Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

Senator Siewert, I do have some notes here. Perhaps I can read them and then you can indicate if this addresses sufficiently the issues you raise. I think you asked how this amendment would prevent employers from terminating an employee’s employment for the purpose of re-engaging them on an ITEA. The government has now passed an amendment that will enable eligible employees to make ITEAs with previous employees following concerns expressed to the Senate committee. ITEAs would not be available in circumstances where the employee’s employment was brought to an end for the purpose of re-engagement on an ITEA. If this occurred, a fundamental requirement for the ITEA would not have been met; and, if lodged, the document could not operate as a workplace agreement. This is a result of other changes the government is making in the bill—in particular the new section 347A—to ensure that only genuine workplace agreements operate. An employee whose employment was terminated because the employer wanted to re-engage the employee on an ITEA could have remedies under the freedom of association provisions of the act. I will pause here to see if Senator Siewert needs any further information on this issue.