Nick Xenophon (SA, Independent) Share this | Hansard source

I will make a short contribution in relation to this matter so my views are on the record. Despite my great regard for Senator Marshall, the mover of this motion, I cannot support it for a number of reasons. The proposition is whether the President of Fair Work Australia ought to attend estimates hearings as a matter of course or whether, as Senator Marshall seeks to change it, at the direction of the committee. I think the President of Fair Work Australia ought to attend as a matter of course for a number of reasons. He is not a judicial officer in the sense that a Supreme Court judge, a Federal Court judge or a High Court justice would be. Section 581 of the Fair Work Act sets out:

The President is responsible for ensuring that FWA performs its functions and exercises its powers in a manner that:

(a)   is efficient; and

(b)   adequately serves the needs of employers and employees throughout Australia.

I do not believe it is proper for the President of Fair Work Australia to be asked about the qualifications of members of Fair Work Australia. It is certainly not appropriate for him to be asked about decisions of Fair Work Australia. But it is appropriate for him to be asked about the administration and the efficiency of Fair Work Australia, which performs a valuable role—and I, for one, believe it performs that role admirably. I think this is about accountability. The government is not saying that Fair Work Australia should not or cannot attend but that it should be at the behest of the committee. But I think an officer such as the President of Fair Work Australia ought to attend the estimates process as a matter of course.

The fact is that the government has the numbers in the committee—as is appropriate: it is a legislation committee. And, if there were questions that were unreasonable, that went outside the purview of section 581, then the committee could quite properly rule those questions out of order. So I think there are inbuilt safeguards in terms of there being a system in place that would confine the president to attend estimates as a matter of course but under the provisions of section 581.

I want it on the record. The government knows what my position was in relation to Work Choices—that I supported, with some amendments, the government's bill. But I think that, given the important role that Fair Work Australia performs, given the role that it plays for millions of workers in this country, having the president attend estimates on a regular basis, within the confines of section 581, is quite a reasonable proposition. Therefore, I cannot support this motion.