Senate debates

Thursday, 8 February 2024

Bills

Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023; In Committee

1:04 pm

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

There were some other questions in relation to when a pattern of work is absolutely uniform, which could lead to an employee being classified as permanent, and when it is not absolutely uniform. In relation to the proposed section 15A(2)(a) in item 1, it requires characterisation of an employment relationship to be determined by reference to its 'real substance, practical reality and true nature.' The question that's being asked there is: Are these three concepts intended to be synonymous or distinct? If distinct, what are the intended differences between the three?

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