Chapter 2

Hearings

2.1
This chapter lists the key topics discussed for each department and agency examined during the committee's hearings for Budget Estimates 2022–23. Page numbers of the Proof Hansard for that day's hearing are indicated in brackets as a reference.1

Attorney-General's portfolio, Industrial Relations matters – Friday, 1 April 2022

Attorney-General's Department

2.2
Senator the Hon Michaelia Cash, the Attorney-General and Minister for Industrial Relations, was joined by Ms Katherine Jones, Secretary of the Attorney-General's Department (AGD) who made an opening statement on Australia's lodgement of its instrument of ratification for the International Labour Organisation's Protocol of 2014 to the Forced Labour Convention, 1930 (ILO protocol). Ms Jones stated that member states of the International Labour Organisation who ratify the protocol 'commit to taking effective measures to prevent and eliminate the use of forced or compulsory labour, provide the victims protection and access to appropriate and effective remedies, and sanctions the perpetrators of forced or compulsory labour'.2
2.3
Topics discussed for the Industrial Relations Group included:
The Registered Organisations Commission
Investigation of donations made by the Australian Workers Union to the organisation GetUp! (pp. 3–8, 11–15)
The funding and scope of the Fair Work Commission's small business unit (p. 9)
Current unemployment rates (pp. 9–11)
The domestic and international impact of Australia's ratification of the ILO protocol (p. 11)
Discussion of the Enhancing certainty and fairness: Independent Review of the Coal Mining Industry (Long Service Leave Funding) Scheme (Coal LSL review) report delivered by KPMG and the implementation of recommendations within the report (pp. 15–17)
A possible review of industrial relations processes (pp. 17–19)
The reappointment of the Registered Organisations Commissioner (p. 19)
Additional appointments to the Fair Work Commission and associated funding (pp. 19–25)
Recovery under the Fair Entitlements Guarantee Recovery Program (FEG) and independent reviews of the FEG (p. 25)
The implementation of the first recommendation from the Senate Select Committee on Stillbirth Research and Education (pp. 26–27)
Job insecurity (pp. 28–30, 34–35)
Statistics relating to casual employment (pp. 31–32)
Comparative regulation of registered and unregistered industrial organisations (pp. 32–34)
Decrease in expenditure in the 2022–23 Budget and budget for FEG processing (pp. 35–38)
Implementation of recommendations from the Report of the Migrant Workers' Taskforce by Professor Allan Fels AO (pp. 38–39).

Attorney-General's portfolio, Industrial Relations matters – Wednesday, 6 April 2022

Australian Building and Construction Commission

2.4
Mr Stephen McBurney, Commissioner of the Australian Building and Construction Commission (ABCC), did not make an opening statement.
2.5
Topics discussed for the ABCC included:
Impact of the outcome of Lendlease Building Contractors v Australian Building and Construction Commissioner (No 2) [2022] FCA 192 on the use of union logos, mottos and indicia on materials provided by employers (pp. 3–5)
Comparative prosecution rates of employers and individual employees by the ABCC (pp. 5–7)
The ABCC's monitoring and prosecution of sham contracting (pp. 6–9)
Treatment of women in the construction industry and related cases involving Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) officials (pp. 9–11)
The ABCC's knowledge in relation to an advertising campaign on policy matters run by the Master Builders Association (pp. 11–14)
Cases filed by the ABCC against the CFMEU (pp. 14–15).

Registered Organisations Commission

2.6
Mr Mark Bielecki, Commissioner of the Registered Organisations Commission (ROC), did not make an opening statement.
2.7
Topics discussed for the ROC included:
ROC's investigation into donations made by the Australian Workers Union (AWU) to the organisation GetUp!
Overview and legal costs of the investigation (pp. 16–18)
The value of the donations made by the AWU (pp. 20–21)
Details regarding destruction of documents during the investigation into donations made by the Australian Workers Union to organisation GetUp! (pp. 21–22)
Costs recovered by the ROC from the AWU during legal proceedings (p. 23)
Contraventions of the Fair Work (Registered Organisations) Act 2009 by the AWU (pp. 24–25)
Appointments and the length of tenures of key staff within the ROC (pp. 18–20).

Safe Work Australia

2.8
Ms Michelle Baxter, Chief Executive Officer of Safe Work Australia (SWA), did not make an opening statement.
2.9
Topics discussed for SWA included:
Implementation of recommendations from the Review of the model Work Health and Safety laws (the Boland Review) and consultation with the Australian Human Rights Commission (pp. 25–27)
Recognition of insecure work as a psychosocial hazard (p. 28)
Amendments to the model Work Health and Safety Act (pp. 28–30)
Data relating to silicosis diagnoses and prevention measures being taken by SWA (pp. 30–34)
Details regarding SWA's engagement of consultants (p. 34).

