(1)   Is he aware that the former Minister for Citizenship and Multicultural Affairs, Mr Cobb, refused to answer the question on Radio 2DU Dubbo “What do you do if your employer refuses to talk to you? How then do you negotiate an agreement” in respect of the new industrial relation relations legislation.

(2)   Will he provide an answer to the question.

(1)   No.

(2)   The Workplace Relations Act 1996 (Cth) as amended by the Workplace Relations Amendment (Work Choices) Act 2005 (Work Choices Act) maintains the existing right of employers and employees to choose whether or not they wish to make an agreement, and if so, the type of agreement that suits them best. The Act does not, and should not, force either party to enter an agreement against their wishes and/or best interests. Therefore, the existing legislation protects employers and employees against action taken with the intent to coerce them to (for example) agree, or not agree to make a collective agreement. It also prohibits the application of duress to an existing employee or employer in connection with an AWA. These protections are maintained under the Work Choices Act. If an employer party to a proposed collective agreement refuses to negotiate, then their employees may, subject to the Act’s procedural requirements, take protected industrial action in support of their claims. Also, the Work Choices Act requires employers to genuinely try to reach agreement with either the relevant trade union/s or employees before they can take protected industrial action.