​The independent workplace relations tribunal, the Fair Work Commission, is assessing weekend penalty rates in the retail and hospitality industries, and a decision to reduce rates could be handed down shortly after the election campaign. Opposition spokesman for Employment Brendan O'Connor. Credit:Andrew Meares Labor's campaign advertisements state that, if elected, the party would "keep weekend penalty rates" but the party has also vowed to respect the independence of the commission. Mr O'Connor said, if elected, Labor would "intervene" by making a submission to the Fair Work Commission in support of penalty rates. "Labor is the party of penalty rates," he said.

"There is a fundamental principle of independence at stake here. 3AW host Neil Mitchell. "Labor believes in the independence of the umpire; always have." When asked by Mitchell if he could guarantee that weekend penalty rates would not be cut under a Labor government, Mr O'Connor said: "The umpire makes these decisions." Mr O'Connor said it was not a "black and white issue" because, under some industrial deals, workers had traded away penalty rates for other conditions and not been left worse off.

Mitchell accused Mr O'Connor of trying to avoid his questions and offering voters a "pig in a poke" by saying he would await the final decision of the commission. Mitchell grew exasperated when Mr O'Connor declined to say "yes" when asked seven times whether he supported Mr Shorten's past statements on the issue, backing the independence of the umpire. "I support the principle of independence of the umpire [but] I believe the weight of our arguments will have a bearing on the outcome," Mr O'Connor said. Speaking in Geelong, Mr Shorten said: "I can guarantee to the workers here and indeed workers across Australia, that only a Labor government can be trusted to protect our penalty rates system ... The case to get rid of penalty rates simply doesn't stack up." Mr Shorten said, by contrast, at least 50 Coalition MPs had backed reducing or abolishing penalty rates.

Industry spokesman Kim Carr said on Monday: "In all my experience with the Labor Party, our defence of penalty rates has been absolute. I expect it to continue that way." Australian Council of Trade Unions president Ged Kearney told The Australian Financial Review she would "certainly like to see some more protections for penalty rates". "What that would look like in legislation, or through the award system, is yet to be determined, but we would certainly like to see something that would go a bit further to protecting penalty rates than we have now," she said. The Greens on Monday announced a policy to legislate to protect existing penalty rates and the ACTU is pushing for stronger protections for weekend workers. Mr O'Connor said enshrining penalty rates in legislation, as proposed by the Greens, would be "reckless".