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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2015-10-13 Daily Xml
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Statutes Amendment (Industrial Relations Consultative Council) Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second 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) (17:59): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

In July 2014 the Government committed to a process of reforming State Government boards and committees.

In considering the role and function of the Industrial Relations Advisory Council, SafeWork SA Advisory Council and the Asbestos Advisory Committee, I am of the view that these committees should be abolished with a broader engagement approach adopted to create a central consultative point for key State industrial relations policy matters, work health and safety issues, and asbestos.

The Statutes Amendment (Industrial Relations Consultative Council) Bill 2015 will establish the Industrial Relations Consultative Council to replace the Industrial Relations Advisory Committee, the SafeWork SA Advisory Council and the Asbestos Advisory Committee, which was a non-statutory committee that lapsed on 30 June 2015.

The functions of the three committees are at times considered to be duplicative, and so inefficient, with the same members often represented on more than one committee. In the case of the Industrial Relations Advisory Committee, the role has been significantly diminished since the referral of certain industrial relations powers to the Commonwealth effective from 1 January 2010.

The Bill also makes a consequential amendment to the Work Health and Safety Act 2012 (SA) integrating the small business commissioner’s role in the approval of work health and safety codes of practice, creating a streamlined, less bureaucratic consultation process.

The Industrial Relations Consultative Council will provide an integrated approach to the consideration of the full range of industrial relations issues. It will be responsible for core consultative and advisory functions and providing high level advice to the Minister for Industrial Relations to facilitate the effective and efficient administration of laws covering safe and fair workplaces. It will also have the ability to establish time-limited, outcome-driven issues groups for specified purposes to assist it with the exercise of its functions.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Fair Work Act 1994

4—Amendment of section 4—Interpretation

This clause amends section 4 of the principal Act to remove the definition of the Committee and insert a definition of the Consultative Council.

5—Amendment of section 7—Industrial authorities

This clause amends section 7 to substitute the Industrial Relations Advisory Committee with the Industrial Relations Consultative Council.

6—Repeal of Chapter 2 Part 5

This clause repeals Chapter 2 Part 5.

7—Insertion of Chapter 6AA

This clause inserts Chapter 6AA.

Chapter 6AA—Industrial Relations Consultative Council

Part 1—Establishment of Consultative Council

218—Establishment of Consultative Council

This clause establishes the Industrial Relations Consultative Council.

Part 2—Functions and powers

218A—Functions and powers of Consultative Council

This clause establishes the functions and powers of the Consultative Council.

Part 3—Composition of Consultative Council

218B—Membership of Consultative Council

This clause establishes the membership of the Consultative Council.

218C—Terms and conditions of office

This clause establishes the terms and conditions of members of the Consultative Council.

218D—Fees Allowances and expenses

This clause establishes the fees, allowances and expenses of the Consultative Council.

Part 4—Proceedings of Consultative Council

218E—Meetings

This clause establishes the meeting requirements of the Consultative Council.

218F—Proceedings

This clause establishes the proceedings of the Consultative Council.

218G—Conflict of interest under Public Sector (Honesty and Accountability) Act 1995

This clause inserts conflict of interest requirements to be observed by members of the Consultative Council.

218H—Validity of acts

This clause preserves the validity of acts of the Consultative Council.

Part 5—Use of staff and facilities

218I—Use of staff and facilities

This clause enables the Consultative Council to make use of staff and facilities.

Part 6—Committees

218J—Committees

This clause enables the Consultative Council to establish committees.

Part 7—Related matters

218K—Confidentiality

This clause imposes a confidentiality requirement on members of the Consultative Council and members of any committee established by the Consultative Council.

8—Transitional provision

This clause inserts a transitional provision ensuring that a member of the Industrial Relations Advisory Committee ceases to hold office on the commencement of the clause.

Part 3—Amendment of Work Health and Safety Act 2012

9—Amendment of section 4—Definitions

This clause amends section 4 of the principal Act to remove the definition of the Advisory Council and insert a definition of the Consultative Council.

10—Amendment of section 68—Powers and functions of health and safety representatives

This amendment is consequential.

11—Amendment of section 274—Approved codes of practice

This clause makes changes that are consequential. It also makes a change to the consultation process to incorporate the involvement of the Small Business Commissioner.

12—Amendment of Schedule 2—Local tripartite consultation arrangements

This clause makes changes that are consequential.

13—Amendment of Schedule 5—Provisions of local application

This clause makes a consequential change.

14—Transitional provision

This clause inserts a transitional provision ensuring that a member of the SafeWork SA Advisory Council ceases to hold office on the commencement of the clause.

Debate adjourned on motion of Hon. D.W. Ridgway.

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