Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I move opposition amendment (1) on sheet 2057:

(1) Schedule 1, item 12, page 4 (after line 25), after subparagraph 9(1)(a)(viii), insert:

(ix) the size, composition and skills requirements of the volunteer sector;

The coalition have been constructive when it comes to Jobs and Skills Australia. We have supported the establishment of this legislation. In line with that spirit, we're seeking to amend the bill to improve Jobs and Skills Australia through specifically establishing a role for Jobs and Skills Australia understanding and in respect of the volunteer sector.

It actually emerged during a round table convened by the Deputy Leader of the Opposition last Friday with the peak skills organisations and the volunteer sector that currently the government does not adequately take into account the volunteering sector in its actual deliberations when it's looking at the jobs and skills that we do require going forward. This is a missed opportunity, because even though the work is predominantly unpaid across the volunteer sector, the sector still remains a large part of our workforce. For example, over 200,000 volunteers work in fire service organisations and 25,000 volunteers work in state and territory emergency services. According to the 2020 Aged Care Workforce Census 30,883 people volunteered across Commonwealth aged-care services. Australia's 55,000 charities employ over 1.38 million people, about 10.5 per cent of all employees, and they engage around 3.4 million volunteers.

When government doesn't take into account this important sector, it does make it harder for volunteer organisations to recruit, retain and then upskill their volunteers. So, in line with the direct request—and this has come as a direct request from the round table that the Deputy Leader of the Opposition had last week—from the skills and the volunteer sectors, we're taking the opportunity to explicitly establish Jobs and Skills Australia with taking into account the volunteer sector in its work. This will ensure Jobs and Skills Australia takes into account the volunteering sector as it shapes the way the federal government reforms skills and training and supports the development of our workforce. The numbers I've just referred to clearly show that Australia's volunteering sector is a significant part of Australia's workforce, and we would hope that Jobs and Skills Australia is able to recognise this and engage in particular with this sector when looking at the future workforce needs of Australia. We would welcome the support of the Senate on this amendment.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

The government will not be supporting this amendment from the opposition. It was circulated very late and with no definition of 'volunteer'. Of course, skills matter in this space, and we believe they're captured where relevant in existing functions. We appreciate the intent, and we support our skilled volunteers and thank the opposition for backing initiatives like our $30 million commitment for Disaster Relief Australia, run by veterans, which we think is a very important thing the government has implemented, but we won't be supporting this amendment.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question before the committee is that the amendment on sheet 2057, as moved by Senator Cash, be agreed to.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

FARUQI () (): I move Greens amendment (1) on sheet 2032:

(1) Schedule 1, item 13, page 5 (line 9), at the end of paragraph 9(1)(cc), add ", and support, where appropriate, the evaluation of outcomes of relevant programs and the measurement of targets for these cohorts".

This amendment expands the functions of the JSA so that it not only undertakes studies on opportunities to improve employment, VET and higher education outcomes for a cohort of individuals that have historically experienced labour market disadvantages and exclusion but also has a role in supporting the evaluation of outcomes of relevant programs and the measurement of targets of these cohorts, because that's what's really important. We need to measure how things are progressing. This will give JSA a greater potential to genuinely improve outcomes for women, for over-55s, for people with disability, for young people, for unpaid carers, for First Nations people and for people of colour. I understand that the government will be supporting this amendment, and I thank Minister O'Connor's office for the positive working relationship we've had to date.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

The government has consulted broadly on the permanent model of Jobs and Skills Australia to ensure that this bill supports an ideal range of ongoing functions and products that it will deliver. Senator Faruqi, on behalf of the Greens, has moved an amendment to the functions of Jobs and Skills Australia. The amendment proposes to add, at schedule 1, item 13, page 5, at the end of paragraph, 'and support, where appropriate, the evaluation of outcomes of relevant programs and the measurement of targets for these cohorts'. This would be through the provision of evidence, data and analysis. The government will be supporting this amendment. I want to thank Senators Faruqi and Pocock for their ongoing discussions with the minister, including about Jobs and Skills Australia's role in policy evaluation. The amendment clarifies that JSA may assist, where appropriate, with program evaluations, including government led initiatives that aim to increase or encourage the involvement of particular cohorts in employment, VET or higher education and targets for involvement associated with these programs.

Question agreed to.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

by leave—I move opposition amendments (1) to (4) on sheet 1993 together:

(1) Schedule 1, item 31, page 9 (line 28), omit paragraph 16B(1)(c).

