Simon Birmingham (SA, Liberal Party, Minister for Finance) Share this | Hansard source

I thank the opposition and the Greens and, I understand, all parties for their intention to support this and for the endorsement of this legislation. The Parliamentary Workplace Reform (Set the Standard Measures No. 1) Bill 2022 would make initial changes to four pieces of legislation in order to implement recommendations 17 and 24 of Set the standard: Report on the independent review into Commonwealth parliamentary workplacesthe Jenkins report. The bill will progress important and significant reforms to help ensure that Commonwealth parliamentary workplaces are workplaces where expected standards of behaviour are modelled, championed and enforced, where respectful behaviour is standard, and in which any Australian, no matter their sex, sexual orientation, gender identity, race, disability or age, feels safe and welcome to contribute.

The bill would amend the Members of Parliament (Staff) Act 1984 to strengthen and clarify the employment rights of MOP(S) Act employees. The bill removes any doubt that the Fair Work Act 2009 applies to MOP(S) Act employees by making this explicit, and would require parliamentarians to provide written reasons where they dismiss an employee from employment. These amendments result in additional information being provided to employees who are being terminated, which will result in an update to current arrangements and forms around the termination of employees, consistent with the recommendations of Commissioner Jenkins. Grounds around dismissal continue to include—very clearly specified—the restructure of an office which calls for a different set of employee skills; unsatisfactory performance or conduct by the employee; where a parliamentarian has lost trust or confidence in an employee; and where the employee has a significant conflict of interest.

The bill would also amend the Work Health and Safety Act 2011 to clarify that parliamentarians are officers of the Commonwealth for the purposes of the Work Health and Safety Act. The bill would also amend the Age Discrimination Act 2004 and the Disability Discrimination Act 1992 to put beyond doubt that MOP(S) Act employees have protection from age and disability discrimination, consistent with the recent amendments to the Sex Discrimination Act.

The government have on a number of occasions indicated our support for Kate Jenkins's recommendations. We have worked with the opposition, other parties and Independents, and I acknowledge the work in this chamber of Senator Waters, Senator Gallagher, Senator Farrell and Senator Payne as fellow members of the leadership task force along with those from the other place. The first meeting of the leadership task force, independently chaired by Ms Kerri Hartland, was held last week, and the task force will be integral to ensuring progress on all of the Jenkins report recommendations, noting that not all of them are solely for government to implement as, of course, a legislative change like this is. For the recommendations that are solely within the government's responsibility and control, our intention is they be implemented within the recommended time frames. Thus far, that is on track for all of those recommendations. We are conscious that the recommendations are complex, but they are also important, especially those such as establishing the office of parliamentary standards and culture.

This bill will provide additional protections to MOP(S) Act employees and a clear intent that not only the government but also the parliament, working together as we have demonstrated, are committed to implementing the recommendations of the Jenkins report. Significantly, the reforms and the legislative package would ensure Commonwealth parliamentary workplaces are safe and respectful, and that the nation's parliament serves as a model workplace for our nation. They help to contribute to those objectives as they work in tandem with the other reforms that have been put in place and others that are still to come, as we seek to ensure the prevention of, and appropriate responses to, any instances of bullying, sexual harassment and sexual assault.

I commend the bill to the Senate.

Question agreed to.

Bill read a second time.