"As a result of flawed drafting, the initially proposed penalty rates legislation would have forced the Fair Work Commission to vary longstanding award provisions that have delivered flexible arrangements for employers and employees," said Innes Willox, chief executive of the national employers association, Australian Industry Group.
"That doesn't appear to have ever been the Government's intention. We have raised this technical concern with the Government and welcome their efforts to clarify the operation of the Bill. Any legislation which even risks causing unintended consequences is deeply problematic and simply shouldn't be passed without amendment.
"The last thing we need is yet another controversial and unclear change to our workplace laws causing unnecessary litigation and entirely avoidable problems for employers.
"The key question now is whether the amended drafting fixes the problem. It is crucial that a careful approach is adopted by the Parliament when considering the legislation. It should not be unreasonably rushed through in a form that could create further difficulties for employers and their employees. It is far from clear that the modest change properly fixes the problem in the Bill," Mr Willox said.
