Angus Taylor (Hume, Liberal Party, Shadow Treasurer) Share this | Hansard source

I rise to speak on the Parliamentary Workplace Support Service Bill 2023, the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Bill 2023 and the Members of Parliament (Staff) Amendment Bill 2023. Everyone deserves to have a safe and respectful workplace. All parties have a role in improving the parliament's culture. There have been challenges in our workplace, and we are working with all other parties and parliamentarians to address those challenges. We take these changes that we're talking about today very seriously. It's why we accepted and implemented the recommendations of the Foster review, including an independent complaints mechanism, workplace training and improved independent support services. It's why the former government accepted the Jenkins review and committed to working towards all 28 recommendations.

There have been concrete changes that will make our workplaces more safe and respectful. We now have in place an independent and confidential complaints mechanism for current and former parliamentarians and staff. We have a confidential 24-hour support service, for current and former parliamentarians and staff. We have new training and education programs for all our staff, and parliamentarians as well, to keep our workplaces safe and respectful. The work to implement these changes is being led by the Parliamentary Leadership Taskforce, the PLT, which represents parties and parliamentarians from across the parliament.

There is more work to be done, but the coalition is committed to working with all parties, Independents and staff to continue to make sure that we do have that safe and respectful workplace—a place where everyone feels safe and valued. It was the former coalition that established the current Parliamentary Workplace Support Service, following the Foster review. That service was created to be bespoke to our workplace. It's confidential, independent, trusted, and placed inside this building. It's a testament to that body that the service, that has proven itself to the extent that this bill is before us, will carry on the name in the new body. This new statutory body is designed to continue that work, with the status of a body independent from government but accountable to parliament.

The legislation before the House responds to recommendation 11 of the Set the standard: report on the Independent Review into Commonwealth Parliamentary Workplaces, known as the Jenkins review. That review recommended that the Australian government should establish an Office of Parliamentarian Staffing and Culture within 12 months, to provide human resources support to parliamentarians and Members of Parliament (Staff) Act employees, that is, first, centralised and accountable to the parliament, with enforcement of standards, and, second, designed to provide human resources support and administrative functions in the area of policy development, training, advice, support and education.

What is important about the Parliamentary Workplace Support Service Bill, and significant for the overall implementation of the Jenkins review, is that the body it creates will enable the implementation of a further five recommendations. The legislation comprises eight parts. Part 2 of the bill establishes the PWSS and its functions, and its obligations in relation to reports and action against parliamentarians for certain noncompliance. These functions include: human resources support, complaint resolution, policy development, education and training, reviews, and reporting on diversity, culture and work health and safety.

The bills also allow for the creation of policies or training that are mandatory for parliamentarians and staff. These mandatory policies and training will be made mandatory by the CEO of the PWSS only after the CEO has been given agreement by the advisory board, and would be disallowable. This provides an appropriate balance between the independent powers of the PWSS and the necessary oversight of these powers.

Part 3 establishes the chief executive officer and the arrangements for the CEO's appointment, conditions and termination. It's important to note that the independence of the CEO is integral to the operations of the powers and functions of the PWSS. The bill is explicit and clear. No parliamentarian will be able to direct the CEO in his or her duties. It's also important to note that the CEO will be appointed only following an appropriate consultation. The minister has provided assurance that this process will be genuine consultation with relevant parliamentarians and parties prior to the appointment. The opposition is advised that recruitment is currently underway for this position.

Part 4 outlines arrangements for staff, including consultants. It's important that the PWSS will be staffed by specialists and experts who can assist our workplace in developing best practice. To this end, it's noted that the PWSS will be able to seek external advice and expertise when required.

Part 5 establishes the advisory board and its procedures, including membership and members' terms and conditions. The board will assist the CEO in relation to the performance and the functions of the PWSS. As I've stated, it also has the important function of considering whether to approve or reject proposed mandatory policies or procedures and proposed mandatory education or training programs and requirements for completion of these programs.

Part 6 establishes the PWSS consultative committee and its functions and membership. That committee will be comprised of an independent chair, parliamentarians and staff. This committee is a crucial body, as it would enable employers and employees within our workplace to speak directly to the PWSS. This is essential in building trust in the operation of the PWSS and ensuring it meets the needs of parliamentarians and their staff.

Part 7 outlines the information-sharing arrangements—for example, between the PWSS and other Commonwealth entities, and in relation to requesting information from parliamentarians and MOPS employees. This is an important measure that will assist in the operation of the PWSS—in particular, in seeking information for reviews and reports.

Finally, part 8 provides for the making of rules and for regular reviews of the new body. It is important to continually assess how this body is performing in its role to support our workplace.

The PWSS bill provides for some administrative and transitional measures. The first of these is to provide continuity of the current arrangements for the treatment of documents and records of the PWSS. These arrangements exist to support and engender trust and confidentiality in the PWSS and its processes, following consultation with staff across the parliament under the former coalition government. The arrangements will exempt the records of the PWSS from the FOI Act and prevent the release of any of these records through the Archives Act for a period of 99 years. The second measure is to remove the determination that established the current PWSS. The final measure will allow the work of the current PWSS that may have occurred, is currently underway or is being managed, to be taken up by the new body following the closure of the old body.

