2.1
This chapter lists the key topics discussed for each department and agency examined during the committee’s hearings for Budget Estimates 2022–23.
Page numbers of the Proof Hansard for that day’s hearing are indicated in brackets as a reference.
Employment and Workplace Relations portfolio – Tuesday 8 November 2022
Department of Employment and Workplace Relations
2.2
Senator the Hon Murray Watt, the Minister for Agriculture, Fisheries and Forestry and the Minister for Emergency Management, representing the Minister for Employment and Workplace Relations, was joined by Ms Natalie James, Secretary of the Department of Employment and Workplace Relations (DEWR). In her opening statement, Ms James introduced each of the deputy secretaries of DEWR and provided a brief overview of their portfolio responsibilities.
Corporate and Enabling Services
2.3
Topics discussed for DEWR – Corporate and Enabling Services included:
DEWR’s response to correspondence from Senator O’Sullivan on behalf of coalition senators requesting certain information be provided prior to the estimates (pp. 6–8, 11 and 13)
The use of non-ongoing employment contracts within DEWR (pp. 8–11)
Advertising budget of the department, including:
Fee-free TAFE campaign (p. 11)
Campaigns that have ceased since May 2022 (p. 11)
Market contracts entered into since May 2022 (p. 12)
Media subscriptions provided to the Minister’s office (p. 12)
Discussions had with the Minister’s office regarding meetings with stakeholders (pp. 12–13)
Decision briefs sent to the Minister’s office since the last election (p. 13).
DEWR – Employment
2.4
Topics discussed for DEWR – Employment Group included:
Evaluation of labour market programs and their outcomes (pp. 14–15)
Workforce Australia employment service, including:
Initiatives to address profiteering by employment services (p. 15)
Self-referral by employment services and measures to monitor and address self-referral (pp. 15–17 and 28)
Procurement for Workforce Australia (pp. 22–25)
Use of labour hire companies by employment services (pp. 18–19)
Establishment of Workforce Australia (pp. 19–20)
Select Committee on Workforce Australia Employment Services (pp. 20–21)
National customer service line (pp. 28–29)
Improving the ratio of employment consultants to jobseekers (pp. 19–20)
Speech made by the Minister at the National Employment Services Association Forum (p. 21)
Pacific Australia Labour Mobility (PALM) scheme
How responsibility for the scheme is divided between DEWR and the Department of Foreign Affairs and Trade (pp. 25–26)
Number of participants in the scheme working in aged care (p. 26)
How new workplace compliance activities will apply to the scheme and related consultation (pp. 26–27)
Instances where participants disengage from the scheme (p. 27).
DEWR – Workplace Relations
2.5
Topics discussed for DEWR – Workplace Relations Group included:
Resignation of the President of the Fair Work Commission (FWC) and the process of appointment for a new President (pp. 30–31)
Fair Work Amendment (Secure Jobs, Better Pay) Bill 2022 (Secure Jobs Better Pay bill)
Drafting of amendments to the legislation (pp. 32 and 53–55)
Modelling undertaken regarding the impact of the legislation on wages (pp. 32–35)
Stakeholder consultation (pp. 35–38 and 54)
Discussions of multi-employer bargaining during the consultation process (pp. 38–39, 42 and 54)
Committee on Industrial Legislation (COIL) consultation process (pp. 42–45 and 47)
Establishment of Working Women’s Centres (pp. 39–41)
Support for businesses to provide family and domestic violence leave and the independent statutory review of the leave provision (p. 41)
Gender pay gap and wages in female-dominated sectors (pp. 46–47)
Announcement regarding amendment of the Code for the Tendering and Performance of Building Work 2016 (building code) (pp. 48–49)
Abolition of the Australian Building and Construction Commission (ABCC) and transfer of functions to the Fair Work Ombudsman (FWO) (pp. 49–53 and 55–56)
The government’s position on union demerger legislation (pp. 56–58)
Establishment of a National Construction Industry Forum (pp. 59–61)
The right of employees to seek flexibility or request an extension to unpaid parental leave under the National Employment Standards (p. 62).
Australian Building and Construction Commission
2.6
Mr Stephen McBurney, Commissioner of the ABCC, made a short opening statement in which he thanked ABCC staff and outlined staffing arrangements following the transfer of the ABCC’s functions to the FWC.
2.7
Topics discussed for the ABCC included:
Cost orders made since December 2016 and the status of outstanding cost orders (p. 63)
Current and previous cases (pp. 64–73, 78–79 and 86–87)
Transfer of functional roles and powers from the ABCC to the FWO and provision for the transfer of staff (pp. 73, 75–77, 81–83 and 86)
Success rate of litigation matters bought by the ABCC (p. 74)
Conduct of ABCC audits (pp. 85–86).
