Chapter 2Hearings
2.1This chapter lists the key topics discussed for each department and agency examined during the committee's hearings for Budget Estimates 2023-24. The discussion follows the outcome and agency structure.
Employment and Workplace Relations portfolio – Tuesday 30 May 2023
Department of Employment and Workplace Relations
2.2Senator the Hon Murray Watt, the Minister for Agriculture, Fisheries and Forestry and the Minister for Emergency Management, represented the Minister for Employment and Workplace Relations, and was joined by Ms Natalie James, Secretary of the Department of Employment and Workplace Relations (DEWR).
2.3The committee commenced its examination of DEWR by considering cross-portfolio, corporate and enabling services, and general matters.
Cross portfolio, Corporate and Enabling Services, and general matters
2.4Topics discussed included:
DEWR's workforce, including use of labour hire/non-APS staff;
'Same Job, Same Pay' policy measure consultation process;
Payments of contractors versus APS employees;
Processing of Freedom of Information (FOI) requests; and
Comments made by Attorney-General the Hon Mark Dreyfus KC MP on International Universal Access to Information Day.
Outcome 3: Workplace Relations
2.5The committee discussed the following topics under Outcome 3: Workplace Relations:
Funding and implementation of the Working Women's Centre;
Appointment of President Adam Hatcher to the Fair Work Commission (FWC);
Labour agreements and skilled migration;
Findings of the Office of Best Practice Regulation (OBPR) for the Regulation Impact Statement (RIS): Enterprise Bargaining Outcome, Jobs and Skills Summit and related information released via FOI;
The Australian Government's proposed 'Same Job, Same Pay' measure
Consultation in 2023;
Concerns from the business sector;
Contractors working on the policy;
Cost modelling;
Committee inquiry timeline.
Wage growth and remuneration for labour hire, short-term and permanent roles;
Labour hire use and employment practices of BHP and Qantas;
National Construction Industry Forum
Establishment of the body;
Funding arrangements;
Details regarding the membership;
Operations of the forum.
The effects of Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 on the gender pay gap and gender equity;
Funding eligibility for the Productivity, Education and Training Fund;
Terms of reference and funding for the review of the Fair Work Ombudsman (FWO);
Security of payments process after the abolition of the Australian Building and Construction Commission (ABCC);
$2 million funding package for the training of health and safety representatives;
Employee-Like – Forms of Work consultation paper
Stakeholder engagement;
Role of the FWC in the process;
Pay rates for independent contractors.
Impact of industrial relations reforms on the care economy and workforce.
Outcome 1: Employment
2.6In relation to Outcome 1: Employment, the committee discussed the following matters:
Employment Service Provider expenditure referrals to own or related entities;
Workforce Australian expenditure;
Career Transition Assistance;
Work for the Dole program
Changes to the program;
Impacts of COVID-19 on participants numbers; and
Competencies in the program.
ParentsNext program
Overview of the program;
Abolishment of compulsory components;
Participant numbers;
Mutual obligations under previous iteration of the program.
Number of complaints to the National Customer Service Line and Digital Services Contact Centre regarding Workforce Australia/ParentsNext;
Evaluation and abolishment of the Entrepreneurship Facilitator Program;
Employment White Paper and engagement of DEWR representatives in its development;
Number and demographics of participants in the Workforce Australia Online system;
Funding and places available under Y Care Careers announced as an election commitment;
Pacific Australian Labour Mobility (PALM) Scheme
Updated deed and guidelines;
Implementation of wellbeing, wellness and support officers;
Possible cases of exploitation and disengagement from the scheme;
Apportionment of costs across the scheme between Government and employers;
Persistent underpayment of migrant workers and implementation of the recommendations from the Migrant Workers Taskforce report.
