Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

Just to be correct about that, they can order to restore lost pay. I am looking at the Fair Work Bill 2008, page 326, under 392(3):

If FWA makes an order under subsection (1) and considers it appropriate to do so, FWA may also make any order that FWA considers appropriate to cause the employer to pay to the person an amount for the remuneration lost, or likely to have been lost, by the person because of the dismissal.

So it is conditional upon remuneration lost. That is where I went back to the earlier provision as to what the instrument had in it to determine whether or not it was part of their remuneration, part of their enterprise agreement. All being equal, and where it is not part of their agreement or part of their provision, it would be unlikely to be included in that provision. In other words, they could not restore the person or pay those costs if they were costs that were in futuro, if they were going to have to be undertaken. The bill says:

In determining an amount for the purposes of an order under 14 subsection (3), FWA must take into account ...

It shows the matters it takes into account. It does not to say that it can pay the costs of relocation in those circumstances.