We would have the same concern, from our analysis.
Clause 44 is not dealing with a broader right of the union to make representations on behalf of the employee. It is a much narrower ground, about making representation with respect to the conduct's impact on the person who is the recipient of the conduct. It is actually giving the unions the right to make representations about what may or may not have happened to the person who ends up as the complainant.
That's a very different thing from a union making representations about the effect on the employee or on behalf of the employee. From that perspective, we think that may raise some concerns.