Senate debates

Thursday, 1 December 2022

Bills

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022; In Committee

11:12 am

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I do appreciate that guidance because that was literally the issue that was being raised—whether 'some' did equate to 'one'. It will give people satisfaction that, based on that answer, 'some' does not equate to 'one'. That actually does clear that up. It could be two, but it is not one.

One of the issues that has been raised both at Senate estimates and in relation to the inquiry—as you are aware, we just have not had that opportunity to properly go through any of this—is in relation to the powers of the Fair Work Ombudsman or, should I say, the current powers of the Australian Building and Construction Commission under the relevant act that transfer over to the Fair Work Ombudsman. I want to now take you through—and it's going to take some time—each power, because we received something back from the department that had words to the effect of minimal difference, or no substantive difference. So, we'll be going through all that as well. But perhaps, in the first instance, I could turn to some basic questions. Senator Lambie, in a question on notice, asked: 'I just have one follow-up question, because we're on the ABCC, and it has a tremendous amount of powers. What's the difference between their powers and what's been passed over to the Ombudsman and Fair Work? What's the difference?'

Ms Sheehan replied, 'We took a question on notice at estimates to put it in a simple table form', and then we have the simple table form. I've now gone through the simple table form and, as I said, it will take us some time, because we're actually going to—and I'm saying this to give a heads-up to the department that somebody probably with knowledge of the transfer of powers may well be required. In the first instance, can I confirm that, in relation to the transfer of some of the powers of the ABCC to the Fair Work Ombudsman, the Fair Work Ombudsman will not have the ability to make submissions in Fair Work Commission proceedings?

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