Chapter 2 - Review of selected reports

Chapter 2Review of selected reports

2.1Standing Order 25(20)(b) provides for the committee to consider selected annual reports in more detail. This chapter examines the following reports:

Education, Skills and Employment

Department of Education, Skills and Employment;

Australian National University; and

Australian Curriculum, Assessment and Reporting Authority.

Industrial Relations section of the portfolio

Attorney General’s Department (Outcome 2 only);

Australian Building and Construction Commission; and

Coal Mining Industry (Long Service Leave Funding) Corporation.

Education, Skills and Employment portfolio

Department of Education, Skills and Employment

2.2The 2021–22 Annual Report for the Department of Education, Skills and Employment (DESE) was tabled in the House of Representatives on 25 October 2022.[1]

2.3In the secretary’s review, Dr Michele Bruniges reflected on DESE’s continued support to families, children and childcare services during the COVID-19 pandemic and natural disasters. For example:

Support for the childcare system remained a focus for DESE this year, with a new national agreement on lifting enrolment and attendance and improving the quality and transparency of preschool data.

2.4Dr Bruniges also noted the introduction of legislation to remove the annual Child Care Subsidy cap, and reducing costs for families with more than one child in care, proving financial relief for approximately 250 000 families.[2]

Performance reporting

2.5In line with its Corporate Plan for 2021–22, DESE reported against four outcomes. The numbering of these outcomes reflects DESE as of 30 June 2022.[3]

Outcome 1 – Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality childcare, support, parent engagement, quality teaching and learning environments.

Outcome 2 – Promote growth in economic productivity and social wellbeing through access to quality higher education, international education, and international quality research.

Outcome 3 – Promote growth in economic productivity and social wellbeing through access to quality skills and training.

Outcome 4 – Foster a productive and competitive labour market through policies and programs that assist job seekers into work and meet employer needs.[4]

2.6Regarding all four outcomes, 29 out of 43 targets were either achieved or on track to be achieved.[5] In the last reporting period, there were 53 measurable targets and DESE had achieved or were on track to achieve 44 of the targets. In looking at this percentage wise, DESE’s performance is lower this reporting period than the previous period, with only 67 per cent of the targets being met this reporting period, compared to 83 per cent last reporting period.

2.7Data was not available for one measure in Outcome 1, as the main source of data for the target is the ABS Census of Population and Housing and there is no new data since the baseline result in 2016.

2.8Under Outcome 1, four out of the 11 measurable targets were not on track to be achieved. Three out of the four targets relate to the National Assessment Program – Literacy and Numeracy (NAPLAN). The fourth measure relates to increasing the proportion of students attending school 90 per cent of the time.[6]

2.9The performance statements in the annual report noted that one measure under Outcome 2 was unable to be assessed as during an Australian National Audit Office (ANAO) audit of DESE, it was identified that the department had not verified the third-party survey data used for assessing that measure.[7]

2.10DESE noted that the restrictions introduced to combat COVID-19 and the resulting arrangements for schooling across the country may have impacted NAPLAN results.[8] DESE noted that these same factors also affected student attendance in 2021.

2.11Although DESE did not meet its targets for measures relating to NAPLAN results for students across Australia, the full implementation of NAPLAN online was achieved in 2022:

In 2022 over 9,000 schools participated, with a record 4.3 million NAPLAN tests completed during the test window by students in years 3, 5, 7 and 9. The results will provide important insights into student achievement in key learning areas.[9]

Financial reporting

2.12For the reporting period of 2021–22, DESE reported a small surplus of $1.8 million after adjusting for unfunded expenses. This is a significantly smaller surplus than the previous reporting period where DESE reported a surplus of $119.7 million. The smaller surplus was attributed to the prioritised delivery of delayed measures, resulting in an increase in contractors and consultants for project work across the department.[10]

2.13During the 2021–22 reporting period, DESE administered 15 programs on behalf of the government, with expenses totalling $52.2 billion. Of this, $35.9 billion went towards funding for schools and higher education institutions, $9.8 billion went towards the childcare sector, $1.9 billion went towards employment services and $4.6 billion went towards supporting apprenticeships and trainees in Australia.[11]

2.14Overall, the committee considers that DESE has met its reporting requirements and its annual report is ‘apparently satisfactory’.

