The Ensuring Integrity Bill is the name given to three bills introduced into the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-g ...
:
*''Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017'', a bill first introduced by the
Turnbull government in 2017, lapsed on 1 July 2019
*''Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019'', a re-introduction of the bill in July 2019 by the
Morrison government
The Morrison government was the federal executive government of Australia, led by Prime Minister Scott Morrison of the Liberal Party of Australia, between 2018 and 2022. The Morrison government commenced on 24 August 2018, when it was sworn ...
, defeated on 28 November 2019 in the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
*''Fair Work (Registered Organisations) Amendment (Ensuring Integrity No. 2) Bill 2019'', a re-introduction of the bill in December 2019 by the Morrison government, after the previous one was defeated a few days prior. Third reading was agreed to in
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
on 5 December 2019.
In May 2020, the bill was shelved by the government.
[
The bill proposes to:
* give the ]Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
power to cancel the registration of a registered organisation (that is, a union or an employer organisation) or disqualify office-holders from holding an office within an organisation;
* introduce offences for acting as an officeholder while disqualified; and
* introduce a public interest test for the amalgamation of registered organisations.
2017 Bill
First 2019 Bill
The first 2019 bill was introduced at the start of the 46th Parliament in July 2019, in the aftermath of the Royal Commission into Trade Union Governance and Corruption
The Royal Commission into Trade Union Governance and Corruption was a Royal Commission established by the Government of Australia to inquire into alleged financial irregularities associated with the affairs of trade unions. The Australian Worker ...
and particularly the revelation of misconduct within the Construction, Forestry, Maritime, Mining and Energy Union
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU, though most commonly still referred to as CFMEU) is Australia's main trade union in construction, forestry, maritime, mining, energy, textile, clothing and footwear producti ...
(CFMEU). John Setka
John Setka (born September 1964) is an Australian trade unionist and professional cyclist. He is the Victorian state secretary of the Construction, Forestry, Maritime, Mining and Energy Union.
Biography
John Setka was born to a Croatian laboure ...
, the Victorian Secretary of the CFMEU, was asked to be expelled from the Australian Labor Party
The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms ...
, and even resign as head of CFMEU Victorian branch, over alleged comments against "anti-violence campaigner Rosie Batty".
Crossbencher Senator
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
Jacqui Lambie
Jacquiline Louise Lambie (born 26 February 1971) is an Australian politician who is the leader and founder of the Jacqui Lambie Network (JLN). She is a Senator for Tasmania since 2019, and was previously a Senator from 2014 to 2017.
Lambie, an ...
has threatened to vote for the bill if Setka did not resign from the CFMEU Victoria branch, to the point that she invited Setka over to her Tasmanian home for Sunday roast, in a bid to convince Setka to resign.
Labor
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the labour ...
and the Greens were opposed to the bill. This left the deciding power to the other five crossbencher senators: Lambie, Centre Alliance
Centre Alliance, formerly known as the Nick Xenophon Team (NXT), is a centrist political party in Australia based in the state of South Australia. It currently has one representative in the Parliament, Rebekha Sharkie in the House of Represent ...
senators Rex Patrick
Rex Lyall Patrick (born 8 May 1967) is an Australian politician who served as a Senator for South Australia from November 2017 until June 2022. He was appointed to the Senate to fill a casual vacancy caused by the resignation of Nick Xenophon. H ...
and Stirling Griff
Stirling Griff (born 2 December 1957) is an Australian former politician who was a Senator
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate ...
, Pauline Hanson's One Nation
Pauline Hanson's One Nation (PHON or ONP), also known as One Nation or One Nation Party, is a right-wing populist political party in Australia. It is led by Pauline Hanson.
One Nation had electoral success in the late 1990s, before sufferi ...
senators Pauline Hanson
Pauline Lee Hanson (''née'' Seccombe, formerly Zagorski; born 27 May 1954) is an Australia, Australian politician who is the founder and leader of Pauline Hanson's One Nation, One Nation, a right-wing populist political party. Hanson has re ...
and Malcolm Roberts.
The government had assumed One Nation would be supporting the bill and would hence ensure its passage in the Senate. However, on 28 November 2019, the bill was defeated in the Senate on a 34–34 tie vote, after One Nation apparently blindsided the government and voted against it. Lambie also voted against it, after her amendments were rejected by the government.
Second 2019 Bill
A few days after the first 2019 bill was defeated, the second 2019 bill was reintroduced into the parliament on 4 December 2019. The third reading was agreed to in the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
the following day on 5 December 2019.[ , the bill is awaiting second debate in the Senate.
]Jacqui Lambie
Jacquiline Louise Lambie (born 26 February 1971) is an Australian politician who is the leader and founder of the Jacqui Lambie Network (JLN). She is a Senator for Tasmania since 2019, and was previously a Senator from 2014 to 2017.
Lambie, an ...
stated in January 2020 that she might consider supporting the bill if her amendments were supported by the government.[ Lambie already had preliminary discussions about her amendments with ]Rex Patrick
Rex Lyall Patrick (born 8 May 1967) is an Australian politician who served as a Senator for South Australia from November 2017 until June 2022. He was appointed to the Senate to fill a casual vacancy caused by the resignation of Nick Xenophon. H ...
, who will likely back the bill in the Senate. Pauline Hanson
Pauline Lee Hanson (''née'' Seccombe, formerly Zagorski; born 27 May 1954) is an Australia, Australian politician who is the founder and leader of Pauline Hanson's One Nation, One Nation, a right-wing populist political party. Hanson has re ...
stated she was open to shifting her position after opposing the previous bill, but would only make the decision after she had seen the updated version of the bill, spoken to Malcolm Roberts and met with all interested parties.
On 26 May 2020, Morrison announced that the government will shelve the bill, Instead, the government will chair five working groups ahead of the budget later that year in October, to try to reach a consensus with unions and employers to change the current industrial relations system. Morrison stated that the current system is "not fit for purpose".
References
{{reflist
Commonwealth of Australia laws
Proposed laws of Australia