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

Thank you, Senator Cash. Again I make the point that the government is approaching this from the interests of employers, employees and unions, not just one group in this debate or in a workplace. It arises from the new clause as to whether common interest bargaining can occur and what constitutes a common interest employer. Section 249(3) says that the requirements of this subsection—which opens up common interest bargaining—are met if:

(b) the employers have clearly identifiable common interests;

Then subsection (3C) says:

For the purposes of paragraph (3)(b), matters that may be relevant to determining whether the employers have a common interest include the following:

(a) geographical location;

(b) regulatory regime;

(c) the nature of the enterprises to which the agreement will relate, and the terms and conditions of employment in those enterprises.

Again, this is a matter that is up to the commission to exercise its discretion in determining whether employers have clearly identifiable common interests. Guidance is provided to the commission via subsection (3A) as to what may be relevant in determining whether employers have a common interest.

You will have followed the public debate about this, and I've seen various opposition senators, including yourself, Senator Cash, put up nonsensical examples which are designed to scare employers and employees about the operation of this legislation. People are suggesting that a small corner shop might be roped in, to use your language, to some sort of a common interest bargain with Woolworths. Complete nonsense. I find it impossible to believe that any commission exercising its discretion would decide that Woolworths or Coles or Aldi or any of the big chains have common interests to a corner store that might employ two people. Similarly, I've heard wild claims made by members of the opposition that a large cafe somewhere outside Melbourne might be roped into a the same bargain as a small cafe in Cairns. Again, it's a matter for the discretion of the commission, but I find it impossible to believe that those sores of nonsensical, wild claims that have been made by members of the opposition, designed to scare people, would stand up on any fair reading of this subsection by the commission.