Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

Senator Cash, I don't know whether we might actually be working from slightly different versions of the revised explanatory memorandum, but the point that I think you're making relates to clause 1082, at least in the version that I'm looking at, which states:

Overall, new subsection 250(3) would provide the FWC discretion to refuse an application for a single interest employer authorisation, even if the requirements in new subsection 249(1) are met, if the FWC is satisfied that the authorisation should not be made having regard to current bargaining. The subsection would uphold and respect the ability of an employer to bargain with relevant employees in appropriate circumstances.

Again, what constitutes appropriate circumstances is a matter for the commission. That is entirely consistent with the approach that the existing legislation provides.