Mike Symon (Deakin, Australian Labor Party) Share this | Hansard source

On behalf of the House of Representatives Standing Committee on Education and Employment I present the following advisory reports, incorporating dissenting reports, together with the minutes of proceedings and evidence received by the committee: Fair Work Amendment Bill 2013 and Fair Work Amendment (Tackling Job Insecurity) Bill 3012. I ask for the leave of the House to make a short statement in connection with each of the reports.

Leave granted.

On 21 March 2013 the House Selection Committee referred the Fair Work Amendment Bill for inquiry and report.

The reason for the referral was:

The bill makes changes to the Fair Work Act that will have an impact on each employee and employer in Australia. it is important that the parliament be fully aware of this bill and identify any unintended consequences.

The bill proposes to amend the Fair Work Act 2009 in six broad areas:

The bill incorporates a second tranche of amendments to the Fair Work Act, based on recommendations of the Fair Work Act Review Panel. The parliament passed the first tranche of amendments, as recommended by the panel, in 2012.

The amendments contained in this bill seek to alleviate some of the pressures on Australian families and to encourage people with family responsibilities to participate in the workforce. It also ensures that a pregnant employee can transfer to a safe job where one is available, irrespective of the length of their service.

The bill amends the modern awards objective to require that the Fair Work Commission take into account the need to provide additional remuneration for employees working outside normal working hours.

The bill also provides the commission with greater power to deal with disputes about the frequency of right-of-entry visits. It also provides greater clarity about the location of interviews and discussions in situations where employers and employee representatives cannot agree.

The committee was particularly pleased that recommendations made in its previous inquiry into workplace bullying are included in the bill. On the conclusion of that inquiry, the committee recommended to government that workers who are targeted by workplace bullying be provided with an individual right to recourse through an adjudicative process. This bill provides such a mechanism through the Fair Work Commission. A worker who has been the target of workplace bullying will be able to apply to the commission for an order to stop the bullying. This mechanism will represent a significant step forward in combatting a phenomenon which the Productivity Commission estimates costs the Australian economy up to $36 billion annually.

The committee recognises that there are opposing interests and views about the desirability of the measures proposed by the bill. However, in light of the extensive consultation that has taken place on the proposals put forth in this bill, the committee is of the opinion that it provides an appropriate balance in addressing the policy intent of the bill. Accordingly, the committee recommends that the House pass the bill.

I thank all those who provided evidence to the inquiry or attended the public hearing, my committee colleagues who participated on the inquiry and, of course, the hard-working secretariat. I commend this report to the House.

Mr Deputy Speaker, the second matter is that I present the Standing Committee on Education and Employment's advisory report on the Fair Work Amendment (Tackling Job Insecurity) Bill 2012. Those minutes of proceedings and evidence have already been tabled.

On 29 November 2012, the House Selection Committee referred the Fair Work Amendment (Tackling Job Insecurity) Bill for inquiry and report.

The reason for the referral was:

To determine whether the bill adequately addresses the nature and effects of insecure work in Australia.

The bill intends to amend the Fair Work Act 2009 to grant casual and rolling-contract employees, and their unions, the right to request a 'secure employment arrangement' from their employer at any time before or after they have commenced employment.

The inquiry received 20 submissions from unions, employer associations and a range of community organisations.

On 24 May 2013 the committee held a public hearing in Melbourne to explore concerns raised in submissions with stakeholders and officials from the Department of Education, Employment and Workplace Relations.

The committee recognises the bill's focus on addressing insecure work, an issue which was raised repeatedly by unions. However, measures to address insecure work should not be legislated without comprehensive analysis of and consultation on the issue, with consideration given to the intended and unintended impacts such legislation would have on employers and employees alike.

The committee shares the concerns raised by stakeholders that the bill's unclear terminology and inconsistency with current Fair Work legislation, enterprise agreements, and modern awards could create confusion and potentially damage employers' and employees' confidence in Australia's industrial relations framework.

The bill, by proposing that the Fair Work Commission be able to impose secure employment orders, would alter the objectives of the workplace relations system as provided by the Fair Work Act 2009.

The committee does not support the bill and recommends that the House not pass the Fair Work Amendment (Tackling Job Insecurity) Bill 2012.

Again, I would like to thank all those who provided evidence to the inquiry and attended, or attended the public hearing, as well as my committee colleagues who participated and, once again, our very hard-working secretariat.

I commend the report to the House.

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