asked the Minister representing the Minister for Employment and Workplace Relations, upon notice, on 6 November 2012:

With reference to the Fair Work Act Review report titled Towards more productive and equitable workplaces, which states that 'The Panel was disinclined to recommend legislative changes where there was a reasonable prospect that judicial interpretation of existing provisions would resolve the problem': can examples be provided where the Review specifically did not consider issues because of a 'reasonable prospect' of judicial interpretation.

The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

After considering certain matters, the Review Panel, in some instances did not make a recommendation for change to the relevant provisions of the Fair Work Act 2009 because there was a reasonable prospect that judicial interpretation of the relevant provisions would develop to resolve matters raised as part of the Review.

Specific examples in the Review Report - Towards more productive and equitable workplaces: An evaluation of the Fair Work legislation - include: