Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

I was not necessarily going to respond to that, Mr Temporary Chairman. The simple fact is that the agreement is one the employee was happy with in the first place. It goes to the Workplace Authority Director, and the Workplace Authority Director will not be saying, ‘You have to work an extra hour,’ or, ‘You can no longer pick up your kids from school,’ or whatever else. It is in fact enhancing the conditions of the employee. That is what would be happening if the determination were made that it was unfair. As I stressed before, the test of unfairness does not relate to the employer; it only relates to the employee. Therefore, if it is deemed to be unfair, the employee will only be able to walk out with extra and enhanced conditions that he or she previously did not enjoy.