Andrew Murray (WA, Australian Democrats) Share this | Hansard source

I too, on behalf of the Australian Democrats, will not be supporting those amendments which seek to make legal agreements retrospective. I have sympathy for the point made by Senator Siewert, because the legislation does introduce a situation where there are two classes of employees—those with better conditions under the new fairness test and those with conditions that applied previously—but in law it is extremely unwise to introduce an unwinding of an existing contract unless both sides agree. Of course, it is still open for employers and employees to do that and to pursue a new agreement.

However, Mr Chairman, I ask you to put the question with respect to the $75,000 salary cap separately. Whilst I disagree with retrospectivity, I agree that there should be no cap. I find the cap arbitrary. For instance, in its latest rendition of the tax rates, the government has decided that $80,000 will be the upper level of middle-income earners. We supported that particular movement. They have shifted the tax threshold from $75,000 to $80,000. I do not know what $75,000 attaches to. It seems to be an arbitrary cut-off and I think it will result in some disadvantages which should not be there. I think it would be preferable if there were no cap or if the cap were articulated properly, which it has not been. So I would appreciate it if that particular amendment could be put separately from those which make for retrospectivity.