Australian National University

2.15The Australian National University (ANU) is a corporate commonwealth entity and educational institute first established by an Act of the Australian Parliament in 1946, and now established by the Australian National University Act 1991 (ANU Act). ANU has a ‘commitment to the Australian Government and people to provide globally significant research and an exemplary education, to contribute to societal transformation and to provide the best possible advice to policymakers’.[12]

2.16The ANU’s Vice-Chancellor and President, Professor Brian Schmidt AC FAA FRS, reflected on how the two years prior to the report had been the ‘most challenging the University has ever faced’ with continued lockdowns, extension of international border closures and a vaccination rollout for all Australians.[13] Despite the challenges of 2021–22, ANU celebrated its 75th anniversary, launched its ANU by 2025 Strategic Plan to ensure it continues to deliver on its founding mission, and unanimously voted to re-appoint the Honourable Julie Bishop for another four year term as Chancellor.[14] The annual report stated that:

We celebrated the University’s 75th anniversary and reflected on the incredible work that has been built upon these last seven and a half decades, and we celebrated our University’s culturally diverse community. The celebrations, which continue throughout our anniversary year, included the wider Canberra community, reinforcing that ANU is a resource beyond our campus and we serve the people of Australia.[15]

Performance reporting

2.17ANU measured its performance using a set of key performance indicators (KPIs), as listed in its annual report. The committee notes that although these KPIs are numbered one to 12, there is some confusion as to the total number of KPIs as two KPIs are listed as number 6.[16] The committee notes that the clarity of KPIs is important to assessment of ANU’s performance.

2.18 The nine purposes of the ANU, as detailed in its 2021–2025 Strategic Plan, and the relevant KPIs are listed below. Three KPIs were not achieved in the reporting period, five were not assessed, and four were achieved:[17]

Excellence in academic culture

Excellence in research and innovation

KPI 1: improvement in the proportion of academic staff contributing to excellence in research for Australia (ERA) level-4 and level-5 results. (achieved)

KPI 2: Annual increase in the quantity of research income, and diversity of sources of this income, relative to the quantity and sources available (not achieved).

KPI 3: Increase in citations normalised to subject areas (not achieved).

Excellence in education and student experience

KPI 4: Increase in the ratio of student applications to acceptances (not achieved).

KPI 5: Improvement in the overall satisfaction of students (achieved).

Our responsibility to national policymakers and national institutions

KPI 6: Annual independent evaluations of ANU impact in public policy, demonstrating improvement year-on-year (not assessed).

Our responsibility regarding Asia and the Pacific

KPI 6:[18] Annual independent evaluations of ANU impact in Asia and the Pacific, demonstrating improvement year-on-year (not assessed).

Our responsibility to Indigenous Australia

KPI 7: Annual independent evaluations of ANU meeting its responsibilities to Indigenous Australia, demonstrating improvement year-on-year (not assessed).

Achieving equity – within ANU and in society

KPI 8: Achievement of bronze, then silver, and subsequently gold recognition within the Australian SAGE Athena SWAN Accreditation Framework (achieved).

KPI 9: Increase in the proportion of commencing domestic undergraduate students from low-socioeconomic status (SES), Indigenous, regional and remote backgrounds so that it equals the national population share (achieved).

Building a culture of collegiality and engagement – across and beyond ANU

KPI 10: Improved collegiality as indicated by the participation cluster in the VOICE survey (not assessed).

KPI 11: Increased number of engaged alumni year-on-year (not assessed).

Creating an unrivalled campus environment

KPI 12: Demand for on-campus student accommodation met by 2021 (achieved).

