Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

she will be more than gainfully employed as a cherry picker, because all I would invite her to do is have a look at pages 205 and 206 of the Fair Work Act review panel report in relation to this matter.

If everything were so good in relation to the current transfer-of-business regime, why would this hand-picked panel with few terms of reference nevertheless make recommendation 38? In relation to what the test ought be, we make no apology that we believe that the collective wisdom of the High Court in this area was a collective wisdom that should not be thrown out and scoffed at as lightly as the minister has done just now, and as Mr Shorten and Ms Gillard have in relation to the legislative framework. We make no apology for saying we believe the High Court—ultimately, the highest independent umpire in the country—got the balance right. Labor can say Ms Gillard and Mr Shorten, both previously trade union operatives, have got the balance right between themselves, or that the High Court actually might have got the balance right. Chances are, most Australians would take a punt on the High Court having got it right, rather than Ms Gillard and Mr Shorten.

If the recommendations of the panel were to be implemented, would employees in state governments who take a voluntary redundancy be covered by this bill, or would the requirements of a transfer, as defined in the bill, not be met?