As reported in last week’s news update, three pieces of legislation are currently before the senate and scheduled for debate in this parliamentary sitting.

The first Bill to pass, to much fanfare and publicity, was the Fair Work Amendment (Corrupting Benefits) Bill 2017, which will amend the Fair Work Act 2009 and introduce offence provisions around the payment of corrupting benefits (and the receipt of them) as well as ensuring employers and unions being required to disclose financial benefits received as a result of the terms of an enterprise agreement.

The Bill did not pass unamended by the Senate, and it was also opposed by Labor and the Greens. The key changes to the Bill from when it was initially introduced into the Senate was to permit a range of token gifts and benefits of a nominal value to be considered a legitimate payment or benefit for the purposes of the Act. “Nominal value” will be defined as no more than 2 penalty units (currently 1 penalty unit = $210).

It was anticipated that these kind of benefit were seen as part of the extension of common courtesy, where a gift may be provided for speaking at a conference, or catering for enterprise negotiations, which were not intended to be considered corrupting benefits.

The Government also accepted amendments to include reference to dishonesty as being the fault element of the offences relating to corrupting benefits.

Despite the Minister indicating that she had been in negotiations with Shadow Minister Brendan O’Connor to try to negotiate bipartisan support for the Bill, It was ultimately passed with the support of the cross bench (and, as mentioned, opposed by Labor), with the Government making a number of amendments proposed by Senator Leyonhjelm.

A copy of the Bill as passed by both houses is available here. The Bill received royal assent on 16 August 2016.

A more detailed briefing note of the changes is available here.