Wendy Askew (Tasmania, Liberal Party) | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table an explanatory memorandum related to the bill.

Leave granted.

I table an explanatory memorandum, and I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

Thank you, President.

I rise to introduce the Workplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) Bill 2026.

This Bill is straightforward.

It responds directly to concerns raised by the Fair Work Commission about increasing workloads, mounting delays and growing pressures on Australia's workplace relations tribunal.

It contains practical reforms that the Commission itself has identified as assisting it to perform its functions more efficiently, while maintaining fairness for workers and employers alike.

The Coalition believes these reforms deserve to be considered on their own merits.

The Fair Work Commission is one of Australia's most important workplace institutions. It resolves disputes, approves enterprise agreements, sets minimum standards and plays a critical role in maintaining confidence in our workplace relations system.

When delays increase and workloads become unmanageable, workers wait longer for outcomes, businesses wait longer for certainty and confidence in the system suffers.

That is why it is important that Parliament responds constructively when the Commission identifies practical improvements that can assist it to do its job.

This Bill does exactly that.

The Pressure on the Fair Work Commission

The Commission has publicly warned of increasing workloads, rising numbers of self-represented applicants, resource constraints and the growing complexity of matters coming before it.

The President of the Commission and the General Manager have both spoken publicly about the challenges facing the institution.

The Coalition takes those concerns seriously.

This Bill contains a package of sensible reforms designed to improve efficiency, reduce unnecessary delay and allow Commission resources to be focused on resolving genuine workplace disputes.

Jurisdictional Objections

One of the most important reforms relates to jurisdictional objections in general protections dismissal and unlawful termination matters.

Before the decision in Coles Supply Chain Pty Ltd v Milford [2020] 279 FCR 591 (Milford), the Commission's usual practice was to proceed directly to an early dispute resolution process such as conciliation, mediation or conference.

Parties could still raise arguments about whether a dismissal had occurred or whether an employment relationship existed. However, those issues generally did not need to be determined before the Commission attempted to help the parties resolve the dispute.

The Milford decision changed that approach.

In many cases, the Commission was required to determine threshold jurisdictional questions before it could commence the dispute resolution process.

That created additional hearings, additional delay and additional expense.

The Commission has indicated that hundreds of matters each year are affected by this issue.

This Bill restores a more practical approach.

It makes clear that, for the purpose of commencing early dispute resolution, it is sufficient that a person alleges they have been dismissed or terminated unlawfully.

The Commission can then proceed to its core function of helping parties resolve disputes.

Importantly, questions about whether a dismissal actually occurred can still be determined later if the matter proceeds to arbitration or litigation.

This reform reduces procedural complexity without removing substantive rights.

Delegation of Procedural Powers

The Bill also allows the President of the Fair Work Commission to delegate certain procedural functions to appropriately senior Commission staff.

These powers include issuing certificates in circumstances where all reasonable attempts to resolve a dispute have been unsuccessful.

This is not a delegation of substantive decision-making powers.

It is a practical administrative reform that provides the Commission with additional flexibility to manage its workload efficiently.

The Commission requested this reform and it is sensible that Parliament respond positively.

Frivolous and Vexatious Applications

The Bill also strengthens the Commission's ability to deal with frivolous, vexatious or hopeless applications.

Every hour spent dealing with applications that have no reasonable prospect of success is an hour that cannot be spent resolving genuine workplace disputes.

The Bill expands existing powers and introduces safeguards to ensure that repeat misuse of Commission processes can be addressed appropriately.

Importantly, safeguards remain in place.

Any restriction on future applications requires a Full Bench of the Commission. Applicants must be given an opportunity to be heard.

Procedural fairness is maintained.

These reforms strike an appropriate balance between access to justice and protecting the integrity of the tribunal.

Determining Matters on the Papers

The Bill also allows certain matters to be determined on the papers where appropriate and where the parties consent.

This reform reflects a simple reality. Not every matter requires a hearing.

In some cases, the relevant evidence is documentary, the issues are straightforward and an oral hearing adds little value.

Where the Commission is satisfied that a matter can be fairly determined on the papers, and where the parties agree, it should have the flexibility to do so.

This will reduce delay and improve efficiency while preserving fairness.

Supported Bargaining Authorisations

The Bill also streamlines the process for obtaining a subsequent supported bargaining authorisation where parties already have an existing supported bargaining agreement.

This is a practical reform.

Where the Commission has already considered whether a particular cohort of employers and employees is suitable for supported bargaining, it makes little sense to require parties to repeatedly establish the same threshold matters if circumstances have not materially changed.

The Bill reduces unnecessary duplication while preserving appropriate safeguards.

Road Transport Contractor High Income Threshold

The Bill also creates a separate road transport contractor high income threshold.

The Government and industry stakeholders have argued that unique operating costs within the road transport industry can result in contractors appearing to earn significantly more than they effectively retain after business expenses are taken into account.

The Bill provides a mechanism for a separate threshold to be prescribed.

Reasonable people may hold different views about the merits of that proposal, but it is an issue that warrants consideration and debate.

Technical and Machinery Amendments

The Bill also contains a number of technical, administrative and machinery amendments.

These include changes relating to the National Construction Industry Forum, travel allowance arrangements for the Road Transport Advisory Group, reporting arrangements and other technical corrections.

These amendments are sensible and largely uncontroversial.

Conclusion

President, this Bill is a practical reform bill.

It responds directly to concerns raised by the Fair Work Commission. It reduces unnecessary delay.

It removes procedural bottlenecks. It improves efficiency.

It helps workers and employers access a tribunal that is able to resolve disputes promptly and effectively.

Most importantly, it takes reforms that have broad support and allows them to be considered on their own merits.

The Fair Work Commission has identified genuine operational challenges. Parliament should respond constructively.

This Bill does exactly that.

There is one final point worth making.

This Bill is focused squarely on improving the operation of the Fair Work Commission.

It does not seek to use Commonwealth procurement policy to influence workplace bargaining arrangements.

It does not seek to preference particular industrial instruments over others.

It does not seek to advantage one class of business over another based on the type of workplace agreement they may have in place.

That is dangerous policy that those opposite engage in.

This Bill is about ensuring that workers and employers can access a Fair Work Commission that is efficient, responsive and able to focus its resources on resolving workplace disputes.

That objective should attract support from all sides of this chamber.

I commend the Bill to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.