Jacinta Collins (Victoria, Australian Labor Party) Share this | Hansard source

On behalf of Senator Evans, I can indicate the government’s position on this amendment. We will oppose the amendment. The Australian Industrial Relations Commission is required by the award modernisation request of the Minister for Employment and Workplace Relations to take into account the intention that modern awards not increase costs for employers or disadvantage employees. This enacts the commitment that, indeed, the Deputy Prime Minister has made. The transitional and consequential bill which was introduced yesterday provides for the Australian Industrial Relations Commission to continue and to complete the award modernisation process. We are indeed, Senator Abetz, dealing with the award modernisation process here rather than the ongoing basis for modern awards, which is our difficulty with your amendment.

The Australian Industrial Relations Commission is required to comply with the award modernisation request and to take into account the intention that modern awards not increase costs for employers or disadvantage employees. The appropriate stage for these considerations is the process being undertaken by the commission in making modern awards. These considerations are of primary importance when rationalising a large number of instruments, both federal awards and notional agreements preserving state awards. Modern awards will commence on 1 January 2010. The commission will have completed making modern awards by that time.

Although the bill does not prescribe the opposition’s proposed objective, the bill provides a modern awards objective which is balanced, comprehensive and appropriate. The modern awards objective was considered by both employer and employee representatives as part of the considered process of the Senate Standing Committee on Education, Employment and Workplace Relations for the Fair Work Bill 2008. The modern awards objective appropriately includes considerations to ensure both employees and employers benefit from a safety net which is fair and relevant. Indeed, as I highlighted, the request to the Australian Industrial Relations Commission meets the Deputy Prime Minister’s commitment which you are seeking to deal with in this matter.