2.19The non-assessment of KPIs in the reporting period, was due to factors including the impacts of COVID-19, fiscal restraints, university restructures and the introduction of a new KPI methodology in 2021.[19]

2.20Of the three KPIs that were not achieved, one related to the excellence in education and student experience purpose statement, specifically increasing the ratio of student applications to acceptances. This KPI seeks to measure the demand for places at the university for the domestic undergraduate cohort. ANU notes that strong demand represents the quality of the educational offering and the reputation of the university in terms of its academic reputation and graduate outcomes.[20]

2.21In this reporting period, ANU saw a decrease in the conversion rate for domestic cohorts from applications to enrolment in comparison to 2020, with a return to the 2018 ratio of 3.9. ANU noted that this decline in conversion rate could be attributed to the COVID-19 situation in Australia with border closures, lockdowns and a reduction in interest in moving interstate.[21] However, ANU did see a significant increase in applications compared to previous years, with 12 016 applications received.[22] This was likely due to ANU signalling to the market the intention to accept the best of year 11 and year 12 results, in recognition of the impacts that COVID-19 had on schooling and exams.[23]

2.22For ANU’s seventh purpose statement, ‘achieving equity – within ANU and in society’, the KPI measures the increase in the proportion of commencing domestic undergraduate students from low-SES, Indigenous, regional and remote backgrounds so that it equals the national population share.[24] This KPI was achieved by ANU, with an increase in enrolments by low-SES and regional and remote students compared to 2020. However, there was a slight decrease in the number of Indigenous students enrolled compared to 2020.[25]

2.23One of the performance criteria under ‘our responsibility to Indigenous Australia’, was not able to be assessed for the reporting period due to the impacts of COVID-19. This KPI looks at annual independent evaluations of ANU meeting its responsibilities to Indigenous Australia, demonstrating improvement year-on-year.[26]ANU noted that there will be no further independent evaluations of ANU meeting these responsibilities until this KPI has been reviewed by the university leadership team. ANU also noted that its First Nations Portfolio will work closely with the Office of the Vice-Chancellor to review, and potentially propose an alternative, to this KPI for assessment in future reporting periods.[27]

Financial reporting

2.24ANU reported a surplus result of $236.7 million in 2021. This compares with the deficit of $17.7 million in 2020.[28] ANU noted that this marked difference could, in part, be attributed to an increase in Australian Government Financial Assistance and investment revenue in 2021 and a decrease in insurance claims compared to 2020.[29]

2.25The committee considers that ANU has met its reporting obligations as a corporate Commonwealth entity and its annual report is ‘apparently satisfactory’.

Australian Curriculum, Assessment and Reporting Authority

2.26The Australian Curriculum, Assessment and Reporting Authority (ACARA) is a corporate Commonwealth entity established by the Australian Curriculum, Assessment and Reporting Authority Act 2008. ACARA’s vision is to ‘inspire improvement in the learning of all young Australians through world-class curriculum, assessment and reporting’.[30]

2.27In the Chair’s foreword, Mr Derek Scott reflected on some of the significant milestones that were accomplished during the reporting period:

We accomplished significant milestones in the reporting period, with the completion of two important projects now heralding a new era for ACARA: the transition of all schools to an online National Assessment Program – Literacy and Numeracy (NAPLAN) assessment, and endorsement and publication of the Australian Curriculum, Version 9.0.[31]

2.28Mr Scott noted that ACARA’s focus over the coming years will be on developing resources and materials to support teachers as they implement the new version of the Australian Curriculum. ACARA’s Chief Executive Officer (CEO), Mr David de Carvalho, also made comments on the significance of the endorsement of the new curriculum.

The endorsement of the new curriculum was the culmination of many years of research, consultation and collaboration through the Australian Curriculum Review. The outcome is a more stripped-back and teachable curriculum that identifies the essential content our students should learn. Together with new resources designed to support our teachers, it is expected the Australian Curriculum will lead to improved student outcomes.[32]

2.29The CEO acknowledged that the effects of COVID-19 were still prevalent during 2021 and brought challenges to the schooling system, but the CEO congratulated teachers and schools for adapting and ushering students through the lockdowns, and applauded the resilience of students, parents and carers.[33]

Performance reporting

2.30ACARA measured its performance using 12 measures against five purposes as set out in its Corporate Plan:

To provide a world-class curriculum from Foundation to Year 12 in specified learning areas as agreed by education ministers, and assemble the evidence base required to review, develop and refine curriculum.

