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Wednesday, 15 February 2017
Page: 1072


Senator CAMERON (New South Wales) (19:53): Minister, I just want to come back to your response regarding the clause I read to you—and I will read it again: 'In the event of redundancies required during the life of the agreement, in occupational classifications where both Australian workers and temporary foreign workers are employed temporary foreign workers will be made redundant first, given that temporary foreign workers are intended to supplement the Australian workforce.' Minister, you indicated, yes, that that was code compliant. Can I now take you to the code itself and clause 11(3)(h). If you read that clause in its context, it says:

Without limiting the generality of subsection (1), clauses are not permitted to be included in enterprise agreements that:

And then if you go to (h):

limit or have the effect of limiting the right of an employer to make decisions about redundancy, demobilisation or redeployment of employees based on operational requirements;

Could you now explain why this clause is compliant in the context of what the code explicitly says?