Terms of Reference

The incidence of, and trends in, corporate avoidance of the Fair Work Act 2009 with particular reference to:

(a) the use of labour hire and/or contracting arrangements that affect workers' pay and conditions;

(b) voting cohorts to approve agreements with a broad scope that affect workers' pay and conditions;

(c) the use of agreement termination that affect workers' pay and conditions;

(d) the effectiveness of transfer of business provisions in protecting workers' pay and conditions;

(e) the avoidance of redundancy entitlements by labour hire companies;

(f) the effectiveness of any protections afforded to labour hire employees from unfair dismissal;

(g) the approval of enterprise agreements by workers not yet residing in Australia that affect workers' pay and conditions;

(h) the extent to which companies avoid their obligations under the Fair Work Act 2009 by engaging workers on visas;

(i) whether the National Employment Standards and modern awards act as an effective 'floor' for wages and conditions and the extent to which companies enter into arrangements that avoid these obligations;

(j) legacy issues relating to Work Choices and Australian Workplace Agreements;

(k) the economic and fiscal impact of reducing wages and conditions across the economy; and

(l) any other related matters.

The closing date for submissions is 25 November 2016. The reporting date for this reference is 7 August 2017.

Committee Secretariat contact:

Committee Secretary
Senate Education and Employment Committees
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3521
Fax: +61 2 6277 5706
eec.sen@aph.gov.au