Chris Ketter (Queensland, Australian Labor Party) Share this | Hansard source

I hear some people asking if that were a fair swap. One might say that if these sorts of changes are introduced by way of agreement at a workplace level that it is up to individuals to decide whether they accept these types of arrangements or reject them. I will come back to this later, but I think this goes to the fact that there is a pretty fundamental power imbalance at work in most places between the employer and the employee. We know from our experience with Work Choices that employers are able to take advantage of that power imbalance which exists.

Let's just have a closer look at this Spotlight agreement, because I think it is informative of the attitude behind this government's desire to take us back to individual bargaining. This particular enterprise agreement was supported by the National Retail Association at the time, which was quite aggressive in its approach. In fact, it held out this particular AWA as something which other employers in the industry should follow the lead of. In fact, they described it as being 'innovative and smart in a tight Labor market'. That is the attitude of employer organisations to this sort of thing.

But what were the award conditions which were varied in this particular situation? I touched on a couple of them, but there were other things as well, such as the right to rest breaks. This particular AWA explicitly called out, in clause 20, the fact that it expressly excluded the operation of a number of award conditions. Rest breaks were one of those. I can assure you, Madam Acting Deputy President, that it is one of those important conditions in the retail industry. One may not be able to put a monetary value on the provision of rest breaks, but when you are on your feet throughout the course of the day and you are working in what is basically a very physical occupation then rest breaks are an important provision. I would be concerned, in the current context before us, that these would be the sorts of conditions which would be vulnerable under a revamped IFA provision.

Going back to the Spotlight agreement, it took away annual leave loading—that is one which can be quantified—but it was expressly excluded under the AWA. Also excluded were public holiday provisions, loadings for working overtime or shiftwork and penalty rates, including for work on public holidays. All of those provisions were excluded from— (Time expired)

Debate adjourned.