Page 1034 - Week 04 - Thursday, 7 May 2020

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Schedules of amendments

Schedule 1

Human Rights (Workers rights) Amendment Bill 2019

Amendments moved by the Minister for Justice, Consumer Affairs and Road Safety

1

Clause 4

Proposed new section 27B heading

Page 2, line 11—

omit the heading, substitute

27B  Right to work and other work-related rights 

2

Clause 4

Proposed new section 27B (3) to (5) and note

Page 2, line 17—

omit proposed new section 27B (3) to (5) and note, substitute

(3) Everyone has the right to form or join a work-related organisation, including a trade union, with the objective of promoting or protecting their economic or other social interests.

(4) Everyone has the right to protection against acts of anti-union discrimination in relation to their employment.

(5) Everyone is entitled to enjoy these rights without discrimination.

Examples—discrimination

discrimination because of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, disability or other status

Note 1  Section 28 sets out what must be considered in deciding whether a limit on rights is reasonable.

Note 2  Aspects of rights under this section are considered at international law to be subject to an obligation of progressive realisation.

Note 3  An international law relevant to interpreting progressively realisable rights is Article 8 (4) of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. That article provides for consideration of the reasonableness of steps taken to progressively realise rights and notes that a range of possible policy measures for the implementation of rights may be adopted.

3

Clause 5

Proposed new schedule 2, item 2

Page 3, line 8—

omit proposed new schedule 2, item 2, substitute

Note  The primary source of the right in s 27B (4) is the International Labour Organisation Right to Organise and Collective Bargaining Convention, art 1.

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