Employment and Workplace Relations portfolio and Education portfolio – Wednesday 9 November 2022
2.8
Senator the Hon Murray Watt, the Minister for Agriculture, Fisheries and Forestry and the Minister for Emergency Management, and later, Senator the Hon Anthony Chisholm, the Assistant Minister for Education and the Assistant Minister for Regional Development represented the Minister for Employment and Workplace Relations.
Safe Work Australia
2.9
Ms Michelle Baxter PSM, Chief Executive Officer of Safe Work Australia, appeared along with officers from Safe Work Australia.
2.10
Topics discussed for Safe Work Australia included:
Governance of Safe Work Australia
Board composition and appointments (pp. 5–7)
Implementation of the National Return to Work Strategy 2020–30 (p. 7)
Impact of COVID-19 on the workforce (p. 8)
Communication strategy and media engagement (pp. 8–9)
Research Plan 2021–22 (pp. 9–10).
Coal Mining Industry (Long Service Leave Funding) Corporation
2.11
The Minister was joined by Ms Darlene Perks, Chief Executive Officer of the Coal Mining Industry (Long Service Leave Funding) Corporation (Coal LSL).
2.12
Topics discussed for Coal LSL included:
Levy underpayments identified in PWC audit in 2021 (pp. 10–11)
Initiatives to improve accountability within Coal LSL (pp. 11–13)
Entitlements to the scheme for casual employees in the coal industry (pp. 12–14 and 16–17)
Coal LSL independent review (pp. 14–15)
Communication and education activities (p. 15)
Investment and returns for the scheme (pp. 15–16 and 17)
Data relating to a number of leave applications and registered employers and employees (pp. 17–18)
Online platforms/automated systems (pp. 18–19)
Client satisfaction survey (pp. 18–19).
Fair Work Commission
2.13
Mr Murray Furlong, General Manager of the FWC, was joined by officers of the FWC.
2.14
Topics discussed for the FWC included:
Establishment and structure of proposed additional expert panels on pay equity and the care and community sector (pp. 20 and 36)
Resignation of the President of FWC and appointment of a new President (pp. 20–22)
Interaction between applicable awards and enterprise agreements (pp. 22–24)
The functions of the FWC in relation to regulation of registered organisations prior to the establishment of the Registered Organisations Commission (ROC) (pp. 26–27)
Additional resources provided to the FWC in the 2022–23 Budget (pp. 27–28 and 35–37)
Implementation of new prohibitions on sexual harassment, including applications for stop sexual harassment orders (pp. 28–30)
Individual Flexibility Arrangements (p. 31–32)
Workplace Advice Service (pp. 32–33)
Applications in relation to unfair dismissals as a result of vaccine mandates (pp. 33–35).
Fair Work Ombudsman
2.15
Ms Sandra Parker PSM, the Fair Work Ombudsman, was joined by officers of the FWO.
2.16
Topics discussed for the FWO included:
Wage theft recovery statistics (pp. 38–39)
Transfer of ABCC functions to the FWO (p. 39–43, 50 and 56–57)
Process of verification and validation by FWO investigators, penalties for employers and investigation processes for FWO (pp. 43–46 and 51–53)
Resources to assist with implementation of the paid family and domestic violence leave scheme (pp. 46–47)
Enforcement action in relation to universities (pp. 47–50)
Protections and training for female inspectors (pp. 52–56)
Communication with stakeholders regarding new arrangements (p. 56)
Existing ABCC cases (pp. 57–69).
Registered Organizations Commission
2.17
Mr Mark Bielecki, the ROC Commissioner, was joined by officers of the ROC.
2.18
Topics discussed for the ROC included:
Consultation regarding the ROC being disbanded (p. 61)
Transfer of staff from the ROC to the FWC subject to passing of the Secure Jobs Better Pay Bill (p. 61)
Status of investigations and litigation being conducted by the ROC if the Secure Jobs Better Pay bill is passed (pp. 61–62).
Australian Skills Quality Authority
2.19
Ms Saxon Rice, Chief Executive Officer of the Australian Skills Quality Authority (ASQA), was joined by officers of ASQA.
