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Fair Work Amendment (Arbitration) Bill 2013
Introduced into the House of
Representatives on 11 February 2013
By:
Mr Katter MP
1.1
This bill seeks
to amend the Fair Work Act 2009 to remove provisions that prevent the
Fair Work Commission (except with express authorisation) from arbitrating
certain disputes, to give the Commission the power to deal with a dispute as it
considers appropriate.
Compatibility with human
rights
1.2
The bill is
accompanied by a statement of compatibly which reproduces the template provided
by the Attorney-General's Department without making specific reference to the
bill or to specific rights that might be affected by the bill. The statement
concludes by stating that the bill is compatible with human rights.
Right
to work
1.3
The bill might
be viewed as promoting the enjoyment of just and favourable conditions of work
guaranteed by article 7 of the International Covenant on Economic, Social and
Cultural Rights by expanding the range of options available to Fair Work
Australia to settle work-related disputes. However, a fuller understanding of
the potential impact of the bill and any human rights concerns to which it
gives rises, requires an analysis of how the proposed powers interact with the
existing powers and practice of Fair Work Australia. The statement of
compatibility does not undertake this analysis.
1.4
The
committee considers that this bill does not appear to give rise to human rights
concerns.
1.5
The
committee intends to write to Mr Katter, noting that the statement of
compatibility fails to identify specific rights which may be promoted or
limited by the bill and that it is a requirement of the Human Rights
(Parliamentary Scrutiny) Act 2011 that substantive statements of
compatibility be supplied even in cases where the effect of the proposed
legislation is to promote rather than limit the enjoyment of a relevant right.
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