Coal Mining Industry (Long Service Leave Funding) Corporation
2.7The committee called officers and Board members for the Coal Mining Industry (Long Service Leave Funding) Corporation (Coal LSL) and discussed the following matters:
Purchasing and selling of shares using the services of Hyperion Asset Management;
Black coal mining industry award terms and conditions;
KPMG review of Coal LSL; and
Operations of the Board.
Employment and Workplace Relations Portfolio – Wednesday 31 May 2023
2.8Senator the Hon Murray Watt, the Minister for Agriculture, Fisheries and Forestry and the Minister for Emergency Management, and later, Senator the Hon Anthony Chisholm, the Assistant Minister for Education and the Assistant Minister for Regional Development represented the Minister for Employment and Workplace Relations.
Fair Work Commission
2.9The committee called officers from the FWC and examined the following matters:
Funding and timeline for the review into modern awards;
Fair Work Amendment Legislation (Secure Jobs, Better Pay) Act 2022
Approval of enterprise agreements under the Act;
Additional support for stakeholders;
13 new appointments to the FWC;
Funding provided for the appointments;
Qualifications and locations of the new commissioners.
10 enterprise agreements for the black coal mining sector;
Appointment of expert panel members to the FWC;
Right of entry permits and FWC assessments of fit and proper persons;
Annual wage review
Consultation with stakeholders;
Timeline for the review;
Commissioner's consideration of submissions.
Fair Work Ombudsman
2.10Ms Sandra Parker PSM, appeared before the committee for the final time in her role as the Fair Work Ombudsman. Ms Parker reflected on her five-year appointment as the Ombudsman and what has been achieved over that time:
Collectively, we've implemented important reforms and delivered high-quality assistance, education, compliance and enforcement outcomes for workplace participants with an emphasis on the most vulnerable. Shortly after my commencement in July 2018, the FWO's operating environment changed, and recommendations about regulators arising from the banking royal commission, the Migrant Workers' Taskforce chaired by Allan Fels, along with increasing media and community commentary about wage theft in the restaurant and corporate sectors, and calls for the FWO to toughen up required me to review our compliance and enforcement approach and effectiveness. I commissioned an independent review of our operations in 2018 and from 2019 made significant changes to our regulatory approach, supported by strong internal governance to achieve stronger compliance and enforcement outcomes. The reforms have seen the FWO's regulatory posture move from less than five per cent of workplace disputes dealt by compliance and enforcement to 20 per cent.
2.11The committee further examined the following matters:
Review of the Fair Work Ombudsman
Consultation on the terms of reference;
Timeline for the review.
Meetings with the Minister for Employment and Workplace Relations and the Department;
The Ombudsman acquiring the functions of the ABCC
Staffing for the industrial compliance branch;
Additional resources and funding provided for the additional measures;
Transition of cases from the ABCC.
Funding arrangements and resourcing for the Ombudsman, including roles of staff;
Engagement with the university sector in terms of compliance with workplace relations law;
Current wage theft investigations into universities and FWO investigations more broadly;
Engagement with the University Accord process;
Training and advice on Positive Duty Obligations commencing later in 2023;
Consideration of menopause/reproductive health-related leave provisions;
Supporting small business to implement paid family and domestic violence leave;
Summary of Personal Payment Orders, High Court decisions;
Site visits for investigations and interventions in right of entry permits;
Mining enterprise agreements and related cases/investigations;
Union activities and FWO investigations
Project shutdowns in Victoria due to industrial action;
Penalties for unlawful industrial action;
Union activities on job sites in Victoria;
Jurisdictional tensions between unions on worksites;
Edith Cowan University project; and
Compliance actions regarding the PALM scheme.
Outcome 2: Skills and Training (Including Jobs and Skills Australia)
2.12The committee called officers from DEWR in relation to Outcome 2: Skills and Training (including Jobs and Skills Australia) and discussed the following matters:
VET student loans
Transfer of loans to the Australian Taxation Office;
Indexation of the loans;
Notifying students of debts.
Jobs and Skills Australia governance arrangements
Appointment of board members and recommendations/qualifications for board members.