Comcare

2.10
Ms Susan Weston PSM, Chief Executive Officer of Comcare, did not make an opening statement. She was joined by Senator the Hon Amanda Stoker, Assistant Minister representing the Minister for Industrial Relations who informed the committee that Ms Weston would be retiring and thanked her for her long-standing contributions to the public service.3
2.11
Topics discussed for Comcare included:
The Seacare Scheme (scheme)
The agency's oversight of the scheme and it's viability (p. 35)
The scheme's ability to secure commercial insurance and consistency of insurance coverage for individual seafarers (pp. 36–37)
Contingency measures to provide cover for future claims (pp. 37–38)
Data reflecting workers covered by Comcare, and work being done in relation to psychosocial injury (pp. 38–39).

Fair Work Commission

2.12
Mr Murray Furlong, Acting General Manager of the Fair Work Commission (FWC), did not make an opening statement.
2.13
Topics discussed for the FWC included:
Vaccination policies investigated by the Commissioners of the FWC (pp. 40–42)
Development of legislation around vaccinations in the workplace (pp. 42–43)
Allocation of resourcing in the 2022–23 Budget and funding associated with the small business unit (p. 43)
Details regarding how the funding allocated to the small business unit will be utilised (pp. 44–45)
The contrast between the work of the small business unit and the Fair Work Ombudsman (FWO) (pp. 45–46)
Current workload of the FWC (pp. 46–47)
Impact of COVID-19 on the workload of the FWC and FWC response times to applications (pp. 48–49)
Details about the Cooperative Workplaces program (pp. 49–50)
Vacancies and appointments of Commissioners (pp. 50–52).

Fair Work Ombudsman

2.14
Ms Sandra Parker PSM, Fair Work Ombudsman (FWO), did not make an opening statement.
2.15
Topics discussed for the FWO included:
Avenues available for employees who might sustain an injury as a result of the COVID-19 vaccine (pp. 52–53)
Details of the FWO's investigation into unpaid parental leave at the Pagoda Tree Pty Ltd clinic (pp. 53–55)
The administration of paid parental leave and other entitlements to employees (pp. 56–57)
Reduction in funding for the agency in the 2022–23 financial year (pp. 57–59)
The processes associated with conducting investigations involving migrant workers who have departed the country (pp. 59–60).

Education, Skills and Employment Portfolio – Friday, 1 April 2022

Department of Education, Skills and Employment

2.16
Senator the Hon Linda Reynolds and Senator the Hon Amanda Stoker represented the Acting Minister for Education.
2.17
Dr Michelle Bruniges AM, Secretary of the Department of Education, Skills and Employment (DESE), did not make an opening statement.

Corporate and Enabling Services

2.18
Topics discussed for DESE – Corporate and Enabling Services included:
Ministerial responsibilities (pp. 42–44)
Rebranding of Workforce Australia and associated costs (pp. 44–46)
VET Skills Campaign and expected expenditure (pp. 46–47).

Higher Education, Research and International

2.19
Topics discussed for DESE – Higher Education, Research and International included:
Allocation of funding to the University Research Commercialisation Action Plan (pp. 48–51)
Budget allocation for higher education from 2022–2023 to 2025–2026 (pp. 51–53)
Statistics obtained from the National Student Safety survey and measures to address the prevalence of sexual assault and harassment experienced by students (pp. 53–57)
Funding for programs from the 2022–23 Budget (pp. 57–59).

Early Childhood and Child Care

2.20
Topics discussed for DESE – Early Childhood and Child Care included:
Findings from the Australian Investment in Education: Early Childhood Education and Care Report (Mitchell Institute report), and measures taken by DESE to identify and address areas with inadequate access to early childhood education (pp. 59–61)
The Community Child Care Fund (CCCF), established services and the program guidelines and approvals process (pp. 61–62 and 65)
Updates on the implementation of recommendations from the Australian Children's Education and Care Quality Authority (ACECQA) National Workforce Strategy (pp. 62–64)
Closure rates of early learning centres and child care services as a result of COVID-19 and flood emergencies (pp. 64–65).

Schools and Youth

2.21
Senator the Hon Linda Reynolds, representing the Acting Minister for Education, informed the committee that following a special education ministers' meeting the same afternoon, education ministers had endorsed the new Australian curriculum.4
2.22
Topics discussed for DESE – Schools and Youth included:
Funding allocation to 'Program 1.3 Government Schools National Support' DESE Portfolio Budget Statements 2022–2023 Budget Related Paper No.14 (pp. 67–68)
Trends and projections for future student enrolments (pp. 67–71)
Government support for schools impacted by floods (pp. 71–72)
Details regarding a speech given by the Hon Stuart Robert MP, Acting Minister for Education to Independent Schools Australia (pp. 72–73)
2022–23 Budget funding for schools (pp. 73–74)
Standards of teaching graduates and professional teaching standards (pp. 74–78)
Results on performance measures for program 1.3 (pp. 79–80)
Breakdown of funds allocated over five years to implement the recommendations of the Next Steps: Report of the Quality Initial Teacher Education Review (Quality Initial Teacher Education Review) including funds redirected from existing resources (pp. 80–83)
Engagement undertaken by DESE since the launch of the Youth Policy Framework (pp. 84–85).

