after taking a new drug shown to be safe at a 500 times greater dosage in monkeys, is one such example.
In 2002, the House of Lords Select Committee on Animals in Scientific Procedures stated "the formulaic use of two species in safety testing is not a scientifically justifiable practice, but rather an acknowledgement of the problem of species differences in extrapolating the results of animal tests to predict effects in humans." The Committee also concluded "that the effectiveness and reliability of animal tests is unproven" and that "the reliability and relevance of all existing animal tests should be reviewed as a matter of urgency."
A 2004 UK survey by Europeans for Medical Progress found 82% of general practitioners "were concerned that animal data can be misleading when applied to humans."
Safer Medicines, a British patient safety organisation of doctors and scientists articulates the growing questions from a safety perspective: "whether animal testing, today, is more harmful than helpful to public health and safety" with "alarming evidence that animal tests fail to protect us" in areas from strokes, to AIDS, cancer, autoimmune diseases and more.
Knight's 2007 review on animal experiments found published experiments on chimpanzees, as the species most closely related to human primates, have been shown to generate data of "questionable value" and to make insignificant contributions to cited research – with in vitro studies, human clinical and epidemiological studies, molecular assays and methods, and genomic studies contributing most to the development of combating human diseases.
Not surprisingly, this is because chimpanzees' phenotype, that is their morphology and biochemistry, is markedly different to humans.
Yet with the progressive banning of testing on chimpanzees around the world, the research industry has turned to smaller non-human primates that are even more removed from the human phenome. Indeed in Australia, there are three government-funded facilities that breed non-human primates to be experimented on. This is despite cheaper and more scientifically reliable and valid methodologies and technologies already existing and being used by more and more laboratories around the world.
The Greens urge government, regulators and research institutions to practice these sophisticated and humane research methods. These include genomics, proteomics, nanotechnology, phage display, microdosing, microfluidic chips, epidemiology, autopsies, computer modelling deducing toxicity based on chemical structure of compounds, more thorough world research databases, and tissue and cell in vitro research such as the Ames Test.
Australia has not permitted the import of live non-human primates for research since 2009.
From 2000 until 2009 the CITES database recorded that Australia permitted the live import of 331 pig-tailed macaques from Indonesia for research. These are listed as vulnerable to extinction on the IUCN Red List of Threatened Species.
In the same period Australia also permitted the live import of 71 owl monkeys for research "breeding purposes". This species is also listed on the IUCN red list as "although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival." The IUCN also notes concern that large numbers of these South American species are used in research, and that the issue of wild-caught owl monkeys "should be monitored to understand the effect on populations."
During 2000-2009 250 long-tailed macaques were also imported into Australia for research purposes. These monkeys are noted on the IUCN red list as suffering declining populations, and a CITES meeting in 2011 expressed as "imperative" a reassessment of the species was needed, given the trapping, laundering and largely illegal trade of massive numbers of wild caught long-tail macaques to support the pharmaceutical industry and its researchers.
The European Commission states that the majority of Asian (Old World) monkeys traded for the global research are not bred in western facilities but are born to wild-caught captive monkeys in Asian facilities. The IUCN Primate Specialist Group's Ardith Eudey described these as "lucrative operations ... [that] may serve to 'launder' wild-caught monkeys" to sell as captive-bred to the research industry, and which "appear[s] to have resulted in their disappearance even from legally protected areas".
More than half of the 70 species of primates in Southeast Asia are found in Indonesia, which "features prominently on the list of source countries for both domestic and international trade," and it is from here that Australia sourced most of its primates for research until the last importation in 2009.
In 2009, a BUAV (British Union Against Vivisection) undercover investigation confirmed the IUCN's and other scientists' concerns, revealing Indonesia's "official" ban on the export of wild-caught primates for research (in line with its CITES obligations) is a farce.
Monkeys were shown suffering high levels of cruelty during their capture, confinement and transportation, with an endpoint destination of experimentation in the world's laboratories.
