Julia Gillard (Lalor, Australian Labor Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

My question is again to the Minister for Employment and Workplace Relations. I refer the minister to the new so-called fairness test for workplace agreements that commenced at 12.01 am yesterday. Minister, if an employee agrees to take a job for a rate of pay that is higher than the award but the agreement is void because it does not pass the workplace authority’s so-called fairness test, is the employee still entitled to that higher rate of pay?

Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source

If it fails the fairness test, the two parties will have 14 days to continue to negotiate and come to an agreement. If they fail to come to an agreement then the AWA is declared void and they revert back to the award, where they will get penalty rates.

Julia Gillard (Lalor, Australian Labor Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

Ms Gillard interjecting

Joe Hockey (North Sydney, Liberal Party, Minister Assisting the Prime Minister for the Public Service) Share this | Link to this | Hansard source

Mr Hockey interjecting

David Hawker (Speaker) Share this | Link to this | Hansard source

Order! Members are holding up question time.