Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025

Senator KOVACIC (New South Wales) (18:21): My next question relates to the ones that I'm already asking. I'm trying to get an understanding of how this legislation was drafted and the thinking behind it. Why would we legislate to prohibit mutually beneficial award variations, where an employee and employer have said: 'This works for both of us.

Let's do this'? Even in the simplest of circumstances, why would we actually say to them: 'You can't do that. We will determine for you, via this legislation, what your arrangements can be'?

Why insert legislation into a mutually beneficial arrangement between an employee and employer, particularly as it relates to flexibility?