To provide quality, comprehensive and cohesive suite of national assessments.

To provide and apply a comprehensive and reliable national measurement framework; to facilitate the use of dissemination of data for research and policy development in accordance with agreed protocols; to present detailed, accessible, timely and meaningful school education performance information.

To provide effective national leadership in curriculum development, educational assessment and national reporting, and closely collaborate with jurisdictions, the non-government education sectors and relevant stakeholders in pursuing the national education agenda.

ACARA will recruit, develop and retain high-performing staff and will foster a positive and agile work culture. Its people will reflect the diversity and dynamism of the education community and will have the skills and values needed to support ACARA’s ongoing responsibilities as well as advance the authority’s strategic proposals.[34]

2.31Out of the 12 measures against the five purpose statements, nine were achieved and the remaining three were partially achieved. The performance criteria under 2.4: National Collaboration and Leadership, which had a total of four measures allocated to it (the most of any performance criterion), was fully achieved. This was the same result as the previous reporting period, indicating that ACARA continues to perform well when it comes national leadership in curriculum development and collaborating with relevant stakeholders in pursuing the national education agenda.[35]

2.32The first measure under 2.1: National Curriculum was listed as being partially met. This measure was related to ACARA’s activities associated with maintaining and enhancing the curriculum support resources available on, and the online functionality of, the new Australian Curriculum website completed each year. Due to the endorsement of the new Australian Curriculum, Version 9.0, not occurring till April 2022, the new website was not released until May 2022. Normally this would take place in December of the previous year. This meant there was insufficient time to update and publish the new website.[36]

2.33The performance measure under 2.3: National Data and Reporting, that was partially achieved was in relation to the redesign of ACARA’s suite of websites including a reporting channel. ACARA noted that planning has commenced to refresh and update the content on the existing reporting website. ACARA anticipates that the new reporting channel will be launched in 2024.[37]

2.34The measure relating to ACARA staff satisfaction and engagement was also only partially achieved. ACARA aims for a staff engagement score of at least 80 per cent. This was achieved. However, ACARA aims for a wellbeing score of at least 75 per cent. This was slightly under target with a result of 74 per cent. ACARA did note that this outcome was four per cent higher than the previous survey conducted in 2019 and 12 per cent higher when compared to the public sector benchmark, or similar organisations.[38]

Financial reporting

2.35ACARA’s funding is approved by the Education Council which has endorsed a 50 per cent contribution from the Commonwealth and a 50 per cent contribution from the state and territory governments. ACARA splits its spending by work plan with five per cent going towards national collaboration and leadership, 10 per cent towards national data collection and reporting, 27 per cent towards the national curriculum and 57 per cent towards national assessment.[39]

2.36In the reporting period ACARA reported a deficit result of $0.08 million against a budget of break even. In the previous reporting period ACARA reported a surplus of result of $0.07 million.[40]

2.37The committee considers that ACARA has met its reporting requirements as a corporate Commonwealth entity and its annual report is ‘apparently satisfactory’.

Industrial Relations portfolio

Attorney-General’s Department

2.38Before the recent Machinery of Government changes, a number of industrial relations and workplace safety functions fell under the Attorney-General’s portfolio. Future committee reports will examine annual reports relating to workplace relations issued by agencies of the Employment and Workplace Relations portfolio. This section of the report will review Outcome 2 of the Attorney General’s Department (AGD), which is ‘to facilitate jobs growth through policies and programs that promote fair, productive and safe workplaces’.[41]

Performance reporting

2.39In the performance summary of AGD’s annual report, AGD noted that in 2021 it improved the way it measure its performance and had made changes to its performance measures and targets.[42] Its annual report states that:

Our performance results describe our achievements this year in a way that:

shows how each measure links to the portfolio budget statements, the corporate plan and the key activity

specifies what the target for the measure was and the achievement against the target

provides an analysis of the factors that contributed to the performance achieved and any other matters that may assist to explain the achievement.[43]

