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

The government does note the concerns raised before the Senate inquiry into the bill about the requirement for the commission to ensure that modern awards do not contain state based differences and to ensure that they are removed within five years. Our view is that the section would not prevent the commission including in awards terms and conditions that are appropriate and are based on objectively ascertainable regional circumstances, based on the evidence of the parties that such a term or condition is necessary to ensure a fair minimum safety net.

It is appropriate, however, that new modern awards operating in a national system should not replicate state based differences from old awards that exist merely as a matter of historical circumstance. I note that the government has allowed for the commission to include transitional arrangements in modern awards to deal where necessary with issues such as these.