BUAV also found Indonesian wild-caught monkeys are coded as "captive-bred". Monkeys wild-living on islands, such as Australia's source island - Tinjil Island - are also coded as "captive-bred" because the whole island is described as a "breeding facility".
The investigation also revealed monkeys trapped in inhumane conditions by villagers who view them as pests and ready income. Baby monkeys are taken from their trapped parents who are often killed rather than being released back into the wild. Mother monkeys are sometimes shot with air rifles forcing them to flee and drop their infants. Monkeys are chased by dogs to be entangled in nets or ropes which often strangled the trapped terrified animals.
The monkeys, including the infants, are then kept in filthy, crowded and barren concrete pens with metal grid floors lacking fresh air or sunlight, many with no access to water or food. In one primate breeding and supply facility infants were kept in small empty pens with smooth walls, no perches and only a wire ceiling, from which the scores of babies would hang frightened in the absence of safe shelter.
Monkeys are then transported around the world, sometimes kept in transit for days, packed into crates too small to stand up in, suffering the noise, inadequate ventilation and extreme temperature fluctuations. If there are transport delays, there is often insufficient food and water.
One UK primate import company alone had a mortality rate of nearly 19% of its delivered monkeys, all from Indonesia, during 1988-1991.
In the 2001 May Budget estimates, it was stated that the three Australian primate breeding facilities were established, among other reasons: "to remove the necessity to import these animals into Australia; and to protect these species in the wild by breeding them in captive colonies".
This Bill, if passed, would confirm in law that Australia does not support the cruel and inhumane primate trade for experimentation and that Australia will not participate in practices leading to the extinction of primates in the wild.
This is a small but important step on the long road to ceasing the cruel practices of experimentation on animals. Well over 10,000 people have previously signed a petition to call an end to the importation of primates for experiments, and I have no doubt that most Australians would be appalled that Australia still allows this to happen. I refer to my second reading speech on my End Cruel Cosmetics Private Senator's Bill that describes the horror animals are subjected to in animal experiments, and remind the Senate that both Labor and the Liberals have asserted their desire to see the end of animal-tested cruel cosmetics, but have yet to support that Bill.
The Greens support the global scientific 3R principle for the use of animals in research – replacement, refinement and reduction. We support the call by leading scientific researchers and medics, and by important organisations such as Humane Research Australia, for legislators and regulators to actively support and demand more methodologically sound and effective science that transitions away from the 19th century practice of animal experimentation to the more sophisticated and credible modern methods of biomedical research already being used with more accuracy and success today.
Sentient beings are being subjected to great suffering through experiments being performed on them. This Bill is a small first step that all Australians should support.
I commend the Bill to the House.
That the following bill be introduced: A Bill for an Act to amend the Fair Work Act 2009 , and for related purposes.Fair Work Amendment (Gender Pay Gap) Bill 2015 .
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Fair Work Amendment (Gender Pay Gap) Bill 2015 will help to reduce the gender pay gap in Australia by banning pay gag clauses which prevent workers from discussing their own pay. It does so by amending theFair Work Act 2009 to provide that any term of a modern award, enterprise agreement or contract of employment has no effect to the extent that it prohibits workers from discussing their own pay. It also prevents employers from taking adverse action against their workers for discussing their own pay.
This Bill would make sure that workers are allowed to tell their colleagues what they are paid if they wish to, without fear of retaliation from their boss. It would not force anyone to discuss their pay, but it would make sure that bosses could not pressure their employees to stay quiet, or take any action against them if they do discuss their pay.
Data collected by the Workplace Gender Equality Agency (WGEA) shows that where pay is set in secret, the gender pay gap is worse. For instance, the gender pay gap is much smaller in the public sector (12.3%) where workers are allowed to talk about their pay compared to the private sector (22.4%) where discussion is often prohibited.
Women will sometimes only discover that they are being paid less than their male colleagues after talking to a co-worker.
