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

There is a very good reason section 186(2AA) refers to employers, and that's because it relates to the existing section 186(2)(b). That existing provision provides that in order to approve a multi-enterprise agreement, the Fair Work Commission must be satisfied that:

(i) the agreement has been genuinely agreed to by each employer covered by the agreement; and

(ii) no person coerced, or threatened to coerce, any of the employers to make the agreement …

Given that the focus of 186(2)(b) in the existing legislation is on the behaviour or mind of employers, that's why section 186(2AA) also deals with employers. There is no reference in the current section 186(2)(b) to employees or to unions; it's focused on employers. That's why 186(2AA) also refers to employers. If, as I think you're suggesting, this new provision were to also refer to employees, it would be completely meaningless, because it connects back to 186(2)(b), which is all about employers.