The Senate Education, Employment and Workplace Relations Legislation Committee is currently conducting inquiries into two Fair Work Amendment bills.

 

On 25 November 2011 the Senate referred the Fair Work Amendment (Textile, Clothing and Footwear Industry) Bill 2011 for inquiry and report.

 

The Bill seeks to amend the Fair Work Act 1999 as it applies to certain workers in the textile, clothing and footwear (TCF) industry.  It would apply certain provisions of the Fair Work Act that do not currently apply to contract outworkers in the TCF industry, in part by changing several definitions in the Fair Work Act relating to TCF work and workers.

The Bill would change right of entry rules for the purposes of investigating suspected breaches of the Fair Work Act affecting workers in the TCF industry.

 

Submissions were due by 11 January, and the Committee will report by 27 February.  More information is available here.

 

The Committee is also inquiring into The Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011 which would create a new set of compliance arrangements for the building and construction industry.

 

The Bill would abolish the Office of the Australian Building and Construction Commissioner and create a new agency, the Office of the Fair Work Building Industry Inspectorate to regulate the building and construction industry

 

The Bill would also remove the existing building industry law that provide higher penalties for building industry participants for breaches of industrial law, and remove building industry-specific laws that provide broader circumstances under which industrial action attracts penalties.


The Bill would include a capacity for the Director of the Building Inspectorate to obtain an examination notice authorising the use of powers to compulsorily obtain information (including through requiring a person to attend an examination and answer questions) or documents from a person whom the Director believes has information or documents relevant to an investigation.


The Bill would introduce the following safeguards in relation to the use of the power to compulsorily obtain information or documents:

  • use of the powers would be dependent upon a presidential member of the Administrative Appeals Tribunal being satisfied a case has been made for their use and issuing an examination notice;
  • persons summonsed to interview could be represented by a lawyer of their choice and their rights to refuse to disclose information on the grounds of legal professional privilege and public interest immunity would be recognised;
  • people summonsed for examination would be reimbursed for their reasonable expenses, including reasonable legal expenses;
  • all examinations would be videotaped and undertaken by the Director or an SES officer;
  • the Commonwealth Ombudsman would monitor and review all examinations and provide reports to the Parliament on the exercise of this power; and
  • the powers would be subject to a three year sunset clause. The decision on whether the coercive powers will be extended after three years will be made following a review of their use and ongoing need;


The Bill would create the office of the Independent Assessor, who, on application from stakeholders, may make a determination that, the examination notice powers will not apply to a particular project.

The Bill would not affect the provisions that establish the Office of the Federal Safety Commissioner and its related OHS Accreditation Scheme.

 

Submissions to the inquiry closed on 20 January, and the Committee will report by 29 February.

 

More information is available here.