Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

We are obviously now also referring to the amendments that the minister has moved, the first amendment on a sheet PF105. In relation to this amendment, just to put the coalition position on the record, the new subclause would provide that on application by an employer, employee or employee organisation covered by a pre-commencement enterprise agreement that includes terms entitling an employees to paid family and domestic violence leave, the Fair Work Commission can consider whether the effect of the terms is detrimental when compared with the entitlement to paid family and domestic violence leave in the National Employment Standards. If the Fair Work Commission considers the effect of those terms is detrimental compared to the National Employment Standards, it may vary the terms of the agreement to make the agreement consistent with the National Employment Standards.

The coalition, as we have advised the government, will support the amendment. It is a technical amendment to ensure that the Fair Work Commission is not in the language of the new subclause. It would be updated to clarify that they may consider the interaction between the agreement and the National Employment Standards, rather than making decisions about the agreement's effect as provided by the original subclause.

In relation to the amendment moved by the minister on sheet RU110, this amendment will require employers to not provide information on an employee's pay slip that they have taken paid family and domestic violence leave. I understand the amendment deals with the concerns of victims who may be financially abused and could be put at risk if their perpetrator is watching their pay slips. Again, we have advised the government that the coalition will support this amendment.

I think there are still some questions, and I do hope that they are worked through during the consultation period with small and family businesses in relation to the actual operation et cetera, how it will be administered for small and family businesses. But we do support this amendment, as it will address the concerns raised by both stakeholders in conversations with the coalition and certainly stakeholders who appeared at the committee hearing in August.

Question agreed to.