Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

Employees may not be better off if they are not in a position to improve over and above the prevailing terms and conditions, and we have canvassed that. That is clearly a deficiency in the bill. It is not so much a deficiency; I think it is a deliberate position in the bill that would mean that workers are not able to improve their wages and conditions over a period of time.

I want to get back to another issue. Last night you did not answer my question about whether the union could take the employer to the Fair Work Commission to seek a bargaining order at the end of the notified negotiating period. In the ordinary course of events, a bargaining order can be granted by the Fair Work Commission if a bargaining representative has not met the good faith bargaining requirement. If a bargaining representative has breached a bargaining order, will the Fair Work Ombudsman be able to take legal action against the bargaining representative after the notified negotiating period has concluded?