❓ A parliamentary question regarding the rationale, evidence, and consultation process behind the Industrial and Related Legislation Amendment Bill 2007, focusing on the expansion of the WA Industrial Relations Commission's jurisdiction. The Minister defends the bill as building on existing jurisdiction and reinstating protections removed by WorkChoices, justifying limited consultation.
AnsweredQoN 1170Legislative Council
QuestionView source ↗
INDUSTRIAL AND RELATED LEGISLATION AMENDMENT BILL 2007
I refer the Minister for Employment Protection to the introduction of the Industrial and Related Legislation Amendment Bill 2007. (1) Will the minister table any briefing or discussion paper outlining the rationale for the expansion of the Western Australian Industrial Relations Commission’s jurisdiction to individual common law employment contracts; and, if not, why not? (2) If no to (1), will the minister explain what evidence the government has to demonstrate a need for such changes? (3) Will the minister indicate the extent of consultation on the bill with affected parties, including the courts, unions, professional associations and industry groups? Hon SUE ELLERY
I refer the Minister for Employment Protection to the introduction of the Industrial and Related Legislation Amendment Bill 2007. (1) Will the minister table any briefing or discussion paper outlining the rationale for the expansion of the Western Australian Industrial Relations Commission’s jurisdiction to individual common law employment contracts; and, if not, why not? (2) If no to (1), will the minister explain what evidence the government has to demonstrate a need for such changes? (3) Will the minister indicate the extent of consultation on the bill with affected parties, including the courts, unions, professional associations and industry groups? Hon SUE ELLERY
AnswerView source ↗
I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(1) Will the minister table any briefing or discussion paper outlining the rationale for the expansion of the Western Australian Industrial Relations Commission’s jurisdiction to individual common law employment contracts; and, if not, why not? (2) If no to (1), will the minister explain what evidence the government has to demonstrate a need for such changes? (3) Will the minister indicate the extent of consultation on the bill with affected parties, including the courts, unions, professional associations and industry groups? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(2) If no to (1), will the minister explain what evidence the government has to demonstrate a need for such changes? (3) Will the minister indicate the extent of consultation on the bill with affected parties, including the courts, unions, professional associations and industry groups? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(3) Will the minister indicate the extent of consultation on the bill with affected parties, including the courts, unions, professional associations and industry groups? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(1) Will the minister table any briefing or discussion paper outlining the rationale for the expansion of the Western Australian Industrial Relations Commission’s jurisdiction to individual common law employment contracts; and, if not, why not? (2) If no to (1), will the minister explain what evidence the government has to demonstrate a need for such changes? (3) Will the minister indicate the extent of consultation on the bill with affected parties, including the courts, unions, professional associations and industry groups? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(2) If no to (1), will the minister explain what evidence the government has to demonstrate a need for such changes? (3) Will the minister indicate the extent of consultation on the bill with affected parties, including the courts, unions, professional associations and industry groups? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(3) Will the minister indicate the extent of consultation on the bill with affected parties, including the courts, unions, professional associations and industry groups? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
I thank the member for some notice of this question. (1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(1) No. The Western Australian Industrial Relations Commission has had jurisdiction to deal with denied contractual benefits under individual common law employment contracts since 1980. The Industrial and Related Legislation Amendment Bill 2007 simply builds on the commission’s existing jurisdiction. (2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(2) Not applicable. (3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
(3) Given that the bill reinstates longstanding protections and entitlements that were removed by WorkChoices, the government did not consider it necessary to engage in extensive consultation with industry stakeholders. In addition, extensive consultation would have delayed the bill’s introduction, which in turn would have resulted in employees suffering further disadvantages from WorkChoices. The government consulted with relevant government agencies and the courts.
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