The Australian Greens plan to test coalition MPs' commitment to penalty rates if the High Court disqualifies Barnaby Joyce from sitting in parliament.
Unions representing hospitality and retail workers were unsuccessful on Wednesday in their challenge to the Fair Work Commission's decision to reduce some penalty rates for hospitality, retail and fast-food workers.
Greens MP Adam Bandt said if the deputy prime minister's election is struck out by the court - and the government's majority on the floor of parliament is lost - his party would seek the support of coalition backbenchers to cross the floor on a bill to restore penalty rates.
A number of coalition MPs including Queensland's George Christensen have expressed support in the past to protect penalty rates.
"We are only a few votes away (from a majority to pass the bill)," Mr Bandt told reporters in Canberra on Wednesday.
Mr Bandt's private member's bill amends the Fair Work Act to ensure penalty rates in a modern award cannot be varied to make the penalty rate lower than that in force under the award on January 1, 2017 and nullifies the Fair Work Commission's determination.
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