2.40AGD achieved mostly positive results for performance measures relating to the operation of the industrial relations system. This includes stakeholder and client satisfaction, and engagement in discussion on policy development for industry stakeholders and state and territory governments. Stakeholder respondents to AGD’s survey provided positive ratings for effectiveness with a score of 76 index points out of 100. However, this performance target was rated as only partly achieved due to stakeholder respondents giving a score of only 73 for timeliness and responsiveness. To be considered achieved, stakeholders needed to have given a score of 75 or above for both.[44]

2.41AGD noted that aspects relating to timeliness of its advice and the provision of information have been identified as areas for improvement. The annual report also expressed that AGD will continue to improve its stakeholder engagement to meet its targets in relation to industrial relations.[45]

2.42AGD also administered a program called the Fair Entitlements Guarantee (FEG). This program provides financial support to workers who have not received their full entitlements due to the liquidation or bankruptcy of their employer.[46] There were three performance targets allocated to the administration of the FEG; two were achieved and one was partially achieved.

2.43The target that was only partially achieved, measured the amounts recovered by the FEG Recovery Program to achieve the estimated recoveries forecast to the Department of Finance. In 2021–22 the forecasts estimated that the FEG Recovery Program would recover $22.638 million. However, by the end of the reporting period, the program had recovered $19.558 million. AGD anticipated that the forecast was expected to be recovered in the subsequent financial years.[47]

2.44AGD also found that 99.5 per cent of FEG claim payments were correct after auditing 480 out of 6,781 claim decisions made during the reporting period. This is an increase on the previous reporting period’s result of 98.1 per cent.[48]

2.45AGD also reported a stronger result in the efficiency of average processing times for FEG claims. AGD’s performance target was an average of fourteen weeks. In the last reporting period AGD reported a result of 13.4 weeks. This reporting period AGD reported a result of an average of 9.3 weeks processing time for claims. The annual report noted that:

This performance shows FEG claims are being processed in a timely manner and high levels of accuracy and stakeholder satisfaction are being maintained. This strong result reflects the operating environment in the program, which included a lower volume of claims being received. Our administration of the Fair Entitlements Guarantee is mature.[49]

Financial reporting

2.46This report did not examine AGD’s financial reporting, as the committee is only required to examine Outcome 2. For more information on AGD’s financial reporting please see Annual Report (No. 1 of 2) 2023 by the Senate Legal and Constitutional Affairs Committee.

2.47The committee considers AGD to have met its reporting requirements and its annual report is ‘apparently satisfactory’.

Australian Building and Construction Commission

2.48The Australian Building and Construction Commission (ABCC) is a non-corporate commonwealth entity established under the Building and Construction Industry (Improving Productivity) Act 2016. The ABCC was abolished from 6 February 2023, meaning its annual report for 2021-22 will be its final report.[50]The abolition of the ABCC was due to the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022. The bill amended the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) to abolish the ABCC and repeal the Code for Tendering and Performance of Building Work 2016, while transferring the ABCC’s remaining functions, of monitoring and promoting compliance with a number of workplace laws by employees of the building and construction industries, to the Fair Work Ombudsman.[51]

2.49The Commissioner, Mr Stephen McBurney, reflected on the fact that this would be the ABCC’s final annual report and discussed the ABCC’s performance during the reporting period:

I expect this will be the final annual report for the ABCC under my watch. We are in a state of transition to abolition. In the reporting period, our focus was to:

Educate, advise and assist the industry to comply with the law;

Recover monies for employees and subcontractors;

Support victims of unlawful conduct;

Promote initiatives aimed at eliminating sexual harassment in the industry.

I am pleased to report the ABCC exceeded all our key performance indicators set out in our Corporate Plan.[52]

2.50The Commissioner also noted that the ABCC was ranked second out of 98 Australian Public Service agencies in terms of staff wellbeing. This wellbeing index score provides a measure of the practical and cultural elements that allow for a sustainable and healthy working environment.[53]

Performance reporting

2.51The ABCC had a single outcome and associated program, as outlined in the Portfolio Budget Statements 2021–22:

Outcome 1: enforce workplace relations laws in the building and construction industry and ensure compliance with those laws by building industry participants through the provision of education, assistance and advice.[54]