Pay secrecy can help hide discrimination, unconscious bias and bad decision making, such as where two people are paid differently for doing the same job. Pay transparency makes sure employers have to justify pay decisions.
Many workers, especially those who receive a salary and those in the private sector, are not allowed to talk about their pay with colleagues. Many employment contracts include a "gag clause", which means that workers can be disciplined or even sacked for discussing their pay.
When pay is set in secret by individual negotiation, women are at a disadvantage. While there is no evidence to suggest that women's abilities to negotiate are any different from men's, research shows women's negotiations are often less successful. Research suggests that women are less likely to ask for a raise or negotiate aggressively, and are more likely to be judged unfairly by managers.
When workers cannot discuss their pay, they are in a weaker bargaining position. Salary negotiations are partly about telling your boss what you think your labour is worth. If it is impossible to know what your boss is paying others, the negotiation can never be fair.
It should always be your choice whether to discuss your pay. Your employer should never be able to threaten you with sanctions for doing so.
Sometimes people do not feel comfortable talking about their pay, but making sure that bosses cannot impose secrecy clauses is the first step towards cultural change.
Sometimes employers prefer to keep pay secret to avoid 'dissatisfaction', but the best solution is almost always a mature discussion between workers, bosses and unions, rather than enforced secrecy.
There are several examples of similar laws overseas which Australia can learn from. Laws prohibiting bosses from taking action against workers who discuss their own pay already exist in a US law dating from 1935, but those provisions cannot be enforced. Both Republicans and Democrats support making the law enforceable. Several US states have stopped bosses punishing workers for discussing their own pay including California, Vermont, Michigan, Colorado, Illinois and Maine. The UK passed the Equality Act 2010 , which sought to protect workers who discussed their own pay for particular reasons, like seeking to identify discrimination, but those rules were vetoed by the incoming Conservative government.
This Bill would not be a silver bullet – the gender pay gap is underpinned by a wide range of factors including women and men working in different industries and different jobs, the lack of women in senior positions, unpaid caring responsibilities, differences in education and experience, discrimination, both direct and indirect. Many players and much effort will be required, but this Bill would be a step towards more equal pay for women. Australia's gender pay gap is 17.9% - nearly the highest it's been for two decades. The gender pay gap widens to 24.7% when perks and bonuses are included. It is even worse for women in leadership positions, where it rises to 28.9% for senior executives. In 2015, we should be well on the way to gender equality. We must fix this disgrace.
I am hopeful that this Bill will be the first step, along with the work being done by the WGEA, unions, women's groups, everyday women and employers to fix Australia's gender pay gap.
I commend this Bill to the Senate.
That there be laid on the table by the Minister representing the Prime Minister, by no later than 3.30 pm on Thursday, 17 September 2015, the Coalition Agreement, and related side letter between the Prime Minister and the Deputy Prime Minister, signed on Tuesday, 15 September 2015, outlining the relationship between the Liberal and National parties in government.
The Senate divided. [12:21]
(The Deputy President—Senator Marshall)
That the Senate—
(a) notes that:
(i) the 2009 and 2013 Defence White Papers both state a national security requirement for the procurement of 12 new submarines,
(ii) on 20 February 2015, the Minister for Defence announced the acquisition strategy for Australia's Future Submarine Program, including details of the Competitive Evaluation Process to be undertaken by the Department of Defence, advising that the department would seek proposals from potential partners on 'options for design and build overseas, in Australia, and/or a hybrid approach',
(iii) all tier one navies have their warships and submarines built locally,
(iv) submarine builders DCNS and TKMS:
(A) have expressed a view to a Senate inquiry that the total life cycle costs (from design through construction through operation) will be no more expensive if our future submarines are built in Australia, and
(B) along with submarine builder ASC, have agreed to a proposition put to them at a Senate inquiry that participation in the design and construction of a submarine makes through‑life maintenance easier,
(v) building submarines in Australia would:
(A) contribute to Australia's defence self‑reliance, and
(B) provide valuable economic and skills stimulus to Australia's manufacturing industry, and
(vi) both the Collins class submarines and ANZAC frigates were built with greater than 70 per cent local content (by value); and
(b) calls on the Government to:
(i) commit to the procurement of 12 submarines,
(ii) commit to its pre‑election promise to a local build of submarines and withdraw the stipulated options for 'design and build overseas' and a 'hybrid approach' on Australia's future submarines, and
(iii) set a submarine build benchmark of at least 70 per cent Australian local content (by value).
