Chapter 1


Introduction

Reference

1.1        The Fair Work Amendment (Repeal of 4 Yearly Reviews and other Measures) Bill 2017 (the bill), was introduced into the House of Representatives on 1 March 2017 by the Hon. Mr Dutton MP, Minister for Immigration and Border Protection.[1]

1.2        On 23 March 2017, the provisions of the bill were referred to the Senate Education and Employment Legislation Committee (the committee) for inquiry and report by 22 May 2017.[2]

Conduct of the inquiry

1.3        Details of the inquiry were made available on the committee's website.[3] The committee also contacted a number of organisations inviting submissions to the inquiry. Submissions were received from 14 organisations, as detailed at Appendix 1.

1.4        A public hearing was held on 12 April 2017. The witness list is included at Appendix 2.

Structure of the report

1.5        This introductory chapter sets out the background to the inquiry. Chapter 2 examines the background and detail of the bill.

1.6        Chapter 3 considers the key issues identified by submitters in relation to the bill, including:

  • removing the requirement for four yearly reviews;
  • allowing the Fair Work Commission to overlook minor procedural or technical errors; and
  • applying the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 to all Fair Work Commission members and enabling a Commission to be established to investigate a Fair Work Commission member.

Compatibility with human rights

1.7        The bill's Statement of Compatibility with Human Rights states that the bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.[4]

Scrutiny of Bills Committee

1.8        The Senate Standing Committee for the Scrutiny of Bills (Scrutiny of Bills Committee) has considered the bill.[5] The Scrutiny of Bills Committee directed the attention of Senators to previous comments on the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012.[6]  

1.9        This Act enables parliamentary commissions to be established following a resolution by each House of the parliament to investigate specified allegations of misbehaviour or incapacity of a specified Commonwealth judicial officer (including a Justice of the High Court of Australia).

1.10      The Scrutiny of Bills Committee's comments related to the potential for trespass on personal rights and liberties in the context of:

  • the parliamentary commission issuing a search warrant;
  • protecting the personal reputation of the judicial officer being investigated; and
  • the judicial officer having to provide documents which may result in self-incrimination.[7]

Financial Impact Statement

1.11      A financial impact statement was not provided.

Hansard transcripts

1.12      In this report, references to the most recent Committee Hansard are to the proof transcripts. Page numbers may vary between the transcripts of the Proof Hansard and the Official Hansard.

Acknowledgement

1.13      The committee thanks those organisations who contributed to the inquiry by preparing written submissions and giving evidence at the hearing.

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