Law Council of Australia

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Inquiry into Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022

The Law Council welcomes the opportunity to provide this submission to the Senate Education and Employment Legislation Committee in relation to its Inquiry into the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Bill).

The Law Council notes that the Bill was referred to the Committee for inquiry on 27 October 2022. The Committee is due to report on or before 17 November 2022, and submissions were due on 11 November 2022. Additionally, a number of amendments, including extensive amendments introduced by the Government (Government Amendments), were passed by the House of Representatives on 10 November 2022.

Given the size and complexity of the Bill (and the amendments), this timetable has limited the ability for stakeholders, and the Parliament itself, to consider the Bill in detail. As a membership-based organisation, the Law Council has an obligation to consult with its Constituent Bodies, Sections, and expert Advisory Committees on matters of policy. The limited consultation period has constrained the Law Council’s ability to engage at a detailed level with the legislative and explanatory materials. The Law Council’s views on the contents of the reforms should therefore be considered preliminary. This is most unfortunate, given the significant proposals contained within the Bill. In the Law Council’s view, this truncated process is highly problematic from the perspective of broader public scrutiny of the making of Australia’s laws, as part of a democratic process.

Unless stated otherwise, throughout this submission references to legislative provisions (or proposed amendments under the Bill) are references to the provisions of the Fair Work Act 2009 (Cth) (FW Act).

Read the full submission below.

Last Updated on 27/09/2024

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