2.20
Topics discussed for ASQA included:
Complaints raised regarding Chisholm TAFE (pp. 62–63)
Strategic review into online learning (pp. 63–64)
Educative role of ASQA (p. 65)
Results of provider surveys (pp. 65–66)
Provision of information regarding providers and courses (pp. 66–67)
Reduction in funding and associated transfer of functions (pp. 67–68)
Productivity Commission’s report titled 5 year Productivity Inquiry: From Learning to Growth (pp. 68–69)
Percentage of students currently enrolled in TAFE compared to those enrolled with private providers (pp. 69–70)
180,000 additional TAFE places announced by the government (p. 70).
DEWR – Skills and Training
2.21
Topics discussed for DEWR – Skills and Training Group included:
Fee-free TAFE places (pp. 70–71, 73–76 and 82–84)
Capacity of the TAFE system (pp. 71–75)
Improving provision of information available to students regarding TAFE courses and institutions and TAFE places in areas of high economic need including aged care and early childhood education and care (pp. 71–74)
Proportion of Commonwealth vocational education funding for public TAFE (pp. 75–76)
Percentage of vocational education students that attend TAFE in comparison to Registered Training Organisations (RTO’s) (p. 76–77)
Australian Skills Guarantee sub targets for women (pp. 77–78 and 80)
National Skills Agreement (pp. 78–79 and 84)
Differences between the Jobtrainer program and Fee-free TAFE (pp. 79–81 and 83–84)
Aboriginal employment training field (pp. 81–82)
Programs relating to foundational skills for adults, including the Workplace English Language and Literacy Program (pp. 84–85)
Transition to Jobs and Skills Australia (pp. 85–88)
Industry training hubs (pp. 88–89)
VET-FEE HELP debt recovery (pp. 89–91)
Mid-Career checkpoint pilot (pp. 91–92).
Department of Education
2.22
Senator the Hon Anthony Chisholm, the Assistant Minister for Education and the Assistant Minister for Regional Development representing the Minister for Education, was joined by the Secretary of the Department of Education, Dr Michele Bruniges.
Department of Education - Corporate and Enabling Services
2.23
Topics discussed for the Department of Education – Corporate and Enabling Services included:
Ministerial responsibilities (pp. 94–95)
List of savings measures in Budget Paper No. 2 (pp. 95–96).
Department of Education – Early Childhood and Youth
2.24
Topics discussed for the Department of Education – Early Childhood and Youth included:
Removal of cash fee payments for gap fees (pp. 96–97)
Measures to address early childhood workforce issues in regional areas including enrolments in early childhood courses and gaining micro credentials (pp. 97–99)
The impact of the cost of childcare on workforce participation (pp. 99–100)
Benefit to children of having access to early childhood education (p. 100)
Engagement with young Australians, the removal of a permanent youth portfolio by the previous government and the Office for Youth (pp. 100–101 and 116–119)
Need for additional educators as a result of early childhood education and care reforms (pp. 102–104)
Factors contributing to attrition in the sector and retention of employees in the sector (p. 103)
Connected Beginnings program (pp. 105–107)
Community Child Care Fund (pp. 106–108)
Activity test (pp. 108–109)
Additional child care centres needed across Australia (pp. 109–112)
Capacity of early learning centres (pp. 111–112)
Modelling of statistics (pp. 113–115)
Jobs and Skills summit round table discussions regarding childcare (p. 115)
Phase 2 of the higher child care subsidy (p. 116)
Prices set by providers and school attendance (pp. 119–120)
Definition applied in relation to Aboriginal and Torres Strait Islander children (pp. 119–120).
Education portfolio – Thursday 10 November 2022
2.25
Senator the Hon Anthony Chisholm, the Assistant Minister for Education and the Assistant Minister for Regional Development represented the Minister for Education.
Department of Education – Schools
2.26
Topics discussed for the Department of Education – Schools included:
A breakdown of school funding, including distribution of the school Upgrade fund, regional and remote loading and disability loading (pp. 3–5 and 19–20)
Teacher shortages, workloads and increasing salaries and pathways (pp. 6–8 and 10–14)
Teach for Australia and Nexus programs (p. 9)
Skilled migration program (pp. 9–10)
Statistics on students not enrolled in formal education (pp. 11–12)
Development of unique student identifiers (USI) (pp. 12–13)
Respectful Relationships education (pp. 14–15)
Impacts of COVID-19 on schools and students (pp. 15–16)
Transparency of funding (pp. 16–18)
Non-government schools national support (pp. 19–20)
Aboriginal boarding schools and Aboriginal Hostels Ltd (pp. 20–21)
Student Wellbeing Boost (pp. 18 and 21–23)
Regional Scholarships program (pp. 23–24)
City-Country partnerships (p. 24)
International Summit on the Teaching Profession (pp. 24–25).
