Wednesday 21 July 2010

So this is what Abbott's tweaking at the edges looks like


Opposition Leader Tony Abbott says that an election promise which will change the Commonwealth Electoral Act 1918 to remove an obligation set out in Fair Work legislation is not changing the Fair Work Act, so he wasn't lying to the Australian people 5 days ago when he said "an incoming Coalition government would not seek to change the Fair Work Act at least for the three years of the next term of Parliament."
Today's effort was a clumsy sophism; "This is a savings measure and it will be achieved by amending the electoral act. It does not require any change to the Fair Work Act."
This is how one section of the Fair Work Act would probably read under an Abbott Government.
Looks mighty like change to me!

Fair Work Act 2009

Subdivision FLiability for costs of protected action ballot

464 Costs of protected action ballot conducted by the Australian Electoral Commission

(1) This section applies if the protected action ballot agent for a protected action ballot is the Australian Electoral Commission.

(2) The Commonwealth is liable for the costs incurred by the Australian Electoral Commission in relation to the protected action ballot, whether or not the ballot is completed. [superseded]

(3) However, except as provided by regulations made for the purposes of subsection 466(1), the Commonwealth is not liable for any costs incurred by the Australian Electoral Commission in relation to legal challenges to matters connected with the protected action ballot. [superseded]

UPDAAATE!
I see that someone in the blogosphere has begun to put about the story that Tones was only talking about general union elections and not protected ballots so that didn't involve changing Fair Work law at all.
But if one goes to the AEC website this pops up:
"Under the Fair Work (Registered Organisations) Act 2009 (the Act), the AEC must conduct all elections for office in registered organisations unless an exemption has been granted by the Fair Work Australia. This includes all elections and amalgamation ballots for trade unions and employer organisations that are registered under the Act. These elections are usually conducted by means of postal voting, and a wide variety of electoral systems are used."
Yep, Tones is really out to change Fair Work law.

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