Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

Thank you. That does provide further guidance for business. I do appreciate that. The issue is if it is not determined at the time the shift is offered what the employee will be doing on that particular day, but, for example, they would normally work in a confined space, they would normally work in a cold space or in a hot space, but it's not an everyday occurrence, so there is still an element of, 'We may have to decide on the day.' So the shift has been offered—subject to not actually knowing what they'll do on the day—and the employee has accepted the shift, so tick, tick. However, they then have to take the paid family and domestic violence leave. The very genuine issue raised by employers is: how do I know whether or not, in determining that rate of pay, I should factor in the allowance or not? The reason being that if I get it wrong I'm now subject to a penalty.