Senate debates

Monday, 12 October 2015

Bills

Fair Work Amendment Bill 2014; In Committee

8:26 pm

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

Yes. Minister, sheet 7768 applies generally. It is not about greenfield agreements; it is about a general application of industrial law across industry and across different industries. Minister, bargaining cannot take place unless it is done in accordance with good-faith bargaining requirements. That is the current law. That is the situation as it exists. There has to be good-faith bargaining. It must be done in accordance with good-faith bargaining. There cannot be an application for a protected action ballot order and there cannot be industrial action unless the commission is satisfied that the applicant is genuinely trying to reach an agreement with the employer.

So, Minister, why do we need this if there are these two threshold issues? One is that you have to be negotiating in good-faith bargaining. And, secondly, you cannot get a protected action ballot order unless the commission is satisfied that the applicant is genuinely trying to reach an agreement with the employer. That is the current position: good-faith bargaining, genuinely trying to reach an agreement. We say that this is an appropriate and adequate threshold, and therefore we oppose your amendments in this area.

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