2.52To measure its performance, the ABCC used eight KPIs. In this reporting period, all eight KPIs were reported to have been met.[55]

2.53For the strategic objective relating to advising and assisting the industry, which encompasses KPIs two to four, the ABCC reported that caller surveys indicated that 98.9 per cent of stakeholders were satisfied or highly satisfied with the quality and timeliness of advice and assistance provided. The ABCC noted that this was an endorsement of the value and quality of the information provided by the ABCC to industry.[56]

2.54Under this same strategic objective, the ABCC also delivered 203 presentations to 2 692 participants, exceeding its target of 175 presentations. The report also noted that 99 per cent of surveyed stakeholders indicated that the tools and resources provided by the ABCC improved their understanding of workplace rights and responsibilities. Despite exceeding the KPI target, the number of presentations in this reporting period were slightly less than the previous, with a total of 241 presentations delivered in the 2020–21 period.[57]

2.55As well as delivering presentations, the ABCC also conducted site visits to monitor and promote appropriate standards of conduct in the industry. The ABCC conducted both physical site visits as well as virtual site visits. The virtual site visits provided the ABCC with an alternative option when pandemic-related restrictions prevented physical site visits. In this reporting period the ABCC conducted a total of 1 325 physical site visit and 312 virtual site visits.[58]

Investigations and compliance activities

2.56For the 2021–22 reporting period, the ABCC reported the recovery of $2.569million in unpaid wages, for 4330 employees. During the same period, the ABCC finalised two cases relating to wage underpayments and commenced court proceedings in one further wages-related matter.[59]

2.57The ABCC, in the reporting period, initiated 23 civil penalty proceedings in the courts, but none of these proceedings involved wages or entitlements.[60]

2.58According to its annual report, the ABCC commenced 164 new investigations into suspected breaches of workplace laws—however, no investigations were commenced into sham contracting.[61] The ABCC further investigated 377 alleged contraventions of Commonwealth workplace laws in 2021–22; of which only fourteen were in relation to sham contracting.[62]

2.59During questioning of the ABCC during Budget Estimates 2022–23 in November 2022, the ABCC was asked about their investigations and prosecutions into sham contracting, in recognition of the fact the building and construction industry has a ‘high reputation for sham contracting’.[63]

2.60The ABCC stated that it had not pursued any sham contracting cases in the reporting period, resulting in zero prosecutions.[64]

Financial reporting

2.61In the 2021–22 reporting period, ABCC’s total income was $35.228 million, which included appropriation funding of $34.304 million. The agency incurred total expenses of $32.233 million. As a result, the ABCC recorded a surplus of $2.995 million in this reporting period.[65]

2.62The committee considers that the ABCC’s final annual report has met its reporting requirements and is ‘apparently satisfactory’.

Coal Mining Industry (Long Service Leave Funding) Corporation

2.63The Coal Mining Industry (Long Service Leave Funding) Corporation (Coal LSL) is a corporate Commonwealth entity established under the Coal Mining Industry (Long Service Leave) Administration Act 1992. Coal LSL’s purpose is to ‘ensure eligible employees are connected with their long service leave benefits by exercising the powers and functions’ of their governing legislation.[66]

2.64In the Chair’s review, Ms Christina Langby focussed on the release of the KPMG Australian report, Enhancing certainty and fairness: Independent Review of the Coal Mining Industry (Long Service Leave Funding) Scheme.[67]Twenty recommendations were made, with 10 directed at the government, including amendments to legislation. Ms Langby noted that the remaining 10 recommendations reflect the work of Coal LSL’s existing strategic roadmap:

The release of the report was a positive step forward for the Coal LSL, shining a light on the importance of the scheme for employees in the Australian black coal mining sector. It recognised that aligning the governing legislation with the needs of the changing workforce and industry will ensure employees are able to access their entitlements and that compliance is streamlined and efficient for employers.[68]

2.65The CEO, Ms Darlene Perks, also reflected on the year considered by this report and noted that Coal LSL had made some ‘significant progress’ despite ‘operating in an external environment that continues to challenge the Australian black coal mining industry’. Ms Perks explained some elements of this environment:

The beginning of a global shift to carbon neutrality. The impending early closure of coal-fired power stations. Widespread change in employment conditions across the Australian workforce relations landscape. Uncertain global markets.

