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

I will turn to some questions that I put in relation to, in particular, the mining and resources industry in Australia. I think you'd be aware of the front page of the Australian today and, in particular, the comments made by Mike Henry of BHP. They've had the opportunity—it's not BHP. Certain employers in the mining and resources industry have had the opportunity to consider the evidence and the answers that were given to the questions that I asked last night. I have some questions in relation to government amendment (44), which was moved last night. They're in relation to more detail and definition. We didn't get to fully explore this last night, given we hit a hard marker.

We went through the common-interest test last night, and that was fine—left to the discretion of the Fair Work Commission in relation to each limb. We didn't actually get on to looking at what 'reasonably comparable' means. The government last night, at 6.26 pm, I think, tabled its amendments to the bill. The question is currently before the chair. Government amendment (44), which was moved last night, introduces the comparability test. For example, where two separate businesses in the mining industry operate different rostering schedules to create their own efficiencies which are fundamental to their operating models, is this enough for them to be considered not reasonably comparable?