Fair Work (Registered Organisations) Amendment (Removing Criminals from Worksites) Bill 2024 (No. 2)

High-Level Summary
The bill proposes to amend the Fair Work (Registered Organisations) Act 2009 to disqualify individuals involved in criminal activities from holding office in registered organisations. It aims to improve governance and integrity within these organisations by setting stricter penalties and procedures for disqualification and deregistration.

Summary
The Fair Work (Registered Organisations) Amendment (Removing Criminals from Worksites) Bill 2024 introduces amendments to the Fair Work (Registered Organisations) Act 2009. Key changes include:
  • Disqualification of individuals found guilty of certain offenses, affecting both national offices and branches.
  • Allowing the Federal Court to cancel the registration of organisations engaged in corrupt activities or to issue alternative orders like disqualification of specific officers.
  • Introducing penalties for those attempting to hold office while disqualified and for organisations failing to comply with court orders or engaging in unlawful industrial actions.
From the explanatory memo: 'Overall, this bill seeks to enhance the integrity of registered organisations by removing individuals with criminal backgrounds from leadership positions and ensuring organisations operate within the law.'

Argument For
Normative Bases
  1. Non-Discrimination
  2. Pro-Democracy
  3. Legal Principle

The bill should be supported because it aims to ensure that only individuals who comply with the law can hold leadership positions in registered organisations. This supports the principle of non-discrimination by promoting fair treatment and accountability for all members. By enforcing legal standards and disqualifying those with criminal histories, the bill strengthens democratic governance within these organisations [Judgment]. Furthermore, maintaining the integrity of registered organisations protects the interests of their members and upholds the rule of law.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Egalitarianism

The bill should be opposed because it could disproportionately impact individuals who have served their sentences and are seeking to reintegrate into society. The disqualification of individuals based on past offenses may not consider their rehabilitation or current capabilities, potentially violating egalitarian principles. Additionally, the bill's broad criteria for disqualification might undermine the autonomy of organisations to elect leaders they trust, potentially infringing on their democratic rights [Judgment].


Date:

2024-08-21

Status:

Before Senate

Sponsor:

Unspecified

Portfolio:

Unspecified

Categories:

Labour, Criminal Law Reform, Democratic Institutions

Timeline:
21/08/2024
18/09/2024

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