Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

This is an entirely new definition. There is no jurisprudence on this issue. There is no guidance for the commission on this matter. Can you explain how the commission will deal with this matter? How will they define the 'prevailing pay and conditions'? Will it be the highest pay and conditions in the area? Will it be the lowest pay and conditions? Will they come to some judgement in between? How does this work? It is no use standing up and saying you have got more confidence in the commission than I have; that is not the answer to the question. The question is: how does the commission deal with the issue of prevailing pay and conditions within the relevant industry for equivalent work? There could be hundreds of agreements in relation to the building and construction industry in the region. How does the commission come to this determination on prevailing pay and conditions within the relevant industry for equivalent work? If they come to a decision less than the highest rates of pay or higher than the lowest rates of pay, are they then engaging in arbitration?