Currently the bill in question is still in the drafting stage. A consultation paper has been put out with the express purpose of working through finnicky issues like this.
So currently it's not exactly clear how they're going to structure it to avoid loopholes and enforce compliance. But I would expect the Fair Work Commission to play a large role in whatever design ultimately gets chosen. It's very unlikely that enforcement will be left to private lawsuits.
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Why are you called The Motte?
A motte is a stone keep on a raised earthwork common in early medieval fortifications. More pertinently,
it's an element in a rhetorical move called a "Motte-and-Bailey",
originally identified by
philosopher Nicholas Shackel. It describes the tendency in discourse for people to move from a controversial
but high value claim to a defensible but less exciting one upon any resistance to the former. He likens
this to the medieval fortification, where a desirable land (the bailey) is abandoned when in danger for
the more easily defended motte. In Shackel's words, "The Motte represents the defensible but undesired
propositions to which one retreats when hard pressed."
On The Motte, always attempt to remain inside your defensible territory, even if you are not being pressed.
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Notes -
Currently the bill in question is still in the drafting stage. A consultation paper has been put out with the express purpose of working through finnicky issues like this.
So currently it's not exactly clear how they're going to structure it to avoid loopholes and enforce compliance. But I would expect the Fair Work Commission to play a large role in whatever design ultimately gets chosen. It's very unlikely that enforcement will be left to private lawsuits.
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