Senate debates

Wednesday, 30 November 2022

Bills

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022; In Committee

7:24 pm

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

If I could, I will just, then, go back to item 636A of the bill. As I said, it provides that the Fair Work Commission may make a single-interest employer authorisation that does not specify particular employees if Fair Work is satisfied that—and we've gone through section (b)—the employers and the relevant employees have a history of effectively bargaining. Can the minister guarantee that businesses—again, I need this for statutory interpretation purposes—who can demonstrate a history of bargaining with employees at the enterprise level and who wish to continue to do so will not be roped into multi-employer bargaining because of a rigid and impractical application of a history-of-effectively-bargaining test by the Fair Work Commission, given your comments that: 'The government does not specify each detail the Fair Work Commission needs to take into account'? This is the whole point.

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