Skills and Training

2.23
Topics discussed for DESE – Skills and Training included:
Funding for the National Agreement for Skills and Workforce Development (National Skills Agreement) (pp. 86–88)
Negotiations between states and territories and the Commonwealth regarding a draft skills agreement (pp. 89–92)
The establishment of industry clusters and associated grant processes (pp. 92–93)
Funding, operation and evaluations associated with Industry Training Hubs (pp. 93–96).

Employment

2.24
Topics discussed for DESE – Employment included:
The suspension of mutual obligations in flood affected areas (pp. 97–100)
Status and evaluation of the Jobactive final report (p. 101)
Statistics in relation to the utilisation and resourcing of the National Customer Service Line (pp. 101–102)
Details regarding the operation, function and target demographics of the ReBoot program (pp. 102–103)
Outcomes of performance measures in the portfolio's budget statement (p. 104)
Youth unemployment rate and contributing factors (pp. 104–105)
Data relating to contract renewals for Jobactive providers who have previously provided services (pp. 105–107)
Effects of the New Employment Services Model in specific regions including flood affected areas (pp. 108–109)
Performance ratings for current providers and associated weightings (pp. 109–111)
Reinvestment of funding into the New Employment Services Model (pp. 112–113)
New Employment Service Model implementation and the details of the outcomes of the request for proposals (pp. 114–115)
Structure of the enhanced services funding package (pp. 116–117)
Changes to the unemployment rate (pp. 117–118)
Breakdown of services within Jobactive (pp. 118–119)
Data relating to participants of the Skills and Training Incentive (pp. 119–120).

Australian Skills Quality Authority

2.25
Ms Saxon Rice, Commissioner of the Australian Skills Quality Authority (ASQA), did not make an opening statement.
2.26
Topics discussed for the ASQA included:
Staffing and funding changes to ASQA in response to the adoption of the training product assurance function from the Australian Securities and Investments Commission (ASIC) (pp. 120–121)
The ASQA's development of dispute resolution mechanisms, including for disputes involving government (pp. 121–122).

National Skills Commission

2.27
Mr Adam Boyton, Commissioner of the National Skills Commission (NSC), did not make an opening statement.
2.28
Topics discussed for the NSC included:
The government's response to the agency's Care workforce labour market study and the release of the report (pp. 122–123)
Findings from the Care workforce labour market study (p. 124).

Education, Skills and Employment Portfolio –Wednesday, 6 April 2022

2.29
Senator the Hon Linda Reynolds represented the Acting Minister for Education.

Australian Institute for Teaching and School Leadership

2.30
Mr Mark Grant, Chief Executive Officer of the Australian Institute for Teaching and School Leadership (AITSL), did not make an opening statement.
2.31
Topics discussed for the AITSL included:
AITSL's role in implementing recommendations from the Quality Initial Teacher Education Review (p. 64)
Implementation of the Highly Accomplished and Lead Teacher (HALT) initiative and distribution of teachers with HALT status (pp. 64–65)
Data analysis of teacher supply and demand (pp. 65–66)
Data from tertiary institutions relating to enrolment in education fields of study (pp. 66–67)
Projected teacher shortages over the next five years including numbers of teachers and distribution (pp. 67–68).

Tertiary Education Quality and Standards Agency

2.32
Professor Peter Coaldrake, Chief Commissioner of the Tertiary Education Quality and Standards Agency (TEQSA), did not make an opening statement.
2.33
Topics discussed for the TEQSA included:
Progress made with regard to universities addressing sexual assault and sexual harassment on campuses (pp. 68–69)
Regulatory activities undertaken by TEQSA (pp. 69–70)
The agency's process for regulating providers (pp. 70–73)
Wage theft in the university sector (pp. 73–74).

Australian Curriculum, Assessment and Reporting Authority

2.34
Mr David de Carvalho, Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority (ACARA), did not make an opening statement.
2.35
Topics discussed for the ACARA included:
Implementation of the Australian Curriculum review (pp. 74–75)
Processes associated with making changes to the Australian curriculum (pp. 74–76)
Analysis regarding gaps in NAPLAN results (pp. 76–79).