While the measures in these bills have the in-principle support of the opposition, at this time the opposition will be reserving its position, noting that the Minister for Finance has committed to the shadow minister to consider some minor technical changes to this legislation to improve its operation and provide clarity for staff. The coalition in government and in opposition has consistently taken the approach that these matters should remain nonpartisan and dealt with by consensus, and the Labor Party has worked to do the same, particularly when reasonable and sensible compromise can be achieved. This is important and appreciated by the opposition, as we have consulted widely since the legislation was made public a month ago when it was introduced. The views of staff on these matters are paramount, and we appreciate that the minister recognised the hundreds of coalition staff who will be impacted by this new framework and the feedback from our staff that has been provided. We note the need for this legislation to pass soon to ensure it can achieve the scheduled start date of 1 October this year, and to that end we will assist with the passage of the bill while the discussions between the minister and the opposition continue.

Finally, on the Members of Parliament (Staff) Amendment Bill 2023, the opposition supports this bill entirely and appreciates the detailed and sincere consultation that the minister has engaged in with our shadow minister. Consistent with the past practice in these matters over successive parliaments and governments, Minister Farrell has provided an approach that has allowed consensus on legislation that provides for the support of the parliament and the operation of parliamentarians and their staff. The opposition very much thanks the minister and his office for their sincere and genuine engagement in the development of this legislation to allow it to pass without the need for amendment and with the consensus of the parliament.

This bill originates from recommendation 18 of the Set the standard report and the recommended comprehensive review of the operation and effectiveness of the MOPS Act to ensure consistency with modern employment frameworks that was recommended in that report. The MOPS Act establishes a framework for parliamentarians and office holders to employ people on behalf of the Commonwealth. This employment currently operates for three categories of staff—personal staff, electorate officers and consultants—and is done through determinations made through the Prime Minister or the Prime Minister's delegate, nominally the Special Minister of State. It is important to note that this legislation has been in effect for 39 years and had not changed in any significant way until the Jenkins review and changes made by the former coalition government. The review resulted in 15 recommendations which were agreed in principle by both the government and the opposition. The bill will implement 11 recommendations of this review of the MOPS Act. The remaining recommendations will be implemented by the proposed new statutory Parliamentary Workplace Support Service, the PWSS, to be established under the PWSS bill.

The changes in this bill fall into six categories over four schedules. First, the bill clarifies the roles and responsibilities of parliamentarians, office holders and employees, including their obligations under workplace laws. In practice, the bill clarifies the roles of parliamentarians, office holders and the Prime Minister by articulating that parliamentarians are responsible for their workplaces and are beholden to various acts, such as the discrimination acts. This is an important measure as it improves the relationship between the employment framework and modern workplace law, noting, as the review of the MOPS Act stated, that the parliamentarian has day-to-day management and decision-making in relation to employees. Second, the bill will bring the act into line with current practice. It will streamline the MOPS Act, including by reflecting categories of employment as they are referred to in contracts and agreements and removing obsolete provisions in the act, such as the one relating to consultants engaged by parliamentarians. These changes define categories of employees that better reflect those categories rather than by who employs them.

Third, the bill will enhance transparency of employment arrangements with a new requirement that the determination of terms and conditions for employment under the act are made publicly available on the Federal Register of Legislation, unless they would impinge on the privacy of individuals or small groups of individuals. While many determinations are already published on the Department of Finance website, this requirement will ensure a single and clear source of information for interpreting the conditions created under the act.

Fourth, the bill includes requirements intended to guide decision-making by parliamentarians about employment matters and to support fair outcomes and processes when making significant employment decisions. Parliamentarians would be required to recruit employees based on their assessment of a candidate's capability to perform a specified role. This requirement reflects the value of establishing at the start of employment clear expectations that can be met, while preserving the parliamentarian's ability to specify the role and skill requirements as well as the variety of needs the parliamentary officers may have, depending on geography and duties.

Fifth, a new provision for temporary suspension of employment will offer an alternative to termination of employment. Suspension could occur with or without pay. Parliamentarians would also be required to consult with the new PWSS prior to making a decision to terminate the employment of a staff member or suspend a staff member without pay. The bill also allows for the PWSS to step in as employer in circumstances where there is no longer a sitting parliamentarian, such as in the case of the death of a parliamentarian.

Sixth, the bill will make changes to the act's automatic termination provisions and clarify the intended operation of these provisions. As reflected in the review of the MOP(S) Act, this was sought by staff and will increase job security for electorate staff or staff of parliamentarians who occupy particular offices, such as ministers and party leaders. The measures in the bill also provide for minor and technical amendments of other acts that refer to it to ensure consistency of language across all of those acts. Noting the significant time between the introduction of the act and the current changes, the bill also provides for a further review within five years of the amendments commencing, as was recommended by the MOP(S) Act review.

We support the improvements that these three bills provide to our Commonwealth parliamentary workplaces and the parliamentary employment framework, and we very much look forward to continued engagement with the government on these matters.

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