Footnotes

CHAPTER 1 - Introduction and overview

[1]        https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_Employment_and_Workplace_Relations/Completed%20inquiries/2010-13/fairwork2012/index  (accessed 12 November 2012)

[2]        Explanatory Memorandum, p. 3. See also pp 3 – 10.

[3]        The Parliamentary Joint Committee on Human Rights' Seventh Report of 2012 will be available on the following website, once it is tabled: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Completed_inquiries (accessed 22 November 2012).

[4]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 14 2012, 21 November 2012, pp 8–12. Concern was raised in relation to Part 4, Schedule 6; Schedule 8, item 62, proposed subsection 581A(3); Schedule 8, item 62, proposed section 581B and Schedule 11, item 1.

CHAPTER 2 - Issues

[1]        See, for example, Australian Council of Trade Unions, Submission 8, p. 1; Australian Manufacturing Workers' Union, Submission 11, p. 1.

[2]        Department of Education, Employment and Workplace Relations, Submission 28, p. 4.

[3]        Australian Council of Trade Unions, Submission 8, p. 1.

[4]        See, for example, JobWatch, Submission 12, p. 1; Chamber of Commerce and Industry of Western Australia, Submission 15, p. 5; Master Builders Australia, Submission 18, p. 5; Maritime Union of Australia, Submission 21, p. 1; Ai Group, Submission 26, p. 3.

[5]        Chamber of Commerce and Industry of Western Australia, Submission 15, pp 1–2. See also, for example, Business Council of Australia, Submission 20, pp 3–6; Australian Federation of Employers and Industries, Submission 23, p. 1; Australian Chamber of Commerce and Industry, Submission 25, p. 7; Ai Group, Submission 26, p. 3. These concerns were reiterated by ACCI and AMMA during the public hearing in Canberra: Mr Daniel Mammone, Director of Workplace Policy and Legal Affairs, Australian Chamber of Commerce and Industry, Proof Committee Hansard, 21 November 2012, p. 4; Ms Lisa Matthews, Senior Workplace Policy Adviser, Australian Mines and Metals Association, Proof Committee Hansard, 21 November 2012, p. 7.

[6]        Department of Education, Employment and Workplace Relations, Submission 28, p. 5. See also, Mr John Kovacic, Deputy Secretary, Workplace Relations and Economic Strategy, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 21 November 2012, p. 19.

[7]        See, for example, Australian Council of Trade Unions, Submission 8, p. 2; Housing Industry Association, Submission 14, p. 6; Maritime Union of Australia, Submission 21, p. 2; Australian Chamber of Commerce and Industry, Submission 25, p. 27; Ai Group, Submission 26, p. 8.

[8]        Chamber of Commerce and Industry of Western Australia, Submission 15, p. 1.

[9]        Australian Council of Trade Unions, Submission 8, p. 3; Housing Industry Association, Submission 14, p. 5; Chamber of Commerce and Industry of WA, Submission 15, p. 1; Australian Mines and Metals Association, Submission 30, p. 3.

[10]      Maritime Union of Australia, Submission 21, p. 3.

[11]      Department of Education, Employment and Workplace Relations, Submission 28, p. 7, citing Construction, Forestry, Mining, and Energy Union v Queensland Bulk Handling Pty Ltd [2012] FWAFB 7551 (3 September 2012); Aldi Foods Pty Ltd v Transport Workers' Union of Australia; National Union of Workers, NSW Branch [2012] FWAFB 9398 (1 November 2012).

[12]      Housing Industry Association, Submission 14, p. 8; Australian Chamber of Commerce and Industry, Submission 25, p. 28; Ai Group, Submission 26, p. 9.

[13]      Business Council of Australia, Submission 20, p. 5.

[14]      Australian Manufacturing Workers' Union, Submission 11, p. 1.

[15]      Housing Industry Association, Submission 14, p. 8; Australian Chamber of Commerce and Industry, Submission 25, p. 27; Ai Group, Submission 26, p. 8.

[16]      Submission 18, p. 8.

[17]      Submission 3, pp 1–2.

[18]      Australian Council of Trade Unions, Submission 8, p. 4.

[19]      Submission 11, pp 2–3.

[20]      Department of Education, Employment and Workplace Relations, Submission 28, p. 5.

[21]      Australian Council of Trade Unions, Submission 8, p. 5. See also Australian Manufacturing Workers' Union, Submission 11, p. 4; National Tertiary Education Union, Submission 6, p. 5; Maritime Union of Australia, Submission 21, p. 4.

[22]      Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions, Proof Committee Hansard, 21 November 2012, p. 17.

[23]      Employment Law Centre of WA, Submission 1, p. 1; Redfern Legal Centre, Submission 22, p. 4.

