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

Well, thank you, and there is, and that is why I asked the question. Based on the new test that you are applying, and looking at the Officeworks enterprise agreement and the 2019 case, you've just said you can't rule it in or out, and that's the issue that I have. The explanatory memorandum looks like it rules it out. You're saying you can't, that it's at the discretion of the Fair Work Commission. This is actually one that you own. It is in your own explanatory memorandum. On that basis, my understanding is that you would no longer need to give an undertaking in particular about, for example, the holding or a liquor licence and work in a cool room despite the enterprise not serving liquor or having a cool room. On that basis, we could all agree that the Officeworks case would be decided differently.