Mr REITH (Workplace Relations and Small Business) (12:49 PM) —by leave—I move government amendments Nos 1 to 9:

(1) Schedule 1, item 1, page 3 (line 8), after "promoting youth employment", insert ", youth skills and community standards".

(2) Schedule 1, item 2, page 3 (lines 18 to 20), omit subparagraph (ii), substitute:

(ii) uses a case-by-case approach to protect the competitive position of young people in the labour market, to promote youth employment, youth skills and community standards and to assist in reducing youth unemployment.

(3) Schedule 1, item 3, page 3 (lines 23 to 26), omit paragraph (ba), substitute:

(ba) the need, using a case-by-case approach, to protect the competitive position of young people in the labour market, to promote youth employment, youth skills and community standards and to assist in reducing youth unemployment, through appropriate wage provisions, including, where appropriate, junior wage provisions;

(4) Schedule 1, item 4, page 3 (after line 30), after subsection (4), insert:

(5) For the purposes of paragraph (3)(e), trainee wage arrangements are not to be treated as constituting discrimination by reason of age if:

(a) they apply (whether directly or otherwise) the wage criteria set out in the award providing for the national training wage or wage criteria of that kind; or

(b) they contain different rates of pay for adult and non-adult employees participating in an apprenticeship, cadetship, or other similar work-based training arrangement.

(5) Schedule 1, page 3 (before line 31), before item 5, insert:

4A After subsection 113(3)

Insert:

(3A) The Commission may, on application by an organisation or person bound by an award, vary the award by:

(a) including a junior rate of pay in the award; or

(b) varying a junior rate of pay in the award; or

(c) removing a junior rate of pay from the award.

(3B) In any application of the kind referred to in subsection (3) or (3A), the onus of demonstrating that the award should be varied as set out in the application rests with the applicant.

(6) Schedule 1, item 5, page 4 (lines 1 to 3), omit paragraph (ea), substitute:

(ea) if it applies to work that is or may be performed by young people—protects the competitive position of young people in the labour market, promotes youth employment, youth skills and community standards and assists in reducing youth unemployment by including, if, on a case-by-case basis, the Commission determines it appropriate, junior rates of pay; and

(7) Schedule 1, page 4 (after line 3), after item 5, insert:

5A After paragraph 143(1D)(a)

Insert:

(aa) it provides:

(i) for a rate of pay worked out by applying (whether directly or otherwise) the wage criteria set out in the award providing for the national training wage or wage criteria of that kind; or

(ii) for different rates of pay for adult and non-adult employees participating in an apprenticeship, cadetship or other similar work-based training arrangement; or

(8) Schedule 1, page 4, (after line 5), after item 6, insert:

6A After paragraph 170LU(6)(a)

Insert:

(aa) it provides:

(i) for a rate of pay worked out by applying (whether directly or otherwise) the wage criteria set out in the award providing for the national training wage or wage criteria of that kind; or

(ii) for different rates of pay for adult and non-adult employees participating in an apprenticeship, cadetship or other similar work-based training arrangement; or

(9) Schedule 2, item 1, page 5 (lines 8 to 10), omit paragraph (ea), substitute:

(ea) if it applies to work that is or may be performed by young people—protects the competitive position of young people in the labour market, promotes youth employment, youth skills and community standards and assists in reducing youth unemployment by including, if, on a case-by-case basis, the Commission determines it appropriate, junior rates of pay; and

It is perhaps not necessary for me to go into all of the detail. Members have, of course, the amendments as circulated and an explanatory memorandum has been prepared and also circulated. The principal changes which make up these amendments relate to traineeships and apprenticeships, the incorporation of some additional objects—namely, youth skills and community standards—and the incorporation of those two concepts of youth skills and community standards.

We have accepted the inclusion of youth skills and community standards. We understand the reason the Labor Party was keen to see them included. We would make the point that `community standards' is reflected elsewhere, and I think it is in the provisions of the act that relate to the functions of the commission where they talk about living standards. That is a close parallel. Of course, `youth skills' is something that we would expect and the commission has in the past taken into account when making decisions on these issues. The important point from our point of view was to ensure the acceptance of the objects relating to employment and youth unemployment.

Apart from those brief comments, it should also be said that there is a specific provision about the onus of proof in case by case applications. The commission, on an application, can vary the award by including a junior rate, varying a junior rate or removing a junior rate. In any application of that kind, the onus of demonstrating that the award should be varied rests with the applicant. That accords with the standard practice of the commission, and we are quite happy with that proposal. That has been sufficient for the purposes of reassuring the Labor Party about the manner in which these issues will be treated.