Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Hansard source

I might answer in two ways. The first is, of course, that the commission's required to consider all of the matters that it's required to consider, including a public interest requirement. The amendment would add a new subparagraph to paragraph 249(1)(b), which contains the factors of which the Fair Work Commission has to satisfy itself before making a single interest employer authorisation in relation to a proposed agreement. So the new subparagraph would require the commission to be satisfied that, in respect of each employer, it is a common interest employer and the operations and business activities of that employer are reasonably comparable with those of other employers that would be covered by the proposed agreement that relates to the single interest employer authorisation. So, employers of different size and scale might, depending on all the circumstances, be found to have clearly identifiable common interests for the purpose of bargaining together. The amendment would ensure that the Fair Work Commission must be also satisfied the operations and business activities of an employer are reasonably comparable with the other employers. It may be open to the commission to conclude that, despite two employers of a similar size, scope and scale operating in the same industry, they are not reasonably comparable. That is open to the commission, once the full extent of their business activities and operations are considered.