1.1
On 1 September 2021, the Committee resolved to conduct an inquiry under House of Representatives Standing Order 215(c) examining certain aspects of the Fair Work Commission Annual Report 2019-20.
Background
1.2
The Fair Work Commission (the Commission) is Australia’s national workplace relations tribunal and is responsible for administering the provisions of the Fair Work Act 2009 (Fair Work Act).
1.3
The Commission’s powers and functions include:
dealing with unfair dismissal claims
dealing with anti-bullying claims
dealing with general protections and unlawful termination claims
making, reviewing and varying modern awards
approving, varying and terminating enterprise agreements
dealing with disputes brought to the Commission under the dispute resolution procedures of modern awards and enterprise agreements
promoting cooperative and productive workplace relations and preventing disputes.
1.4
The Commission forms part of Australia’s Fair Work system, which covers most Australian workplaces and was established by the Fair Work Act. There are four other bodies that have roles in the Fair Work system:
Australian Building and Construction Commission
Registered Organisations Commission
Fair Work Federal Division of the Federal Court and Federal Circuit Court.
Scope and conduct of review
1.5
In undertaking this inquiry, the Committee was interested in how policy responses designed to manage the COVID-19 pandemic have impacted and may continue to impact the Commission’s caseload, including vaccine mandates, shutdowns, lockdowns, self-isolation and quarantine requirements, and inconsistencies between the public health orders of the states and territories.
1.6
The Committee was particularly interested in the President of the Commission, Justice Iain Ross AO’s observation that, ‘[w]hile responding to the consequences of the pandemic, the Commission has also seen an increase in its caseload with substantial increases in the number of unfair dismissal matters and workplace disputes.’
1.7
The Committee acknowledges that since the inquiry was adopted, the Fair Work Commission Annual Report 2020-21 was released, which reported that the Commission’s caseload returned to more normal levels in 2020-21.
1.8
Given the limited scope of the inquiry, which is focussed on the work of the Commission, the Committee did not seek public submissions. Rather, the Committee sought submissions from selected employer and employee groups, with the aim of hearing from those organisations that engage directly and regularly with the Commission. Any additional employer or employee groups who wished to be involved were encouraged to contact the secretariat. Furthermore, employer and employee groups were encouraged to seek feedback from their members in considering their response to the Committee’s request for evidence.
1.9
The Committee received nine submissions, which are listed at Appendix A.
1.10
The Committee held hearings with the Commission and selected employer and employee groups on 19 November 2021, and with the Australian Technical Advisory Group on Immunisation (ATAGI) on 8 December 2021. Both hearings were held via teleconference/videoconference due to COVID-19 restrictions.
1.11
Several employee groups declined the Committee’s invitation to appear at a hearing.
1.12
The purpose of the hearing with ATAGI was to examine its recommendations regarding COVID-19 outbreak settings and the risks and/or benefits of COVID-19 vaccination in those circumstances.
1.13
Details of hearings, including the witnesses that appeared, are listed at Appendix B.
1.14
The evidence received and examined in Chapter 2 is limited to events that occurred from the arrival of the virus in Australia in early 2020 up to the time of the Committee’s hearings in late 2021. This includes policy responses to COVID-19 variants up to and including the Delta variant, but not the more recent Omicron variant.
1.15
The Committee was mindful of the sub judice convention of the House of Representatives and that legal proceedings relating to issues outlined in this report were ongoing during the inquiry. As such, the Committee did not seek evidence relating to relevant legal proceedings and will not be commenting directly on any of those matters.