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

I'm sorry to disappoint you, because I know that this will take the wind out of one of your other scare campaigns that you have been trying to run, but you would be aware that, in addition to the common interest point that was already provided by the draft bill, one of the amendments that will be moved, following the negotiations with Senator David Pocock, is, if you like, an additional test that would need to be satisfied. This test is that employers must be reasonably comparable to be covered by the same proposed agreements. And, again, in the supplementary explanatory memorandum, which has been tabled, it explains some of the new amendments that are being proposed. What we have said at paragraph 71 is:

Employers of very different size, scope and scale might, depending on all the circumstances, be found to have clearly identifiable common interests for the purpose of bargaining together. This amendment would ensure that the FWC must also be satisfied that the operations and business activities of an employer are reasonably comparable with the other employers. It may be open to the Fair Work Commission to conclude that despite two employers of a similar size, scope and scale operating in the same industry, they are not 'reasonably comparable' once the full extent of their business activities and operations are considered.

So, no, Senator Cash, the example that you've provided would almost certainly not pass the tests that are being provided for, both by the original amendment that was contained in the draft bill and by this new amendment, which will also require businesses to be reasonably comparable. So I'm sorry to disappoint.