[24]      Kingsford Legal Centre, Submission 17, p. 2.

[25]      Australian Federation Employers and Industries, Submission 23, p. 2; Australian Mines and Metals Association, Submission 30, pp 3, 11.

[26]      Housing Industry Association, Submission 14, p. 9.

[27]      Australian Chamber of Commerce and Industry, Submission 25, p. 30; Ai Group, Submission 26, p. 10.

[28]      See, for example, Queensland Nurses' Union, Submission 10, p. 3.

[29]      Maritime Union of Australia, Submission 21, p. 4.

[30]      National Tertiary Education Union, Submission 6, p. 5; Kingsford Legal Centre, Submission 17, p. 5.

[31]      JobWatch, Submission 12, pp 4– 5.

[32]      Department of Education, Employment and Workplace Relations, Submission 28, p. 5.

[33]      Department of Education, Employment and Workplace Relations, Submission 28, p. 6.

[34]      Australian Council of Trade Unions, Submission 8, p. 5; Australian Chamber of Commerce and Industry, Submission 25, p. 31; Housing Industry Association, Submission 14, p. 5.

[35]      JobWatch, Submission 12, p. 7.

[36]      Department of Education, Employment and Workplace Relations, Submission 28, p. 6.

[37]      See, for example, Australian Council of Trade Unions, Submission 8, p. 5; Housing Industry Association, Submission 14, p. 10; Chamber of Commerce and Industry of Western Australia, Submission 15, p. 1; Ai Group, Submission 26, p. 10.

[38]      Fair Work Act 2009, section 575.

[39]      When the Australian Industrial Relations Commission transitioned to Fair Work Australia (as provided for by the Fair Work Act 2009), transitional provisions provided that the existing Vice Presidents, Senior Deputy Presidents and Deputy Presidents of that body were all appointed as Deputy Presidents of Fair Work Australia. However, each retained their title, status and remuneration (in particular the two former Vice Presidents): Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, schedule 19, items 1, 2 and 4. See also, Law Council of Australia, Submission 29, p. 3.

[40]      Department of Education, Employment and Workplace Relations, Submission 28, p. 10. See also Mr John Kovacic, Deputy Secretary, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 21 November 2012, p. 20.

[41]      Australian Chamber of Commerce and Industry, Submission 25, p. 34; Australian Mines and Metals Association, Submission 30, p. 4.

[42]      Ai Group, Submission 26, p. 12.

[43]      Law Council of Australia, Submission 29, p. 3.

[44]      Law Council of Australia, Submission 29, p. 3. This criticism was endorsed by ACCI during the public hearing in Canberra: Mr Daniel Mammone, Director of Workplace Policy and Legal Affairs, Australian Chamber of Commerce and Industry, Proof Committee Hansard, 21 November 2012, p. 3. See also, Mr Steve Knott, Chief Executive, Australian Mines and Metals Association, Proof Committee Hansard, 21 November 2012, pp 10–11.

[45]      Mr John Kovacic, Deputy Secretary, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 21 November 2012, p. 20.

[46]      Law Council of Australia, Submission 29, p. 2.

[47]      Department of Education, Employment and Workplace Relations, Submission 28, p. 11.

[48]      See, for example, Chamber of Commerce and Industry (WA), Submission 15, p. 3; Maritime Union of Australia, Submission 21, p. 7; Australian Chamber of Commerce and Industry, Submission 25, p. 39; AiGroup, Submission 26, p. 13; Australian Mines and Metals Association, Submission 30, p. 4

[49]      Australian Institute of Superannuation Trustees, Submission 9, p. 3. A notable exception to this general sentiment was the Financial Services Council, Submission 31, p. 9.

[50]      Russell Investments, Submission 16, p. 1.

[51]      Except in the case of defined benefit members.

[52]      See, for example, Qantas Group, Submission 5, pp 1–5; Australian Mines and Metals Association, Submission 30, p. 3; Rio Tinto, Submission 32, p. 7.

[53]      See, for example, Mercer Australia, Submission 13, p. 2; Russell Investments, Submission 16, pp 3–4; Financial Services Council, Submission 31, pp 10–11.

[54]      Corporate Super Association, Submission 2, p. 2.

[55]      Corporate Super Specialist Alliance, Submission 4, p. 2.

[56]      See, for example, Mercer Australia, Submission 13, p. 3.

[57]      See, for example, Russell Investments, Submission 16, p. 5.

[58]      Ai Group, Submission 26, p. 5.

[59]      Ai Group, Submission 26, p. 5. Ai Group suggested a clause such as the following: 'any superannuation fund that offers a MySuper product to which the employee was making superannuation contributions for the benefit of its employees before 12 September 2008, providing that the superannuation fund is an eligible choice fund'.