(2) Schedule 1, item 31, page 9 (after line 29), after paragraph 16B(1)(d), insert:

(da) 1 member representing small business;

(db) 2 members representing regional, rural and remote Australia;

(3) Schedule 1, item 31, page 9 (after line 32), after subsection 16B(2), insert:

(2A) In appointing the members of the Ministerial Advisory Board, the Minister must ensure that the members include a representative from each State, the Australian Capital Territory and the Northern Territory.

(4) Schedule 1, item 37, page 18 (line 4), omit "2 years", substitute "12 months".

These amendments will remove clause 16B(1)(c) of the bill as passed on the third reading in the House, which removes the mandate for four employer organisation representatives on the ministerial advisory board of Jobs and Skills Australia. In its place, however, our amendment creates new subsections mandating a representative for small business and two members representing the interests of rural, remote and regional Australia. The amendment will also add section 16B(2), which ensures that each state and the Australian Capital Territory and the Northern Territory must be geographically represented within the distribution of the board members chosen under section 16B(1).

The amendments amend subsection (1) of section 29A of the bill to ensure that the review into the operation of the act commences before the end of the period of 12 months, instead of the two-year period currently scheduled in the bill. The opposition believes that small businesses are more able than, say, employee organisations to advise on skills shortages across the country, given they are at the front line of contemporary changes to workforce and labour needs. Similarly, regional Australia is disproportionately affected by the skills and labour force shortages. It is critical to ensure that representatives on the board can provide direct advice to the minister and the commissioner to help resolve these critical issues as quickly as possible.

Our amendments also add, as I said, a new section 16B(2), which ensures that each state and the ACT and the NT must be geographically represented within the distribution of the board members chosen under section 16B(1). Skill shortages, as we know, affect all states and territories. As such, each should have that geographical representation to ensure that they can advise on the unique challenges in differing areas of our incredibly large country. Our amendments also amend subsection (1) of 29A of the bill to ensure that the review into the operation of this act commences before the end of the period of 12 months. The current legislation could allow the minister to push the review out beyond the next election. We say that this is not appropriate, considering that this bill is a key election commitment of the government, and the public should be able to have a chance to scrutinise the review of this promise. I commend the amendments to the chamber.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

HOLM (—) (): The opposition have proposed the same amendments they moved in the other place. We consider them untenable. They would remove unions from the ministerial advisory board, thus undermining the tripartite commitment of Jobs and Skill Australia. The opposition amendments also attempt to wedge the government and crossbenchers by requiring an explicit small- business representative and two regional, rural and remote Australia representatives. The government amendments in the House were agreed to after consultations with regional, rural and remote crossbenchers. I remind the opposition of the comments from the member for Indi on this issue. The minister engaged extensively and constructively with her and with external stakeholders to strengthen regional, rural and remote representation and small-business representation on the ministerial advisory board. No-one is asking for these amendments publicly, and no-one has asked the government for them privately either. Therefore, the government will not be supporting these amendments.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

The Greens will not be supporting the coalition's amendments on sheet 1993, because the amendments seek to reduce union representation on JSA's ministerial advisory board. This is an attack on workers, and the Greens will always stand with the workers.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question before the chair is that coalition amendments (1) to (4) on sheet 1993, moved together by leave by Senator Cash, be agreed to.

Tammy Tyrrell (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

I've circulated a revised amendment on sheet 1994 relating to appointments to the Jobs and Skills Australia advisory board. I think that, if this bill was drafted to create a board with four members from employer groups and eight members from unions, more than a few people in the building would be screaming bloody murder. Likewise, if this bill was drafted to create a board with eight members from employer groups and just four from unions, we'd be right to call this a stitch-up. It would be clear to everyone that such an arrangement would be unfair, yet in the absence of my amendment this is what could happen.

My concern is that, if there's too much discretion left to any future minister to appoint someone from any background, it's possible a future minister might be able to use that discretion to appoint people with interests already represented on the board and, in doing so, rebalance its tripartite character. I don't think it's in the country's interests to have the board stacked in favour of one interest group over another. If you want everyone to be heard, you make sure nobody is given the biggest microphone.

My amendment makes sure that this minister and any future minister can't use their discretion to appoint people to the board whose interests are already fully represented. Having said that, I've revised the amendment following consultation to remove the restriction on the minister being able to appoint someone who represents a member of a peak employing body. I've done this because I'm told the minister is already restricted from doing this. I want to confirm that that's the case and, if so, what the restriction is.

Glenn Sterle (WA, Australian Labor Party) Share this | Link to this | Hansard source

Senator Lambie—Senator Tyrrell; sorry. Same farm; different paddock.

Tammy Tyrrell (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

We have been accused of twinning!

