Corporations Amendment (Strengthening Protections for Employee Entitlements) Bill 2018

Supplementary Explanatory Memorandum

(Circulated by authority of the Assistant Treasurer, the Hon Stuart Robert MP)
Amendments to be moved on behalf of the Government


1.1 The amendments add registered organisations (ROs) who are entitled to represent the industrial interests of employees of a company to the list of persons who can commence civil recovery action for compensation under Part 5.8A of the Corporations Act 2001.

1.2 ROs will be able to seek compensation for employees who are members of the RO and other employees whose industrial interest the RO is entitled to represent and who want the RO to represent them.

1.3 ROs will be limited to taking the employee action and can be added to other parties' civil recovery action under Part 5.8A of the Corporations Act 2001. ROs and employees will not be able to commence a civil recovery action if another action is already underway.

1.4 The amendments do not engage and are therefore compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.