CONDUCT OF THE INQUIRY

Consideration of the Workplace Relations and Other Legislation Amendment Bill 1996
Table of Contents

CONDUCT OF THE INQUIRY

The Workplace Relations and Other Legislation Amendment Bill 1996 was introduced into the House of Representatives on 23 May 1996. It was passed by that House on 26 June 1996 and introduced into the Senate on 27 June 1996. In anticipation of its introduction into the Senate, the Opposition moved on 23 May 1996 that the Bill be referred to the Senate Economics References Committee for inquiry and report by 22 August 1996, contingent on its first reading in the Senate. Following the Bill's first reading in the Senate on 27 June 1996 the terms of reference of the inquiry were formally referred to the Committee.

The Committee advertised in the national press on 1 June 1996 and submissions were called for by 28 June 1996. By 19 August 1996, the Committee had received some 1431 submissions. A full list of submissions received from individuals and organisations is given in Appendix I.

The terms of reference required the Committee to conduct public hearings `in all capital cities'. A total of 18 public hearings were held over 21 working days commencing in Melbourne on 4 July 1996 and ending in Canberra on 1 August 1996. The Committee met in 13 cities, including 5 regional centres, taking a total of 2225 pages of evidence. This is believed to be the most concentrated public inquiry phase ever undertaken by a Senate Committee. A list of the dates and places of those public hearings is given in Appendix II and a list of the witnesses heard is given in Appendix III.

In total, the Committee received 1,431 written submissions, 328 of which were from groups and the rest were from individuals. The majority of submissions from individuals wrote brief letters in opposition to the proposed legislation. Of the submissions made by groups 180 were from unions, 90 were from community groups, 44 were from employers and employer organisations, 21 were from government representatives or Members of Parliament, 14 were from law firms or organisations of lawyers, and 12 submissions were made by academics. The Committee also received 351 form letters and 2061 signatures on petitions.

Oral evidence was taken from 69 unions, 29 community organisations, 24 employer groups and individual employers, 14 government representatives or Members of Parliament, 7 academics, and 62 individuals.

The Australian Council of Trade Unions placed a substantial submission before the Committee which argued against the Bill in the whole, and against many of the provisions of the Bill in detail. Many State labor councils, provincial trades and labour councils, individual unions and their state branches also made lengthy representations to the Committee. In essence, the same arguments were repeated in most union submissions, as they made particular reference to concerns in specific industries, states, and/or regions. In describing the evidence put before the Committee against the proposed Workplace Relations Bill, this report has taken the major arguments as presented by the ACTU. Information presented by individual unions has usually only been recorded when it has been divergent or additional to that presented by the ACTU.

Similarly, support for the legislation was given by both individual employer groups and their representative bodies, and by some state governments. Throughout this report, general comments in support of the Bill have been taken from the submissions made by peak bodies such as the Australian Chamber of Industry and Commerce.

Views expressed by community groups and individuals, such as university academics, have also been cited where relevant. It should be noted, however, that the time frame for this inquiry has precluded a full and thorough analysis of the vast amount of evidence presented in submissions and orally to the Committee.