Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

This amendment was moved the last time we met, and I put on record at that time the government's concerns in relation to this amendment. Basically, as I said in relation to the reverse onus, there were significant issues that the government had with it in relation to, in particular, the situation whereby an employee made a false allegation against an employer. What this amendment would have effectively done is created the impossible situation where an employer would be responsible for an inaccurate claim made by an employee. The example I gave on the Hansard record last time the amendment was debated was in the case of a claim to working certain hours or days that were not actually worked, and an employer will obviously have no records at all and no ability to disprove the allegation. I am pleased, though, that the opposition has come to the Senate today with an amended version of their amendment. The government still will not be supporting it, because of the issues that we still have with it. In relation to the taking out of 'exceptional circumstances' and the insertion of 'provides a reasonable excuse as to why there has not been compliance', this certainly does go part of the way to addressing the concerns that the government has had.