Fair Work Act review outlined

The Federal Government has announced the details of an independent review of the Fair Work Act.

The review of the Fair Work Act, first announced when the legislation was introduced, will be conducted by Reserve Bank Board Member John Edwards, former Federal Court Judge, the Honourable Michael Moore and legal and workplace relations academic Professor Ron McCallum.

Minister for Employment and Workplace Relations, Bill Shorten said he asked these three experts to conduct the review because they bring diverse experience and skills in working on workplace relations and economic matters in Australia and their ability to bring a new perspective to the debate.

“The Government believes the Fair Work Act is working well, but there is always room for improvement and I am very pleased these three eminent Australians have agreed to lead the review. They are all highly respected and will bring the level of independence and objectivity required for a review of this nature,” Shorten said.

“We will of course continue to consult with employer organisations, trade unions, employees, workplace relations experts and peak bodies throughout the review period and beyond.”

John Edwards is a Visiting Fellow at the Lowy Institute, an Adjunct Professor with the John Curtin Institute of Public Policy at Curtin University, and a member of the Board of the Reserve Bank of Australia. From 2009 to 2011 he was Director for Economic Planning and Development for the Economic Development Board of the Kingdom of Bahrain. From 1997 to 2009, Dr Edwards was Chief Economist for Australia and New Zealand for the global financial group, HSBC.

Michael Moore was appointed to the Industrial Relations Court of Australia and the Federal Court of Australia in March 1994 and retired in July 2011. At the time of his appointment to the Federal Court, he was Acting President of the Australian Industrial Relations Commission, of which he had been a Deputy President and then Vice President. He was appointed a Presidential Member of the Australian Industrial Relations Commission in 1989.  More recently, Michael has been an acting Judge in the NSW Land and Environment Court.

Professor Ron McCallum has written extensively on labour law matters and has taught Administrative Law, Public Law and labour law at the University of Sydney. Ron is the first totally blind person to have been appointed to a full professorship in any field at any university in Australia or New Zealand.

The Fair Work Act 2009 and the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 gave effect to the Government’s commitment to restore fairness to the Australian workplace relations system.

“The Fair Work Act underlines a balanced system for good workplace relations – one that promotes national economic prosperity and social inclusion for all Australians.  Real economic prosperity and growth requires fairness and security in the workplace.  This review reaffirms the Gillard Government’s fundamental commitment to these aims.”

Due to the scale of the reforms, the Government made a commitment in the Explanatory Memorandum to the Fair Work Bill 2008 to review the operation of the legislation two years after it was fully implemented (that is, 1 January 2012).

“The Government believes very strongly in not only creating jobs but in ensuring the jobs that are created are good quality jobs, and where both employees and employers get a fair go all round at work, regardless of the size of the business.

“The review represents an important opportunity to have an evidence based discussion about the operation of the legislation and the extent to which its effects have been consistent with the Government’s objectives.”

The terms of reference also task the panel to examine areas where the evidence indicates the operation of the legislation could be improved, consistent with the objects of the legislation.

The panel has been asked to consider evidence from stakeholders and provide a report to Government by 31 May 2012.  The attached terms of reference include further detail about the conduct of the review. Arrangements for public consultation and opportunities to present evidence to the review will be announced by the Panel shortly.

Shorten calls on all stakeholders to participate in the consultation process and to make a constructive and considered contribution to the review process.