Senate Education and Employment Legislation Committee, , 3:10:51 to 3:17:54
The committee examines the Fair Work Amendment (Disqualified Officers) Bill and the departmental advice provided to the Minister. Senators probe the Minister's power to vary the scheme of administration and the legal risks associated with further challenges.
Topics: Workplace relations, Law reform
Speakers: Senator Maria Kovacic, Sarah Godden, Simon Duggan, David Cains
Oh, certainly we uh were aware of the 730 program that you um that you mentioned, Senator. So uh we were aware from that point.
Crosby also said in that show, and I quote, we have ideas about the way in which you regulate this industry but wants to leave it to governments. Has he put any of those ideas to government to your knowledge?
Yes, Senator. Um, the administration uh made a submission, I believe, on both the um construction uh industry standards or sorry, made a submission on the construction industry standards. I don't believe they made a submission on the draft charter put forward by the National Construction Industry Forum, but I believe they strongly endorse uh the principles in the charter. So we have the benefit of their of their submission in relation to the standards and we're aware of their views as a member of the NCIF in relation to the Charter.
Okay. So the five U CAP sits in the administration determination as we've discussed. Can the Minister amend that herself? Do we know? Or and has the Department provided any advice on doing so?
Um I would have to go back and check whether we have provided any advice. Certainly the um the registered organizations act provides for the determination to be made by the minister. I would assume that therefore under the Act's Interpretation Act that the Minister would have the power to vary it. But she should be able to do so. I I can confirm that on notice.
If you could, because that's my understanding as well that she would be able to do that.
But obviously, when that scheme of administration was determined, Senator, that was the subject of a high court challenge that took a considerable amount of uh time to get a resolution and uh placed or the feedback that we received was uh from industry and the administration is that it it placed a very big question mark over the administration and that it was very difficult uh to make progress during that time. So certainly varying the scheme of administration is not something that uh you would undertake lightly uh given the likelihood of a second challenge.
Okay. And just for my understanding, and I I know that um you need to check a number of things, and you have said that. Has the department done any work in relation to um extending that five-year cap of what that would look like, or would that be something you would only do on the instruction of the Minister?
We're certainly aware of the uh private members' bill that you have brought um before Parliament and have provided some uh brief uh factual advice in relation to that, Senator?
And that was actually my next question in relation to that Fair Work Amendment disqualified officers bill that was introduced on the 19th of August. If you could tell me sort of what analysis the department has done and and whether you have advised the minister or briefed the minister on it.
Senator David Cains' assistant secretary bargaining and industry policy. Uh Senator, as I understand, we have provided some background information on the bill providing uh some I guess uh analysis to the Minister on how those provisions would operate uh if they were enacted.
Okay, and and what sort of um can you sort of give me a little bit more detail around that in terms of the workability of that, whether that would actually give greater flexibility to the minister in relation to disqualified persons and whether that were those recommendations were supported by government? Or if if not, what specifically they're objective now going to the content of our advice?
Um we we provided evidence that we have provided advice on the matters. But I think you're now going into questions about what was the content of our our advice?
Yes, I am.
So we can talk topically about that.
Sure.
But we're not in a position to be able to give you any more detail on on any recommendations that we might have put to the minister.
Correct. I I don't think we could add anything to the evidence that we've given.
Sorry if you could repeat that.
Sorry, Senator, I was just saying I don't think we can add anything to the evidence that we've just given.
Okay. So you unable to give me sort of the the general gist of of anything beyond what you've already provided?
I think Senator, we've given you Ms. God and Mr. Keynes gave you the topics that were covered and the fact that we have provided briefing. Um so that that's the extent to which we're able to provide evidence.
Are you able to give me an indication of whether the government was supportive of or objected to the advice or guidance?
So Senator, no, we don't have any information on that that gets to a decision or a question of deliberation of government and Senator Beyond, as I said, the fact that we have provided briefing, the content, the broad content of that briefing, in terms of the government's response or reaction to that briefing, uh not in a position that they give that that evidence.
Yeah, I I guess it wasn't more around the um around the the view. I think it was more around if there are any specific elements of it that were problematic or government felt wasn't workable that needed any additional um I guess analysis. Uh what I'm trying to get an understanding of if there are barriers here, what kind of barriers they are, because one would assume that if it was an outcome that government wanted, um, and it's obviously based on um the bill put forward by Senator Hume that it's something that we're clearly supportive of. There's a way forward. So if there are barriers, what they actually are.
I could only repeat, Senator, that it was fairly brief, factual background.
Okay. So are you able to tell me that whether the whether since the 30th of July the Minister has commissioned any policy work on extending ban periods or on the powers of the administrator made more generally I think we'd have to take that on notice,
Senator?