As Coal LSL’s external environment shifts, the onus is on us to support the industry we serve by evolving and maturing as an organisation.[69]

2.66The CEO also noted that one of Coal LSL’s achievements this year was the adoption of a new strategic alignment model to reflect the realignment of its purpose and vision. Its purpose now works in conjunction with its vision which is:

Enhancing our communities as a contemporary, sustainable long service leave scheme by ensuring benefits are accessible to employees when needed.[70]

2.67The CEO noted that one of the major challenges that Coal LSL faced this year was the instability of the global market and this is reflected in its financial performance for this reporting period which is discussed at the end of this section.[71]

Performance reporting

2.68Coal LSL measures its performance based on four goals with each goal having one to three performance criteria. The four goals are:

Prudent financial management;

Easy to do business with;

Connected capable people; and

Optimised operations.[72]

2.69In analysing Coal LSL’s performance against the four goals, it performed strongly across all of the goals and improved on its results from the previous reporting period. [73]

2.70In relation to Goal 1: Prudent financial management, Coal LSL met all three performance criteria under this goal. For performance criterion 3: Operational and capital expenditure, Coal LSL had a goal of ensuring all expenditure was within budget. Coal LSL noted that it maintained robust discipline in financial practice by delivering operational and strategic initiatives within the Board-approved budget, which in turn further strengthens the sustainability of the Fund.[74]

2.71In relation to Goal 2: Easy to do business with, Coal LSL noted that its Client Satisfaction Survey (CSS) results revealed that overall employer satisfaction with Coal LSL was 76 per cent, which was an increase from 74 per cent in the previous year. In 2021–22 Coal LSL also completed the first stage of updating the levy return submission process. The new system is an online platform called Levy Loader. Results of the CSS revealed that 79 per cent of employers who participated were satisfied with the new Levy Loader platform and process.[75]

2.72The new Levy Loader platform also relates to Goal 4: Optimised operations. Before the introduction of the new platform, only 12 per cent of submitted levy returns used this system, which for 2021–22, had increased to 44 per cent of levy returns. The average processing time had also become more efficient with the average time reduced to three days, down from 10 days prior to the introduction of Levy Loader.[76]

Financial reporting

2.73Coal LSL reported an operational expenditure of $36.74 million which was $5.69 million below budget. Total capital expenditure was $11.28 million, which was $1.44 million below budget.[77] Coal LSL’s total funds under management sat at $1.95 billion in 2021–22 as opposed to $2.10 billion in June 2021. Ms Langby noted that high inflation and rising interest rates affected investment returns, impacting the fund surplus. Coal LSL have commissioned a full actuarial review to provide guidance on the current funding ratio and the required levy rate to continue to meet future liabilities.[78]

2.74The committee considers Coal LSL’s annual report to have met its reporting obligations and considers the report ‘apparently satisfactory.

Senator Tony Sheldon

Chair

Footnotes

[1]The Department of Education, Skills and Employment Annual Report 2021–22 has not yet been tabled in the Senate.

[2]Department of Education, Skills and Employment, Annual Report 2021–22, p. 1.

[3]As noted in chapter 1, under the AAO effective 1 July 2022, DESE was renamed Department of Education and responsibility for skills and employment transferred to the newly established Department of Employment and Workplace Relations.

[4]Department of Education, Skills and Employment, Annual Report 2021–22, pp. 12–13.

[5]Department of Education, Skills and Employment, Annual Report 2021–22, pp. 28–33.

[6]Department of Education, Skills and Employment, Annual Report 2021–22, pp. 28–29.

[7]Department of Education, Skills and Employment, Annual Report 2021–22, p. 61.

[8]Department of Education, Skills and Employment, Annual Report 2021–22, p. 37.

[9]Department of Education, Skills and Employment, Annual Report 2021–22, p. 17.

[10]Department of Education, Skills and Employment, Annual Report 2021–22, p. 104.

