Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

On behalf of the government, I indicate that we are opposed to these amendments. What the opposition seeks to do is impose an additional requirement that special low-paid workplace determinations can only be made where all bargaining representatives agree fundamentally. That undermines the whole concept of the provisions here. These determinations are for the purpose of allowing Fair Work Australia to resolve a deadlock in bargaining where the parties are genuinely unable to reach agreement. The threshold high jump for this is already very high. It can only be made where strict criteria are met. They include the terms and conditions of employers to be covered by the determination, a substantially equivalent safety net, that making a determination will promote future bargaining and productivity and efficiency in enterprise, and that it is in the public interest to make the determination. This, in a very small number of cases, allows Fair Work Australia to resolve a situation where there has not been bargaining in good faith and gives effect to the intention of this stream—to provide some protection for those particularly low-paid workers to get some justice in terms of their wages and conditions. So it is a very important part of the legislation. Certainly, it is one of the pieces of the legislation that I am personally most committed to. It is fortuitous that Senator Ludwig wanted a break when this clause was being considered because I am very pleased to be associated with the government’s position on this particular area. I think it is very important that the opposition amendments be defeated because they would undermine fundamentally what is a very important initiative as part of this legislation.