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

In relation to your political comment, Senator Watt, I would say that you have done a deal with the Australian Greens to get this legislation through. That is in the public. Therefore it is appropriate I ask questions in relation to the deal that has been done so we get an understanding as to the impact of the deal on the legislation. Given the press release and your statements, and given the concerns that have been raised by employers—as I said, there is the original draft; there is the agreement with employers in relation to the better off overall test changes; there are the statements made by Minister Burke in his second reading speech. Then jump forward to but a few days ago, and there is an announcement of a deal. Employers have expressed their disappointment. In particular, there didn't appear to be statements made by Mr Burke in relation to the deal struck that had been with the Australian Greens but for the press release issued by Mr Bandt. Based on the Greens' statement, the issue of prospective employees would remain. I'm still struggling to understand. You're saying they're wrong and you're right. If we could perhaps turn to two case studies, I think the case studies will take us through what actually will be in and out.

The first case study is in relation to the 2019 Officeworks case. I know the department and the ministerial advisers will know the Officeworks case. The 2019 Officeworks enterprise agreement provides a compelling example of where process prevails over substance. After objections were lodged by one union, the Fair Work Commission asked Officeworks to provide undertakings of a cold work allowance and a liquor licence, despite the fact these have nothing to do with the Officeworks business. This is for an agreement which was voted on by more than 80 per cent of eligible employees, with 97 per cent voting in favour of the agreement.

This is one example of what had become too common when seeking to have enterprise agreements approved. I think that would have been raised with you by employers, because the Officeworks case is one of the most famous cases when it comes to being asked to provide an undertaking about a cold work allowance and a liquor licence, despite the fact that it had nothing to do with your business, the fact it was voted on by more than 80 per cent of eligible employees, and of that 80 per cent 97 per cent voted in favour. Would the changes proposed by the government to the BOOT mean that the Fair Work Commission would now find this decision differently?