The TEMPORARY CHAIR: That's a good thing to be accused of. Senator Tyrrell, for the record, I will get you to seek leave to move the motion.

In hindsight, I seek leave to make a short statement. Is that what I'm doing?

The TEMPORARY CHAIR: No. This is to move the amendment and speak to it.

Leave granted.

I move Jacqui Lambie Network amendment (1) on sheet 1994 revised:

(1) Schedule 1, item 31, page 9 (after line 30), after subsection 16B(1), insert:

(1A) A person appointed to the Ministerial Advisory Board under paragraph (1)(e) must not be a representative of:

(a) employee organisations; or

(b) employer organisations.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

The government has consulted broadly on the permanent model of Jobs and Skills Australia, including the establishment and membership of the tripartite ministerial advisory board. Throughout our consultations stakeholders were clear in their desire for the ministerial advisory board to have a balance of unions and employer groups, and we have reflected that in this bill with four representatives from each. Senator Tyrrell's amendment gives further clarity to that balance. It would ensure that the up to four additional members to be appointed to the ministerial board under paragraph 16B(1)(e) are appointed because of their experience or knowledge as set out in subsection 16B(4) and are not representatives of employer organisations or unions. Further, all members of the board must meet their appointment requirements set out in subsection 16(4).

Specifically to be appointed to the board, members must have experience or knowledge in areas relevant to the work that the ministerial advisory board will be undertaking: for example, experience in VET; higher education; workplace planning; economics; labour market analysis; employment; industry; industrial relations; regional, rural and remote Australia; lived experience of disadvantage in the labour market; or lived experience as a representative of people with lived experience of disadvantage in the labour market. The amendment proposed by Senator Tyrrell is consistent with the government's position further outlined in the explanatory memorandum, on page 17, which states that the employer or trade union groups would have appropriate and equal representation on the ministerial advisory board and that the remaining four positions would not be available to representatives of employer or trade union groups, ensuring broad representation on the ministerial advisory board. This confirms the intended interpretation of subsection 16B(1) is to appoint members based on their high level in specific areas of expertise and to ensure equal and balanced tripartite representation.

The amendment in its current form proposed by Senator Tyrrell has removed the restriction on the minister being able to appoint someone under paragraph 16B(1)(e) who represents a member of an employer organisation. This has been done to ensure consistency in legislative drafting, given subsection 16B(1) only refers to members representing employer organisations and employee organisations and not representatives of members of employer organisations. However, the legislation addresses Senator Tyrrell's concern through further safeguards. For example, supporting Senator Tyrrell's amendments are sections 16F and 16G of this bill, relating to conflicts of interest. A member of the ministerial advisory board is required to give the minister written notice of all interests pecuniary or otherwise that the member has that could conflict with the proper performance of the member's functions. This provision in the legislation ensures the minister is aware of and can take appropriate steps to manage any disclosed interests. It is envisaged that a board member representing a member of an employee organisation or employer organisation would be a required disclosed interest. Similarly, section 16G requires disclosures of interests pecuniary or otherwise by a member of the ministerial advisory board.

The government has also ensured in its legislation that members must act in an impartial and independent manner when giving advice to the minister and the JSA Commissioner. This clause, 16B(6), ensures that members will be under an obligation to act impartially and further addresses Senator Tyrrell's concerns to ensure that members appointed pursuant to paragraph 16B(1)(e) act impartially and independently having regard to their skill, knowledge and experience. Importantly, a failure to act in an impartial and independent manner in accordance with 16B(6) is grounds for the minister to terminate that relevant member under paragraph 16B(2)(b). This legislated requirement will ensure members must act and provide advice based on their skills, knowledge and experience in accordance with subsection 16B(4). Further to this, subsection 16A(2) requires that the minister determines the ministerial advisory board's terms of reference and terms and conditions of appointment of members of the ministerial advisory board, other than those provided for and in the act and procedures, which must be followed.

These terms of reference and terms and conditions will further clarify the role and intention of the appointment of members of the board, including the additional four members. These terms of reference will determine the functions of the board and, consistent with 16F, that members are required to properly perform their functions or otherwise disclose any interests that could conflict with the proper performance of these functions. This will provide further protection to the tripartite and balanced nature of the board by ensuring that members perform their functions as set out in the terms of reference.

The government will support the amendment, and we thank Senator Tyrrell and her office for their engagement on this issue.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

The Greens will be supporting the JLN amendment moved by Senator Tyrrell because it will allow for broader and more diverse representation on the ministerial advisory board. The board should be as diverse as possible, with representation from First Nations people, people of colour, women and people with disability.

Question agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.