… a prudent approach to such a major acquisition is to canvass the market and see what is available, including from overseas.
That motion No. 870 be amended by removing a clause: '(b)(i) commit to the procurement of 12 submarines'.
Senate divided. [12:37]
(Deputy President—Senator Marshall)
That the Senate—
(a) notes:
(i) the importance of education as part of the campaign to combat the dangers of 'ice' in Australian society, particularly amongst vulnerable youths, and
(ii) the success of the most recent phase of the national drugs campaign 'Ice Destroys Lives', with feedback reporting that 94 per cent of youths who saw the campaign stating they had taken some action as a result, either by talking to peers or to their parents, or by changing their thinking about 'ice', and 51 per cent of at‑risk youth who had seen these advertisements saying they would now avoid using 'ice'; and
(b) condemns those who downplay the dangers of 'ice' by calling for the legalisation of a hazardous and toxic substance that destroys brain function, mental wellbeing, general health, employment, relationships, lives and families.
That there be laid on the table by the Minister for Veterans' Affairs Senator Ronaldson, by no later than 3.30 pm on Monday, 12 October 2015, the following information relating to the 2014 Client Services Survey conducted by ORIMA Research for the Department of Veterans' Affairs (DVA):
(a) any contractual restrictions placed on the Minister releasing the survey methodology by the third party company, ORIMA, which conducted the survey;
(b) all questions asked in the survey;
(c) the sampling methodology;
(d) the format(s) of how the survey and results are stored by DVA;
(e) aggregated results for each question (including in an electronic format);
(f) aggregated results showing which areas of DVA's performance are regarded as:
(i) strong,
(ii) poor, and
(iii) in need of improvement;
(g) a copy of each set of survey responses with any personal identifiers redacted (including in an electronic format);
(h) a breakdown by age group of all who responded;
(i) a copy of all 'client commentary' provided and examples of which are published on the DVA website; and
(j) the criteria used by DVA in selecting the summarised interpretation of the results on the DVA website.
That Senator Rice replace Senator Muir on the Select Committee on Health, and Senator Muir be appointed as a participating member of the committee on Friday, 18 September 2015
Foreign Acquisitions and Takeovers Legislation Amendment Bill 2015
Foreign Acquisitions and Takeovers Fees Imposition Bill 2015
Register of Foreign Ownership of Agricultural Land Bill 2015
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
FOREIGN ACQUISITIONS AND TAKEOVERS LEGISLATION AMENDMENT BILL 2015
This legislation being introduced today will strengthen Australia's foreign investment framework.
This legislative package shall ensure Australia maintains a welcoming environment for investment — but one that ensures that the investment is not contrary to our national interest.
These reforms shall ensure that from 1 December 2015, Australia's foreign investment framework is more modern, simple and effective.
Importantly, it will add integrity to the system, so that everybody plays by the rules. With integrity comes compliance.
By granting new compliance powers to the Australian Taxation Office (ATO), and additional powers to the Foreign Investment Review Board (FIRB), the Government is ensuring that Australians can have confidence that our foreign investment framework will be effectively enforced.
Australians expect our foreign investment rules to be strong, effective and enforceable.
Our foreign investment rules have not been significantly revised since introduction in 1975 and have not kept pace with the changes in global investment.
The Government recognises the changing landscape and has already taken active steps to enforce the existing rules and act decisively on foreign investment breaches.
