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

The opposition also opposes this amendment. In opposing it, let me make the observation that it is regrettable—but it is a part of the system—that employer and employee organisations are automatically entitled to be represented whereas individuals are not. In the totality of the scheme, I do not think that is appropriate. The minister is right. Fair Work Australia does have the capacity or discretion to allow representation. I trust that they will allow that representation to be exercised on as many occasions as possible. There is no reason or rationale why only community legal centre lawyers should be exempt from leave. Why should it not be the same for a local suburban lawyer who sees the injustice in a particular case—be it for a small business or, indeed, for an employee—and says, ‘I feel so aggrieved on your behalf that I am willing to do this pro bono or on the cheap’? Why should it not be the case for any agent who could have the capacity to be paid but who decides to do it pro bono or on the cheap? Just because you are in a particular category, it does not justify the exemption being sought. Therefore, the opposition opposes this amendment.

Question negatived.

Bill, as amended, agreed to.

Bill reported with amendments.