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

I will go back to the primary position, which I am sure you understand, and it has probably been articulated to you before today. The government’s intention is clear. It is set out in the request under the existing section 576C to the Industrial Relations Commission, as it is now, in (1), (2) and (3), right through, dealing with a whole range of issues. Not only is the aim of the award modernisation process to create a comprehensive set of modern awards as set out in section 576A of the act but in addition it must be simple to understand and easy to apply and must reduce the regulatory burden on businesses. There is a range of other provisions, including:

(c)

must be economically sustainable, and promote flexible modern work practices and the efficient and productive performance of work; and

       …         …         …

(e)

must result in a certain, stable and sustainable modern award system for Australia.

It also deals with the creation of modern awards. It is not intended to—and we have dealt with this one—(c) disadvantage employees or (d) increase costs for employers. It deals with the performance of functions by the commission in section 3 and a range of other provisions, including consultation. It says:

The President will consult with the Australian Fair Pay Commission and State industrial tribunals as appropriate.

That is the clear position, as articulated by Ms Gillard, the Minister for Employment and Workplace Relations, pursuant to section 576C(1) of the Workplace Relations Act. As I have indicated, it will continue under the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009.