Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Hansard source

The government opposes the opposition amendments in this area regarding the powers of the president. The bill sets out clearly in law a complaints-handling process for members of the Fair Work Commission, including the president. The government considers an effective complaints mechanism is an important element of ensuring and maintaining public confidence in the commission.

The government's proposed section 581A provides a framework for the president to deal with complaints against members. The provisions proposed by the government are modelled on similar provisions recently passed by the Senate to deal with complaints made against members of the federal judiciary. Paragraph (1)(b) of new section 581A simply makes it clear that the president, as part of the complaints-handling process, has a responsibility to manage issues that could impact on public confidence in the tribunal. Any steps taken by the president during an inquiry into a complaint must be temporary measures taken until the conclusion of the inquiry and determination of the complaint.

The government supports the president having the discretion to effectively manage the affairs of Fair Work Australia as the head of the tribunal, with responsibility for ensuring that it performs its functions and operations effectively and in a manner worthy of public confidence.

The coalition have indicated that they will oppose the government's proposal to omit section 643C from the Fair Work Act. The proposed omission of the section relates to the amendments that the government has put forward in this bill to streamline and clarify the operation of provisions dealing with conflicts of interest. While a failure to comply with section 640, which deals with conflicts of interest, will no longer be a ground for termination of the appointment of a Fair Work Commission member under the bill, the member still retains the obligation to disclose any potential conflict to the parties and to the president under that section. A failure to disclose the conflict may lead to a complaint being made against the member, which would be dealt with in accordance with the new complaints-handling process set out in the bill.

The government considers that the framework it has proposed will bring greater certainty and transparency to handling complaints against Fair Work members, whether a complaint deals with a conflict of interest or some other matter. The important issue here is to have a mechanism or a process that works within the tribunal. That is why we maintain these proposals as they stand.