Bills

Fair Work (Miscellaneous) Amendment Bill

Committee Stage

In committee.

(Continued from 24 February 2015.)

The Hon. G.E. GAGO: During our previous deliberations at clause 1, I was asked a series of questions that I now have answers for, which I would like to put on the record. I am advised that it is the intention of the government that there will be no other appointments made to the South Australian Industrial Relations Commission. At this point in time, there has to be a caveat on this intention, for no other reason than the event of an inability, as raised by the shadow minister, to constitute a breach due to leave, sickness, etc.

In such a circumstance, the minister will examine other existing judicial officers already appointed to other jurisdictions who are competent and able to carry out the required role of the full bench of the commission, and give serious consideration to either appointing them to a position of acting commissioner or making such a person a deputy president of the commission for the period of time the commission continues to exist.

I am advised that there are such persons already appointed to the Industrial Relations Court, Workers Compensation Tribunal and the South Australian Employment Tribunal, all of whom should have the competence to fulfil a role on a bench of the commission and have past association with worker or employer interests. I am further advised that, should such a circumstance arise, the process within the current Fair Work Act 1994 in sections 30 and 34 respectively will be applied, which requires the input I believe the shadow minister is seeking.

The Hon. R.I. LUCAS: I thank the minister for the undertaking that the minister in charge of the legislation has put on the public record. That answers a number of the questions that have been put to me and that I have during the committee stages put to the minister during this particular debate.

The minister's statement, in his first paragraph, makes it clear that there will be no other appointments made to the commission. I have sought clarification of that—and we are talking there about permanent appointments or temporary appointments, other than in the circumstances outlined in paragraph 2, which the minister has referred to. The minister, in his discussions with me and in public statements, has indicated that his intention is to look to see whether there are others who are currently employed in the general jurisdiction who can potentially be used as replacements if required and in the circumstances that have been raised before.

In the last couple of weeks, I have been contacted by employer representatives who, if I can understate the case, were most concerned that the minister was going to appoint a certain unnamed prominent ministerial adviser to a temporary position in the commission. I was advised, when I put that to the minister's office, that I should refer to paragraph 1 of the statement that was going to be read on his part, and I repeat it again for the record. It states that it is the intention of the government that there will be no other appointments made to the South Australian Industrial Relations Commission. That would clearly, in its intent and in its substance, refer to the potential appointment of any unnamed ministerial advisers to the commission by the minister.

There are obviously, for the reasons I have outlined previously, concerns amongst employer groups and those who represent them about the legislation and about the government's intentions. I can only take the minister at his world. Ultimately, the options open to the parliament were to seek to defeat the bill or to amend it or, ultimately, to seek assurances and clarifications from the minister who is in charge of the legislation, and that we have done. The minister has been good enough to put on the public record and in private assurances to me that that is the case.

I trust that the minister's practice will be as he has outlined by his statement and his intentions, and certainly I indicate to the employer groups that we have sought the assurances that we could, and they have now been placed on the public record. So, with those assurances that have been given by the minister, we indicate that we have no further questions and that we will not prolong the committee stage of the debate.

Clause passed.

Remaining clauses (2 to 17) and title passed.

Bill reported without amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (16:53): I move:

That this bill be now read a third time.

Bill read a third time and passed.