Senate debates

Wednesday, 30 November 2022

Bills

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022; In Committee

7:48 pm

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

Let's have a look at what Minister Burke said on Monday 28 November 2022 in response to a question asked by Mr Fletcher. He was asked:

Last Thursday the minister told the House in question time that a small business—

so one with 21 or above—

located in a shopping centre with a large supermarket would not be compelled to bargain together with that supermarket. Given the bill specifically mentions geographical location as establishing the common interest that means a business can be dragged into multi-employer bargaining …

Minister Burke came back though with, 'The example given is wrong,' as you have now stated—that's good, because we've got to rule it out formally for the reason for statutory interpretation, so that's going to give a lot of relief to people when we formally rule out this. He says: 'The first reason is in terms of common interest.' He talks about the common interest—not comparability, but the common interest. So let's put comparability aside. He then says:

So, even if you got over the hurdle—and I don't know logically how you could get over the hurdle—on common interest, to claim that they're somehow reasonably comparable would just a beggar belief.

So I'll go back to the common interest: are you now saying that they are ruled out of the common interest?

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