Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

asked the Minister representing the Minister for Employment and Workplace Relations, upon notice, on 6 November 2012:

With reference to question no. EW0035_13, taken on notice during the 2012-13 Budget estimates hearing of the Education, Employment and Workplace Relations Legislation Committee:

(1) Were the claims referenced in the question in the spirit of the Fair Work Act 2009.

(2) Are ambit claims in the spirit of the Act.

Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Link to this | Hansard source

The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

The objects of the enterprise bargaining provisions of the Fair Work Act are based on good faith bargaining. Claims made by bargaining representatives during enterprise bargaining are a matter for the parties involved. The good faith bargaining requirements do not require employers or employees to make concessions or to reach agreement. They do require bargaining representatives to meet standards of bargaining conduct which includes giving genuine consideration to bargaining proposals. Parties are able to take steps to enforce these requirements, including through seeking orders from Fair Work Australia.