Senate Education and Employment Legislation Committee, , 1:28:59 to 1:33:36
Examination of FOI releases regarding briefings from 2024 and 2025, focusing on the review of small claims procedures and previous task force recommendations.
Topics: Workplace relations, Freedom of information
Speakers: Greg Manning, Senator Paul Scarr, Simon Duggan, Speaker 14
Okay. There was an FOI release from your department LEX 2524, which listed the dates of briefings to the Minister on the Fair Work Court. It listed a briefing as I understand it on 30 January 2024. Yeah, so what does that refer to?
So that so the information I have in front of me, Senator, is that that related to reforms to the fair work dispute resolution system. So it may have been broader. I mean, of course, a fair work court is one option for making reforms to the dispute resolution system. But as I as I indicated, I mean, discussions of you know the fair work dispute resolution system gone back some time. In fact, in February 2024, there was a review of the Fair Work Claims Procedure that was undertaken by the department. Um a review of the Fair Work Act Small Claims Procedure made a recommendation to the government to consider. The idea of improvements in the Fair Work Dispute Resolution System as far back as well I was going to say I think it's also an issue that goes back to 2019.
I think from memory of the migrant workers task force that looked at had looked at the issue. From from memory, Senator, and again I can take it on notice. That briefing back in 2024 relate to that review of the small claims process that the Secretary is speaking about. It was being worked on at around that time, and so it was looking at those issues around dispute resolution in the workplace relations system and some submitters to that process had raised the idea of a fair work court in that context.
Okay. So was that brief that was provided on 30 January 2024? Was that as a result of a request from the Minister? Or the Minister's office?
I'd have to check that on notice, and as I said, my understanding is it relates to the small claims review, it might have just been because it was finishing up or at a at a particular stage that it need that it justified a briefing, but I'll have to check.
Does anyone else at the table know?
The genesis of that brief.
Sarah Costelloe, Assistant Secretary of the Fairwork Court Task Force. We would have to check, Senator their genesis of that.
And as I understand it, there were also additional briefings in late 2024 and January 2025. Is that correct? And what did those briefings refer relate to?
Yeah, and yes, I've I've got the list I think in the same FOI request, and the one in November 2024 specifically mentions to relate to the outcomes of the small claims review. As I said, my understanding is the one in January 2024 relates to that as well, but that's something I've undertaken to check on notice and confirm on notice, Senator. And then as you say, there was one also in January 2025.
Okay. So what happened between January 2025 and I'll say late 2025. Anything happened during that period until you got requested by the Minister to commence commence work?
Secretary said it's an idea that has been around and been and been raised in a number of different contexts. I think it's simply explained by in late in 2025 that the Minister's Office from Memory advised us that it's an idea that the government was considering pursuing. And so work started on it.
I can't remember. Was the fair and I know departments keep track of election commitments to work out what they're going to have to do.
Was it an election commitment?
Can you take that on notice for you?
I certainly think there were I would have to check, for example, the migrant worker task force recommendations. There was a general election commitment about looking at those recommendations again. But I'd have to confirm on notice whether there was a specific election commitment in either 2022 or the subsequent election. I don't I don't I don't recall it, Senator, but I'll have to check.
In terms of liaison with the courts. Was there from your perspective, Mr. Manning, was there any liaison with the Federal Court or the FCF COA in relation to the briefs you worked on or prior to the announcement?