AREEA senior workplace policy adviser Lisa Matthews provides insight to the Coalition’s agenda at the next federal parliament, due to resume next week.
FEDERAL parliament will resume on 12 November 2013, with both houses of parliament sitting from 12 to 14 November, and the House of Representatives only sitting from 18 to 21 November 2013.
Both houses will then resume from 2 to 5 December and 9 to 12 December, but no further sitting dates beyond that have been set.
The following pieces of legislation are expected to be tabled in the first sitting of parliament.
Registered organisations
The Coalition’s Policy to improve the Fair Work laws states that the new government will introduce the same rules for registered organisations as apply to companies and directors, with the same penalties to apply under the retained Fair Work (Registered Organisations) Act 2009 as apply under the Corporations Act 2001. Legislation enacting its policy is expected to be introduced during the first sitting weeks.
The Australian Building & Construction Commission (ABCC)
The Coalition’s policy states that it will re-establish the ABCC to replace the existing Fair Work Building & Construction (FWBC) inspectorate, with the new body seeking to maintain the rule of law and improve productivity on onshore and offshore construction projects. Legislation to that effect is expected to be tabled in the first sitting weeks of the new parliament.
Under the proposed legislative changes, compulsory interview powers will remain for all investigations but will continue to require Commonwealth Ombudsman oversight and videotaping (retraining those aspects of the current Labor laws).
The new body will also administer a strengthened construction code and guidelines. In order to override the existing Building Code 2013, which is now a legislative instrument, legislation will have to be enacted. Legislation rather than administrative guidelines are understood to be necessary to avoid being found to be adverse action in breach of the Fair Work Act as was recently found by the Federal Court in relation to the Victorian construction code and guidelines.
Even without legislative change it is possible that the appointment of Nigel Hadgkiss as head of the existing building industry regulator could see a change in emphasis. For instance, under former FWBC director Leigh Johns, the compulsory examination powers were rarely if ever used, despite being available under the existing legislation.
Carbon tax and Minerals Resource Rent Tax
The new government is expected to table legislation early on in the new parliament seeking to repeal the carbon tax legislation and legislation enacting the Minerals Resource Rent Tax (MRRT).
It is expected there will be a Senate inquiry into both the registered organisations legislation and the legislation to restore the ABCC.
However, until at least 1 July 2014, the Senate is likely to be resistant to passing any of the above legislation.
Next year
It is expected that some time next year the Coalition will introduce legislation enacting other key aspects of its Policy to improve the Fair Work laws, including in relation to right of entry, greenfield agreements and good faith bargaining.
In the mean time, new Employment Minister Eric Abetz is expected to sit down with Shadow Minister for Workplace Relations, Brendan O’Connor, to see if there is any common ground between the two parties’ WR policies. Unions have previously expressed support for applying the good faith bargaining principles to greenfield agreement making (which is also part of the Coalition’s policy) and this could make those specific changes more likely to get through a Labor and Greens-dominated Senate.
The Coalition has recently announced the Productivity Commission review of the Fair Work Act will commence within five months (ie. late February or early March 2014).
However, any outcomes or recommendations from that review will not be enacted within the Coalition’s first term of government and will be taken to the 2016 federal election.