Australian Research Council

2.36
Ms Judith Zielke, Acting Chief Executive Officer of the Australian Research Council (ARC), did not make an opening statement.
2.37
Topics discussed for the ARC included:
Concerns raised by stakeholders regarding the ARC's governance and research funding process, and the committee's recent inquiry into the Australian Research Council Amendment (Ensuring Research Independence) Bill (pp. 79–80)
Measures implemented by the ARC to more efficiently assess grant applications (pp. 80–81)
Discussion regarding greater transparency around the use of ministerial discretion for the purpose of vetoing an individual grant (pp. 81–83).

Education, Skills and Employment Portfolio – 7 February 2022

2.38
Senator the Hon Linda Reynolds, Senator the Hon Amanda Stoker and Senator the Hon Anne Ruston represented the Acting Minister for Education.
2.39
Dr Michelle Bruniges AM, Secretary of DESE, did not make an opening statement.

Early Childhood and Child Care

2.40
Mr Brenton Philp, Deputy Secretary of DESE, did not make an opening statement.
2.41
Topics discussed for DESE – Early childhood and child care included:
The Mitchell Institute report and access to early learning and child care (pp. 5–6)
CCCF
Details regarding the establishment of 20 new child care and early education services (pp. 5–6)
Funding of the CCCF and services provided by the CCCF (pp. 6–7)
Process undergone by services to qualify for CCCF funding (pp. 7–8)
Identification of areas with thin markets (pp. 9–10)
Evaluation of the impacts of changes to the child care subsidy and associated statistics (pp. 10–13)
Waivers obtained from ACECQA's National Quality Framework within the sector (pp. 13–14)
Measures for improving wages and conditions of early childhood educators and teachers (pp. 14–17)
Differences in layout between the current 'Starting Blocks' child care website and the previous website 'Child Care Finder' (p. 17)
Extent to which the FWC will take into account the National Workforce Strategy in considering wages and conditions of early childhood educators (pp. 17–20).

Schools and Youth Division

2.42
Topics discussed for DESE – Schools and youth division included:
Announcement of new programs arising from the launch of Australia's Youth Policy Framework (pp. 20–21)
Current and future frameworks to facilitate ongoing youth engagement (pp. 21–22)
Processes by which issues raised by youth through engagement strategies will contribute to informing policy outcomes (pp. 22–23)
DESE involvement with the Australian Future Leaders Program (pp. 23–25)
The administration of funds to Indigenous boarding providers (pp. 25–26)
Additional supports offered by boarding providers who are recipients of funding, including transition support and measures to create culturally appropriate learning environments (p. 27)
The administration of funding for the Commonwealth Regional Scholarships program (pp. 27–29)
The development of respectful relationships education material for primary and secondary school students (pp. 29–31)
Membership of the respectful relationships reference panel (p. 30)
Data relating to grant applications received for the Emerging Priorities Program (pp. 32–33)
The Quality Initial Teacher Education Review
Agreement negotiations between Commonwealth and state and territory governments (pp. 34–35)
Implementation of recommendations from the review (pp. 35–39)
Data assumptions underlying projected changes to student enrolments (pp. 39–41)
Data around disability loading for government and non-government schools (pp. 41–42)
Changes in projected funding between government and non-government schools (pp. 42–44)
University course closures over the course of the COVID-19 pandemic in areas of designated skills shortage (pp. 44–46, 57–58)
Regional University Centres
Location of Regional University Centres (pp. 46–49)
Data relating to grant rounds and enrolment (pp. 46–50).

Skills and Training

2.43
Topics discussed for DESE – Skills and training included:
Provisions for the National Skills Agreement to states and territories (pp. 50 – 53)
Details of budget allocations for Jobtrainer and Skills campaigns (pp. 53–57).

Employment Division

2.44
Topics discussed for DESE – Employment division included:
Regions included in the rollout of the New Employment Services Model (pp. 58–59)
Data around usage of the Digital Identity authentication system (the system) (pp. 59–60)
Caseloads of individuals using the system (pp. 61–65)
Commencement of Workforce Australia and selection processes for assessors (pp. 65–68)
Operations and function of the National Workforce Taskforce (pp. 68–69)
Expenditure associated with and function of the Local Jobs Program (pp. 69–73).
Senator the Hon Matthew Canavan
Chair

  • 1
    Page numbers may vary between the Proof and Official Hansard transcripts when published.
  • 2
    Ms Katherine Jones, Secretary, Attorney-General's Department, Committee Hansard, 1 April 2022, p. 3.
  • 3
    Senator the Hon Amanda Stoker, Assistant Minister for Industrial Relations, Committee Hansard, 6 April 2022, pp. 34–35.
  • 4
    Senator the Hon Linda Reynolds, Minister for Government Services and Minister for the National Disability Insurance Scheme, Committee Hansard, 1 April 2022, p. 67.

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