Australian Skills Guarantee and meeting of targets;
Fee-free TAFE places
Enrolment and target numbers;
Course types,
Skills agreements with the states and territories.
Jobs and Skills council funding
Reprofiling of funding over the forward estimates;
Board structures;
Implementation dates.
Department's role in the nuclear-powered submarine program, including number and APS levels of staff working on the program;
Funding for the new National Skills and Training Taskforce and collaboration with Department of Education and Department of Defence;
Apprenticeships in Australia
Boosting Apprenticeship Commencements measure impact on apprenticeship commencements;
Commencement numbers and completion rates;
Targeted budget measures to support women in male-dominated trade apprenticeships; and
Clean-energy apprenticeships under the New Energy program.
Australian Skills Quality Authority
2.13The committee called officers from the Australian Skills Quality Authority (ASQA) and discussed the following matters:
Training organisations subject to ASQA performance assessments and levels of non-compliance;
Regulatory actions and sanctions for non-compliance;
Increase in student inquiries in 2021-22; and
Complaints from providers about ASQA.
Education portfolio – Thursday 1 June 2023
2.14Senator the Hon Anthony Chisholm, Assistant Minister for Education and Assistant Minister for Regional Development, represented the Minister for Education and was joined by Mr Tony Cook PSM, Secretary of the Department of Education.
Department of Education
2.15The committee commenced its examination of the Department of Education by considering topics under Corporate and Enabling Services.
Corporate and Enabling Services
Funding arrangements for Government and Non-Government schools;
Use of consulting firms
Value and number of contracts with PWC and other consulting firms;
Advice received from Department of Finance in relation to PWC;
Procurement and conflict of interest policies.
Processing of FOI requests;
Answers to questions on notice
Timeliness of receiving answers;
Accuracy in the answers provided.
Reviews of Department priorities and holistic pathways forward to improve the education system;
Average staffing level increases for 2023-24 and staffing capacity across the department;
Funding allocated for Government advertising campaigns;
Funding and re-prioritisation of education programs;
Negative Vetting clearance in Ministerial offices and number of briefings marked with cabinet classification;
Stakeholder meetings with the Minister; and
Regional Education Commissioner meetings with the Minister.
Outcome 1: Early Childhood and Youth
2.16In relation to Outcome 1: Early Childhood and Youth, the committee discussed the following matters:
Community Childcare Fund;
Use of spyware Cellebrite and data retained;
Effect of the upcoming child-care subsidy amendments, beginning July 1, on workforce shortages;
Number of childcare workers in the sector;
Pre-budget announcement of $72.4 million to support 80,000 educators - breakdown of places and consultation with stakeholders;
Number of fee-free TAFE and higher education places for early childhood education;
Pay rises for the early childhood education sector;
Excessive fee increases and projections for future fee increases;
Increases in out-of-pocket costs due to CPI;
Youth Engagement Model and Youth Advisory Groups;
Establishment and development of Childcare centres in remote communities, and engagement with SNAICC;
Child Care Subsidy Scheme - expenditure, compliance and circumstances for backdating;
Changes in State funding in the Preschool Reform Agreement;
Publication of transcripts from Ministerial interviews;
Meetings and expenditure of Youth Advisory Groups; and
Regional Education Support Network funding.
Outcome 1: Schools
2.17In relation to Outcome 1: Schools, the committee discussed the following matters:
School Resourcing Standard funding;
Education in Central Australia
$40.4 million spending commitment for education;
$250 million package for the Better, Safer Future for Central Australia program;
On-country learning, and intensive literacy and numeracy in identified schools.