One such step is to encourage those who are in breach to come forward and self-report. In so doing, we have announced a reduced penalty period for foreign investors who come forward and self-report non‑compliance before 30 November 2015.
Already, the Treasurer has issued the first divestment order in about 10 years. Since then, the Treasurer has required the divestment of more than 10 illegally-held properties under the reduced penalty period.
While the Government has increased enforcement activities, further strengthening of the framework is still required to ensure foreign investment in Australia can be appropriately monitored and the rules enforced for the benefit of all Australians.
With this package of Bills, the Government is implementing its commitment to increase scrutiny and transparency around foreign investment in agriculture. The Government is also responding to concerns raised by the House Economics Committee that a lack of compliance and enforcement of the residential real estate rules is undermining the overall integrity of the foreign investment framework.
The package delivers a robust and enforceable regulatory framework and provides a predictable and welcoming environment for investors.
The Foreign Acquisitions and Takeovers Legislation Amendment Bill 2015 makes essential changes to simplify the system, strengthen the framework and ensure the rules are enforced.
Consistent with the recommendations of the House Economics Committee, the Bill introduces a range of new and stricter penalties that are commensurate to the severity of the breach and ensure that those who break the rules do not profit by their actions.
Criminal penalties will be increased from $90,000 to $135,000 for individuals and will be supplemented by civil pecuniary penalties and infringement notices for less serious breaches of the residential real estate rules.
Third parties such as real estate agents, migration agents, conveyancers and lawyers who knowingly assist a foreign investor to breach the rules will also now be subject to both civil and criminal penalties.
The Government has provided $47.5 million over four years to the ATO to improve compliance and enforcement of the rules. The ATO has the capacity to cover more than 600 million transactions annually through its sophisticated data matching programs.
The Foreign Acquisitions Bill also implements the Government's commitment to lower the screening thresholds for investments in Australian agriculture.
Since 1 March 2015, the screening threshold for foreign purchases of agricultural land has been lowered from $252 million to $15 million based on the cumulative value of agricultural land owned by that investor. The Government is also introducing a $55 million threshold for direct interests in agribusinesses from 1 December 2015.
Australians can have confidence that investments into agriculture will be scrutinised to ensure that they are not contrary to the national interest.
The Government is committed to deregulation and ensuring that we create an investment environment that is open for business.
The Bill includes a package of long overdue amendments that will reduce red tape by removing routine cases and better aligning the foreign investment framework with other corporate legislation. For example, the substantial interest threshold will be raised from 15 to 20 per cent to better align the foreign investment rules with the takeover rules in the Corporations Act 2001. This means investors acquiring a stake of less than 20 per cent will no longer need foreign investment approval.
The Bill will also provide greater certainty for investors and the Australian community by bringing foreign government investors within the legislative framework.
FOREIGN ACQUISITIONS AND TAKEOVERS FEES IMPOSITION BILL 2015
The second Bill in the package is the Foreign Acquisitions and Takeovers Fees Imposition Bill 2015.
The Imposition Bill introduces fees on foreign investment applications to ensure Australian taxpayers are no longer required to fund the costs of the administering and enforcing the foreign investment regime.
For residential and agricultural properties valued at $1 million or less, foreign investors will pay a fee of $5,000. Higher fees apply to more expensive residential and agricultural properties as well as commercial real estate and business applications.
REGISTER OF FOREIGN OWNERSHIP OF AGRICULTURAL LAND BILL 2015
The last Bill in the package is the Register of Foreign Ownership of Agricultural Land Bill 2015.
The Register Bill complements the lower agricultural screening thresholds that the Government has put in place to deliver better scrutiny and transparency around foreign investment into Australia's agricultural sector.
On 1 July 2015 the Government established a register of foreign ownership of agricultural land operated by the ATO.
All existing holdings must be registered with the ATO by 31 December 2015 and any new interests registered within 30 days.