[60]      This 'would provide for these companies specific funds which are authorised to offer MySuper products the same status as contributions that go into public sector schemes or defined benefit schemes': Mr Dick Grozier, Director Industrial Relations, NSW Business Chamber, Australian Chamber of Commerce and Industry, Proof Committee Hansard, 21 November 2012, p. 5.

[61]      Explanatory Memorandum, Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Bill 2012, paragraph 4.20.

[62]      See, for example, Corporate Super Association, Submission 2, p. 3; Corporate Super Specialist Alliance, Submission 4, p. 4.

[63]      Mr John Kovacic, Deputy Secretary, Workplace Relations and Economic Strategy, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 21 November 2012, p. 23.

[64]      Corporate Super Specialist Alliance, Submission 4, p. 4. See also Russell Investments, Submission 16, p. 4.

[65]      See, for example, Corporate Super Specialist Alliance, Submission 4, p. 2; Financial Services Council, Submission 31, p. 6.

[66]      Russell Investments, Submission 16, p. 4.

[67]      See, for example, Financial Services Council, Submission 31, p. 4;

[68]      See, for example, Ai Group, Submission 26, p. 5.

[69]      Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions, Proof Committee Hansard, 21 November 2012, p. 18.

[70]      Dr Alison Morehead, Group Manager, Workplace Relations Policy, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 21 November 2012, p. 24.

[71]      Australian Council of Trade Unions, Submission 8, p. 6. See also, Mr Tim Lyons, Assistant Secretary, Australian Council of Trade Unions, Proof Committee Hansard, 21 November 2012, pp 18–19.

[72]      Australian Council of Trade Unions, Submission 8, p. 6.

[73]      Australian Institute of Superannuation Trustees, Submission 9, p. 1.

[74]      Australian Institute of Superannuation Trustees, Submission 9, p. 6.

[75]      Industry Super Network, Submission 19, p. ii.

[76]      Housing Industry Association, Submission 14, p. 6.

[77]      See for example, Australian Council of Trade Unions, Submission 8; MUA, Submission 21, p. 2; Ai Group, Submission 26, p. 6.

[78]      Australian Institute of Superannuation Trustees, Submission 9, p. 2.

[79]      Financial Services Council, Submission 31, p. 12.

[80]      Australian Institute of Superannuation Trustees, Submission 9, p. 6.

[81]      Mr John Kovacic, Deputy Secretary, Workplace Relations and Economic Strategy, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 21 November 2012, p. 25.

COALITION SENATORS' DISSENTING REPORT

[1]        Australian Labor Party, Fairer, Simpler Superannuation, 2010, Election Policy Document.

[2]        Productivity Commission, Default Funds in Modern Awards, Final Report, p. 25.

[3]        FSC, Submission 31, p. 3.

[4]        The Organisation for Economic Co-operation and Development (OECD), Competition: Economic Issues.

[5]        FSC, Submission 31, p. 5.

[6]        Baillieu likely to lose election: McCallum, AAP, 13 August 2012.

[7]        Unpacking the Fair Work Act, Professor Ron McCallum, 30 May 2011, www.hwlebsworth.com.au/latest-news-a-publications/publications/workplace-relations-and-safety/item/347-unpacking-the-fair-work-act.html

[8]        Address to the Norton Rose Australia Employment Conference by Senator Eric Abetz, 31 August 2012.

[9]        Australian Financial Review, 10 November 2012, p. 3.

[10]      Submission 20, p. 6.

[11]      Submission 25, p. 38.

[12]      Submission 29, p. 4.

[13]      http://catallaxyfiles.com/2012/11/17/shorten-delivers-for-his-mates/

[14]      Proof Committee Hansard, 21 November 2012, p. 20.

[15]      Hon. Kevin Rudd MP, 7.30 Report, 30 April 2007.

[16]      Fair Work Review Panel, Recommendation 50.

[17]      Proof Committee Hansard, 21 November 2012, p. 10.

[18]      Proof Estimates Hansard, 28 May 2012, p. 52.

[19]      Recommendation 47.

[20]      Proof Estimates Hansard, 17 October 2012, p. 107.

[21]      Board of Bendigo Regional Institute of Technical and Further Education v Barclay [No 2] [2012] HCA 42 (3 October 2012).

[22]      Union ties ‘basis for discrimination’, The Australian, 22 November 2012, p. 1.

[23]      Proof Committee Hansard, 21 November 2012, p. 23.

[24]      Department of Education, Employment and Workplace Relations, Annual Report 2011–12.

[25]      Proof Committee Hansard, 21 November 2012, p. 3.

[26]      Answer to Question on Notice.