[11]Department of Education, Skills and Employment, Annual Report 2021–22, p. 104.

[12]Australian National University, Annual Report 2021, p. 19.

[13]Australian National University, Annual Report 2021, p. 6.

[14]Australian National University, Annual Report 2021, p. 7.

[15]Australian National University, Annual Report 2021, p. 7.

[16]Australian National University, Annual Report 2021, p. 20.

[17]Australian National University, Annual Report 2021, p. 19.

[18]See paragraph 2.17.

[19]Australian National University, Annual Report 2021, p. 20.

[20]Australian National University, Annual Report 2021, p. 27.

[21]Australian National University, Annual Report 2021, p. 28.

[22]Australian National University, Annual Report 2021, p. 28.

[23]Australian National University, Annual Report 2021, p. 28.

[24]Australian National University, Annual Report 2021, p. 38.

[25]Australian National University, Annual Report 2021, p. 39.

[26]Australian National University, Annual Report 2021, p. 34.

[27]Australian National University, Annual Report 2021, p. 36.

[28]Australian National University, Annual Report 2021, p. 16.

[29]Australian National University, Annual Report 2021, p. 17.

[30]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, p. 9.

[31]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, p. 6.

[32]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, p. 8.

[33]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, p. 7.

[34]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, pp. 13–27.

[35]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, pp. 23–25.

[36]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, p. 13.

[37]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, p. 21.

[38]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, p. 27.

[39]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, p. 41.

[40]Australian Curriculum, Assessment and Reporting Authority, Annual Report 2021–22, p. 41.

[41]Attorney-General’s Department, Annual Report 2021–22, p. 7.

[42]Attorney-General’s Department, Annual Report 2021–22, p. 11.

[43]Attorney-General’s Department, Annual Report 2021–22, p. 11.

[44]Attorney-General’s Department, Annual Report 2021–22, p. 21.

[45]Attorney-General’s Department, Annual Report 2021–22, p. 21.

[46]Attorney-General’s Department, Annual Report 2021–22, p. 27.

[47]Attorney-General’s Department, Annual Report 2021–22, p. 27.

[48]Attorney-General’s Department, Annual Report 2021–22, p. 27.

[49]Attorney-General’s Department, Annual Report 2021–22, p. 27.

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[51]Senate Education and Employment Legislation Committee, Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 {Provisions}, November 2022, p. 17.

[52]Australian Building and Construction Commission, Annual Report 2021–22, p. x.

[53]Australian Building and Construction Commission, Annual Report 2021–22, p. xi.

[54]Australian Building and Construction Commission, Annual Report 2021–22, p. 3.

[55]Australian Building and Construction Commission, Annual Report 2021–22, p. 11.

[56]Australian Building and Construction Commission, Annual Report 2021–22, p. 13.

[57]Australian Building and Construction Commission, Annual Report 2021–22, p. 15.

[58]Australian Building and Construction Commission, Annual Report 2021–22, pp.15–16.

[59]Australian Building and Construction Commission, Annual Report 2021-22, pp. 24-25.

[60]Australian Building and Construction Commission, Annual Report 2021-22, p. 34.

[61]Australian Building and Construction Commission, Annual Report 2021-22, p. 28.

[62]Australian Building and Construction Commission, Annual Report 2021-22, p. 29.

[63]Senator Tony Sheldon, Chair, Education and Employment Legislation Committee, Committee Hansard, 8November 2022, p. 84.

[64]Mr Stephen McBurney, Australian Building and Construction Commissioner, Committee Hansard, 8November 2022, p. 84.

[65]Australian Building and Construction Commission, Annual Report 2021-22, p. 70.

[66]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 8.

[67]Department of Employment and Workplace Relations, Independent Review of the Coal LSL Scheme, https://www.dewr.gov.au/independent-review-coal-lsl-scheme (accessed 7 March 2023).

[68]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 5.

[69]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 6.

[70]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 6.

[71]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 6.

[72]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 23.

[73]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 22-28.

[74]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 24.

[75]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 25.

[76]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021–22, p. 27.

[77]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021­22, p. 24.

[78]Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2021­22, p. 5.