Senate debates

Tuesday, 18 March 2008

Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008

In Committee

1:07 pm

Photo of Andrew MurrayAndrew Murray (WA, Australian Democrats) Share this | Hansard source

On the same point, it is a standard, indeed basic, legal principle of courts and governments not to seek to overturn contracts between parties by fiat. They will do so by agreement. Sometimes that is unfortunate, but that has always been, as I understand it, a basic legal principle. An important part of what you read out earlier, Minister, the policy which this government holds to, is providing that the continuation of those contracts is with the agreement of both the employee and the employer. My question is: how will you know whether an employee, for instance, might have been placed under duress in signing on to the original agreement and might in fact want out of it but cannot? Is there any mechanism for someone with a genuine grievance, who felt pushed into it originally, if you like, and wants out of it in the future? Will there be any mechanism for them to take that matter up in some tribunal or some dispute mechanism?

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