Department of Education – Higher Education, Research and International
2.27
Topics discussed for the Department of Education – Higher Education, Research and International included:
20,000 additional university places (pp. 25–26 and 32–33)
Ending the 10 per cent up front fee discount (p. 26)
International students (pp. 26–29)
Student Higher Education Contribution Scheme (HECS) and Higher Education Loan Program (HELP) debt:
Consideration of student debt forgiveness (p. 29)
Effect of inflation and indexation on student debt (pp. 29–30 and 37–38)
Statistics regarding the amount of loan debt and number of individuals with student loans (pp. 38–39)
Job-ready graduates package (pp. 30–31)
Respect@Work report and support for smaller higher education providers to deliver information and training on sexual harassment (pp. 31–32)
Pay and conditions for university staff including wage theft and salaries of Vice-Chancellors (pp. 31–32)
Sponsorships for international teachers (p. 34)
Funding for specific programs in some regional universities (pp. 34–35 and 45–46)
Universities Accord (pp. 39–40)
Adoption of the Model Code on Freedom of Speech and Academic Freedom (pp. 40–41)
Status of University Colleges (p. 41)
National Regional, Rural and Remote Tertiary Education Strategy Final Report (Napthine review) (pp. 41–42)
Trailblazer universities program and Australia’s Economic Accelerator program (pp. 42–43)
Quality Indicators for Learning and Teaching (pp. 43–44)
Definition applied in relation to Aboriginal and Torres Strait Islander students (p. 45)
Parliamentary Joint Committee on Intelligence and Security inquiry into national security risks affecting the Australian Higher Education and research sector (pp. 44–45).
Tertiary Education Quality and Standards Agency
2.28
Emeritus Professor Peter Coaldrake, the Chief Commissioner of the Tertiary Education Quality and Standards Agency (TEQSA), was joined by officers of TEQSA.
2.29
Topics discussed for TEQSA included:
TEQSA’s role in reporting, recording and responding to allegations of sexual assault on Australian university campuses (pp. 46–47 and 50–53)
University Colleges (pp. 47–48 and 51)
Cost – recovery implementation (pp. 48–49).
Australian Curriculum and Assessment Reporting Authority
2.30
Mr David de Carvalho, Chief Executive Officer of the Australian Curriculum and Assessment Reporting Authority (ACARA), was joined by officers of ACARA.
2.31
Topics discussed for ACARA included:
National Assessment Program Literacy and Numeracy (NAPLAN)
Low NAPLAN participation rates (pp. 53–54)
NAPLAN results (pp. 55–56, 57 and 59–60)
Australian Education Research Organisation report on student writing achievement (p. 54)
Analysis and research regarding home-based learning during COVID-19 (pp. 54–55)
Individual subjects in the curriculum including mathematics and english language (pp. 55–57)
Aboriginal and Torres Strait Islander advisory group participation in the curriculum review process (pp. 57–58)
‘Data cleaning’ process to ensure accuracy of data (pp. 60–61)
Process of moving to a revised curriculum (pp. 61–62)
Resources to support teachers (p. 62).
Australian Institute for Teaching and School Leadership Limited
2.32
Mr Mark Grant, Chief Executive Officer of the Australian Institute for Teaching and School Leadership (AITSL), was joined by officers of AITSL.
2.33
Topics discussed for AITSL included:
Australian Teacher Workforce statistics (p. 63)
Recommendations arising from the Grattan report (p. 63)
Teacher shortages including in regional and remote areas (pp. 63–65)
Dropout rates for teaching courses in universities (p. 65)
Highly Accomplished and Lead Teachers (HALT) status for teachers (p. 66)
AITSL’s culturally responsive teaching guide (p. 67).
Australian Research Council
2.34
Ms Judith Zielke PSM, Chief Executive Officer of the Australian Research Council (ARC), was joined by officers of the ARC.
2.35
Topics discussed for the ARC:
Review of legislation, roles and functions of the ARC (pp. 67–68 and 74–75)
Grant rounds presented to the Minister and statistics around ARC grants (pp. 68–71)
Administrative burden on researchers (pp. 69– 70)
Work of the Advisory Committee (p. 70)
University Research Commercialisation Action Plan (pp. 70–71)
National Interest Test (NIT) (pp. 72– 73 and 75)
2 performance measures not achieved in the ARC annual report (pp. 73–74)
Steps being taken to counter foreign interference (pp. 75–76)
Breaches reported to the ARC (pp. 76–77)
Staffing of the ARC (p. 77).
Senator Tony Sheldon
Chair
Labor Senator for New South Wales