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

Senator KOVACIC (New South Wales) (18:29): I guess that's what confuses me—this imbalance of discretion versus prescription. We have a Fair Work Commission that already has the remit of protecting penalty rates. We're saying, 'We don't trust you or believe you're capable'—effectively—'of protecting penalty rates under your current function so we're going to legislate.' But for other elements you're saying, 'No, no, use your discretion to be fair and reasonable.' Can you help me understand why it's one case here and another case in relation to the reduction in remuneration question that I asked prior?