National School Reform Agreement;
Funding for the Yipirinya School, Northern Territory;
Communication regarding the Voice to state and territory schools;
Recovery of overpayments to non-Government schools;
National framework to address issues with use of AI in schools;
Delivery of the City–Country Partnerships Program;
Regional Scholarships Program - commencement and development of guidelines;
Post COVID-19 one-off funding boost for schools;
Implementation of the National Teacher Workforce Action Plan;
Administration and expenditure under the Schools Upgrade Fund;
Funding and status of the Student Well-being Boost for schools, by jurisdictions;
Teacher Workload Reduction Fund and collaboration with states and territories;
Breakdown and oversight of funding for the Consent and Respectful Relationships Program;
National Respectful Relationships Working Group - terms of reference, membership;
National Partnership Agreement - details of grant rounds;
Funding arrangements for Studio Schools; and
Indigenous Education Research Centre.
Australian Institute for Teaching and School Leadership Limited
2.18The committee called officers from Australian Institute for Teaching and School Leadership Limited (AITSL) and discussed the following topics:
Funding for Improving Teacher Workforce Data and better forecasting of future educator needs;
AITSL membership on Commonwealth taskforces and interdepartmental committees;
Work and priorities of the National Teacher Workforce Action Plan;
Refining post-graduate teaching degrees;
Role of Highly Accomplished or Lead Teacher (HALT) certification; and
School disruption.
Australian Curriculum, Assessment and Reporting Authority
2.19The committee called officers from the Australian Curriculum, Assessment and Reporting Authority (ACARA) and examined the following topics:
My School data; and
New reporting process for NAPLAN.
Education portfolio – Friday 2 June 2023
2.20Senator the Hon Anthony Chisholm, Assistant Minister for Education and Assistant Minister for Regional Development, represented the Minister for Education.
Outcome 2: Higher Education, Research and International
2.21The committee called officers from the Department of Education in relation to Outcome 2: Higher Education, Research and International and discussed the following matters:
HECS/HELP loans
Indexation of debts this financial year;
Current fair value of loans;
Debt relief;
University Accord panel review;
Minister's requests for review of HECS/HELP loans;
Numbers and demographics of HECS/HELP debtors.
Financial impact on students of student placement programs;
Domestic university enrolment numbers;
Implementation of the Start-up Year program;
Vice-chancellor stakeholder meetings and Vice-chancellor salaries;
University support for students with a disability;
Multi-employer bargaining and wage theft in the university sector;
Investment in Research and Development;
Progress of the University Foreign Interference Taskforce and establishment and assessment of Confucius institutes;
University places announced under AUKUS to expand sovereign workforce capability;
Funding for the Microcredentials Marketplace (MicroCred Seeker);
Support for international students;
Sexual violence prevention in universities;
Misuse of student visas;
20,000 additional university places;
Funding for regional universities; and
$2.2 billion University Research Commercialisation Action Plan, including the Economic Accelerator Program.
Tertiary Education Quality and Standards Agency
2.22The committee called officers from the Tertiary Education Quality and Standards Agency (TEQSA) and discussed the following topics:
Workplace relations issues in universities;
Impacts of the findings in the JMC Pty Ltd v Commissioner of Taxation case;
Priorities of TEQSA;
Student safety on campus;
Use and detection of AI in universities; and
TEQSA's role in the Universities Accord process.
Australian Research Council
2.23Ms Judi Zielke PSM, Chief Executive Officer of the Australian Research Council, gave an update on the reform agenda guided by the ARC Strategy 2022–2025:
Almost one year since the release of the Strategy in August 2022, we have been delivering on our priorities to provide world-class advice and engagement, support research system excellence, and empower our people. In particular, we’ve made significant improvements in our engagement with universities, researchers and industry, and as a result, achieved substantial streamlining of our program guidelines and application forms, which greatly benefits researchers.
2.24Other matters discussed by the committee included:
Industry Fellowship Grants Scheme;
Guidance to assessors and providing detailed assessor scores to all researcher applicants;
Announcement of researcher outcomes;
CEO travel;
Recommendations of the Independent Review of the Australian Research Council Act 2001; and
Ministerial engagement.
Senator Tony Sheldon
Chair