Senate Education and Employment Legislation Committee, , 5:45:21 to 5:48:18
Clarification on the statutory authority of individual commissioners versus full benches in interpreting and varying modern awards.
Topics: Workplace relations, Law reform
Speakers: Senator Malcolm Roberts, Murray Furlong, Senator Marielle Smith
Thank you, Chair, and thank you all for appearing today. Good to see you, Mr. Furlong. My question is going to be more clarification. I think they'll be pretty short. There'll be a number of questions, but I think there'll be answers be pretty short. And one to the Minister. At the last estimate hearings, we confirmed that the Fairware Commission must ensure that modern awards are upheld and form the basis for minimum employment standards. Conditions. And we confirm that the Commission as a body has the authority to make varied and revoke modern award. However, an individual fair work commissioner acting as an administrative decision maker does not have the authority to make vary or revoke a modern award. Is that agreed? That's correct, yeah. I just think these pretty quick. An individual commissioner must instead interpret, apply, and enforce the minimum provisions and protections of the award as it stands.
The enforcement and provisions of an industrial instrument, modern awards, enterprise agreements rest with the fair work ombudsman. So there's actually functions around providing education and advice and compliance with modern awards and uh enterprise agreements.
Okay, so interpretation you're saying or adjudicating.
Yes.
Is it fair ombudsman?
No, the compliance with those instruments. Compliance with the fairbot. And I think they're giving evidence after us.
So um an individual commissioner must still in interpret apply and not. So must instead interpret and apply the minimum provisions and protections of the award as a standard.
They should consider them in relation to the matters that are falling. Yes. That allow for my awards to be uh amended on application or on motion by the commission. Um and they return to go before full bases off the commission in uh in the determination that's matters. They bring on evidence, they do with the evidence. Evidence and then I consider and then they will make any variations.
We can circulate it and then the committee will make a decision.
Just circulate it, it's fine.
I prefer table, but we'll have a look at it and then I'll confirm that. But it can be secured.