Senate debates

Thursday, 1 December 2022

Bills

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

11:23 am

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

I'll go back to the ability of the Fair Work Commission to intervene, where we now understand that there's a difference and the powers of the ABCC do not transfer over to the Fair Work Ombudsman in this regard. You have stated that you believe the Fair Work Ombudsman does have a limited ability to intervene in relation to stand down and right-of-entry matters, but what we have also determined is that the Fair Work Ombudsman is not required to intervene in Fair Work Commission matters, that it is merely a discretion that the Fair Work Ombudsman has—depending on their workload, to be fair.

We've heard a lot about the discretion of the Fair Work Commission. To be fair to the Fair Work Ombudsman, they may say, 'There's too much going on, we will not intervene.' Based on your last answer, on unlawful picketing, can you take me to exactly where in the Fair Work Act unlawful picketing itself is? What section?

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