The ATO is collecting information such as the location and size of the property and size of the interest acquired.
The Government is also working with the states and territories to use their land titles data to expand the register in the future.
For the first time, the land register will provide a clear picture on the actual levels of foreign ownership of agricultural land in Australia.
This package of legislation ensures that we continue to welcome foreign investment while having the capacity to monitor activity and ensure compliance. In doing so, these measures will ensure that continued foreign investment in Australia will benefit all Australians and our future generations.
Fair Work Amendment Bill 2014
THE CFMEU’S campaign against the China-Australia Free Trade Agreement has been exposed as hypocritical with revelations merchandise sold by the militant union is made in China.
The Daily Telegraph can reveal multiple items of supporter merchandise branded with CFMEU logos, which were worn during street protests against the Chinese deal, have been made in that country.
In respect of the specific commitments on temporary entry in this Chapter, unless otherwise specified in Annex 10-A, neither Party shall—
(b) require labour market testing, economic needs testing or other procedures of similar effect as a condition for temporary entry.
… if an employer and union have not reached a negotiated outcome for a greenfields agreement after three months, the employer may …
I'm a massive proponent of free trade, and the benefits of our FTA have been 11 times greater than the most optimistic estimates. The numbers speak for themselves. Having negotiated an agreement that is high quality, you'd like to grab it with both hands. New Zealand will be quite happy to do it if you don't.
That the Senate take note of the answers given by the Minister for Employment (Senator Abetz) and the Minister for Human Services (Senator Payne) to questions without notice asked by Opposition senators today.
This has nothing to do with the governing of Australia. This is the promotion of Malcolm Turnbull. He couldn’t work with the team.
I will never, ever, ever vote for Malcolm Turnbull ... Malcolm Turnbull has never put a team together, he cannot work with a team.
This is a disgrace. Malcolm Turnbull should resign from parliament. He should have done it a long time ago.
I believe politicians should aim to be accurate and truthful ...You can be truthful and inaccurate but what you shouldn't be doing at any time is saying things that are untrue or making commitments that you have no intention of honouring.
That the Senate take note of the answer given by the Minister for Human Services (Senator Payne) to a question without notice asked by Senator Whish-Wilson today relating to free trade agreements.
That the Senate take note of the report.
That the Senate take note of the document.
That the report be adopted.
That the Senate take note of the document.
That the Senate take note of the report.
International Aid (Promoting Gender Equality) Bill 2015
That the Senate take note of the report.
Iraq, Syria, Afghanistan and operations in the Middle East (made in the House of Representatives on 16 September 2015)
Australia’s response to the Syrian humanitarian crisis (made in the House of Representatives on 16 September 2015)
That the Senate take note of the documents.
That the Senate notes the economic, social and other benefits of motorsport in Australia.
… highlights the importance of the motor sport industry to Australia, by estimating the economic contribution, value add and employment of the industry in 2013. This study also estimates other key measures, such as the number of participants, clubs and venues across Australia.
I've visited a few hospitals in Australia and it's in those places that I've seen people who were much less fortunate than me. People for whom every day is a struggle. As I started to do well out of my own profession, it made me want to give something back and to help people back home. I don't like to shout about it, but that's my philosophy and that's what I'll continue to do.
It was totally partisan, totally political and less than objective conduct.
Are you able to tell me whether this correspondence was considered by that review?
It was provided to the review and we considered all the correspondence that was provided …
This inquiry has unearthed a pattern of concerning behaviour from the Attorney-General and his department.
Law Enforcement—Joint Statutory Committee—Examination of the annual report of the Australian Federal Police 2013-14—Report. Motion of Senator Urquhart to take note of report agreed to.
Treaties—Joint Standing Committee—153rd report—Treaties tabled on 16 June and 23 June 2015. Motion of Senator Ruston to take note of report agreed to.
