Eric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

Without delaying any further, any advice that the minister gets and cares to share with me tomorrow would be helpful in that regard. The clause that the minister read out, interestingly, as I heard it, had the words ‘has made’. When it says ‘employer has made’, that suggests that the change has already been made, whereas in this we are talking about changes that are ‘likely to have a significant effect’, and that suggests the future. That is the bind that I foresee employers being in. Requiring them to consult after a decision has been made as to how it will all work out makes good sense—I agree with that—but requiring them to consult beforehand, in circumstances where that could impact on the share price, would mean they would be between two Commonwealth laws.

In relation to the impact of an award, if it were simply an award that said it, that would be fine. But the problem is that this legislation is also Commonwealth legislation and is mandatory inasmuch as it says—without limiting a certain paragraph—‘a modern award must include’, and then there is the provision. So that award will be clothed with the authority of a Commonwealth piece of legislation which actually mandates it. Therefore, I am not sure that the argument of the minister would be upheld. Having said that, if the government has good advice for us tomorrow, I am more than open to reconsider my position. That is all I have to say. I suggest we move to the vote.