Legal and Constitutional Affairs References Committee—Matter of a popular vote, in the form of a plebiscite or referendum, on the matter of marriage in Australia—Report. Motion of the chair of the committee (Senator Lazarus) to take note of report agreed to.
Community Affairs References Committee—Impact on service quality, efficiency and sustainability of recent Commonwealth community service tendering processes by the Department of Social Services—Report. Motion of the chair of the committee (Senator Siewert) to take note of report agreed to.
Legal and Constitutional Affairs References Committee—Handling of a letter sent by Mr Man Haron Monis to the Attorney-General—Report. Motion of the chair of the committee (Senator Lazarus) to take note of report debated and agreed to.
Treaties—Joint Standing Committee—151st report—Treaty tabled on 28 October 2014. Motion of Senator Canavan to take note of report agreed to.
Law Enforcement—Joint Statutory Committee—Inquiry into financial related crime—Report. Motion of Senator Singh to take note of report agreed to.
Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru—Select Committee—Taking responsibility: conditions and circumstances at Australia's regional processing centre in Nauru—Report. Motion of Senator Gallacher to take note of report debated. Debate adjourned till the next day of sitting, Senator Carr in continuation.
Economics References Committee—Future of Australia's naval shipbuilding industry—Interim report. Motion of Senator Canavan to take note of report called on. On the motion of Senator McEwen the debate was adjourned till the next day of sitting.
Environment and Communications References Committee—Regulation of the fin-fish aquaculture industry in Tasmania—Report. Motion of the chair of the committee (Senator Urquhart) to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
Economics References Committee—Future of Australia's automotive industry—Interim report. Motion of Senator Carr to take note of report agreed to.
Community Affairs References Committee—Out of home care—Report. Motion of the chair of the committee (Senator Siewert) to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
Finance and Public Administration References Committee—Domestic violence in Australia—Report. Motion of the chair of the committee (Senator Gallagher) to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
Community Affairs References Committee—Availability of new, innovative and specialist cancer drugs in Australia—Interim report. Motion of Senator McEwen to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru—Select Committee—Report. Motion of Senator McEwen to take note of report agreed to.
Economics References Committee—Future of Australia's naval shipbuilding industry: Long-term planning (part 3)—Report. Motion of Senator McEwen to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
Foreign Affairs, Defence and Trade References Committee—Use of unmanned air, maritime and land platforms by the Australian Defence Force—Report. Motion of the chair of the committee (Senator Gallacher) to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
Foreign Affairs, Defence and Trade References Committee—Blind agreement: reforming Australia's treaty-making process—Report. Motion of the chair of the committee (Senator Gallacher) to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples—Joint Select Committee—Report. Motion of Senator Peris to take note of report agreed to.
Community Affairs References Committee—Adequacy of existing residential care arrangements available for young people with severe physical, mental or intellectual disabilities in Australia—Report. Motion of the chair of the committee (Senator Siewert) to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
National Broadband Network—Select Committee—Second interim report—Government response. Motion of Senator McEwen to take note of document called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
Legal and Constitutional Affairs References Committee—Ability of Australian law enforcement authorities to eliminate gun-related violence in the community—Report. Motion to take note of report called on. Debate adjourned till the next day of sitting, Senator Ruston in continuation.
Finance and Public Administration References Committee—Domestic violence in Australia—Interim report. Motion to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
National Broadband Network—Select Committee—Second interim report. Motion to take note of report called on. Debate adjourned till the next day of sitting, Senator McEwen in continuation.
National Disability Insurance Scheme—Joint Standing Committee—Progress report—Implementation and administration of the National Disability Insurance Scheme—Government response. Motion of Senator Siewert to take note of document agreed to.
Abbott Government's Budget Cuts—Select Committee—First interim report. Motion of Senator Bilyk to take note of report agreed to.
Legal and Constitutional Affairs References Committee—Incident at the Manus Island Detention Centre from 16 February to 18 February 2014—Interim and final reports. Motion of Senator Bilyk to take note of reports agreed to.