Education and Employment References Committee


APPENDIX 2 Public Hearings



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APPENDIX 2

Public Hearings




Melbourne, Monday 18 May 2015


Committee Members in attendance: Senators Lines, McKenzie, O'Neill, Rice
Witnesses

CAMPBELL, Mr Michael, Deputy Fair Work Ombudsman, Operations, Fair Work Ombudsman

DUNN, Mr Ian, Head of Trade Relations, Woolworths Limited

HUANG, Ms Sherry, Previous Worker and Current Union Organiser, National Union of Workers

JAMES, Ms Natalie, Fair Work Ombudsman, Fair Work Ombudsman

MARDIROSSIAN, Ms Armineh, Group Manager, Corporate Responsibility, Community and Sustainability, Woolworths Limited

O'SHEA, Mr Tom, Executive Director, Policy, Media and Communications, Fair Work Ombudsman

ROBERTSON, Mr George, Union Organiser, National Union of Workers YAO, Ms Lin Pei (Winnie), Worker, National Union of Workers

Brisbane, 12 June 2015


Committee Members in attendance: Senators Lines, McKenzie, O'Neill
Witnesses

BRUNJES, Mr Frederick, Shed Secretary, Australasian Meat Industry Employees Union

EARLE, Mr Warren, Branch Organiser, Australasian Meat Industry Employees Union FAIRWEATHER, Mr David, Tastensee Farms

JOURNEAUX, Mr Matthew, Assistant Branch Secretary, Australasian Meat Industry Employees Union

McLAUCHLAN, Mr Ian, Branch Organiser, Australasian Meat Industry Employees Union

McLENNAN, Ms Ros, Assistant General Secretary, Queensland Council of Unions MOGG, Ms Donna, Commercial Services Manager, Growcom

MONAGHAN, Mr Ron, General Secretary, Queensland Council of Unions MORTON, Mrs Jane, Isolated Children's Parents' Association


350

WELLS, Mrs Laura, Tastensee Farms



Melbourne, 19 June 2015


Committee Members in attendance: Senators Lines, McKenzie, Peris, Rice, Sinodinos
Witnesses

ALFERAZ, Mrs Dely, Registered Nurse, Australian Nursing and Midwifery Federation

BLAKE, Mr Nicholas, Senior Industrial Officer, Australian Nursing and Midwifery Federation

BOYD, Mr Matthew Gregory, Branch Organiser, Electrical Trades Union

BUTLER, Ms Annie, Assistant National Secretary, Australian Nursing and Midwifery Federation

CONWAY, Mrs Ann, People and Performance Manager, Hazeldene's Chicken Farm

FERRERAS, Mr Reni, Registered Nurse, Australian Nursing and Midwifery Federation

GRIMA, Mrs Pauline, Industrial Relations Specialist, Hazeldene's Chicken Farm KERR, Ms Deborah, General Manager, Policy, Australian Pork Limited

KERSHAW, Ms Ruth, Research Consultant, Victorian Branch, Electrical Trades Union

MARES, Mr Peter, Private capacity SCOTT, Mr Ian, Senior Lawyer, Job Watch

Sydney, 26 June 2015


Committee Members in attendance: Senators Lines, McKenzie, O'Neill, Peris, Rhiannon
Witnesses

BRITNELL, Mrs Roma, Chair, Markets Trade and Value Chain Policy Advisory Group, Australian Dairy Farmers Ltd.

CHANG, Miss Chiung-Yun, Private capacity

COURTNEY, Mr Grant, Branch Secretary, Newcastle and Northern NSW Branch, Australasian Meat Industry Employees Union

CURTAIN, Mr Dave, Organiser, Construction, Forestry, Mining and Energy Union DE CASTRO, Mr Edwin, Member, Construction, Forestry, Mining and Energy Union

GAETA, Mr Guy, Private capacity

GEARY, Mr Luke, Managing Partner, Salvos Legal, The Salvation Army KEARNEY, Ms Gerardine, President, Australian Council of Trade Unions KWAN, Miss Chi Ying, Private capacity

LOEVE, Mr Benjamin, Private capacity

351



McKINNON, Ms Sarah, Manager Workplace Relations and Legal Affairs, National Farmers' Federation

MOORE, Ms Heather, Advocacy Coordinator, The Freedom Partnership to End Modern Slavery, The Salvation Army

ROACH, Mr Justin, Private capacity

SHIPSTONE, Mr Tim, Industrial Officer, Australian Council of Trade Unions

TAM, Mr Hoi Ian, International Liaison Officer, Newcastle and Northern NSW Branch, Australasian Meat Industry Employees Union

WONG, Mr Chun Yat, Private capacity



Perth, 10 July 2015


Committee Members in attendance: Senators Johnston, Lines, Rice
Witnesses

HEFFERNAN, Mrs Felicity, Humanitarian Lawyer, Australian Catholic Religious Against Trafficking in Humans

KEATING, Mr Dean, Vice President, Cairde Sinn Fein Australia

ROBINSON, Mr Paul, Branch Secretary, Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch

SMITH, Ms Jessica Caroline, Senior Solicitor, Employment Law Centre of Western Australia (Inc)

VANKESSEL, Sister Lucy Susan, Coordinator, Australian Catholic Religious Against Trafficking in Humans

WHITTLE, Mr Owen, Assistant Secretary, UnionsWA



Adelaide, 14 July 2015


Committee Members in attendance: Senators Lines, McKenzie, O'Neill, Rice, Sinodinos
Witnesses

ANDERSON, Miss Sharra, Branch Secretary, AMIEU South and Western Australia Branch

BON, Ms Vicki, Government and Industry Relations Manager, Coles




352

CAMPBELL, Mr Michael, Deputy Fair Work Ombudsman, Operations, Fair Work Ombudsman

CURRIE, Ms Andrea, Policy and Brand Standards Manager, Coles HOWE, Dr Joanna, Private capacity

JAMES, Ms Natalie, Fair Work Ombudsman, Fair Work Ombudsman

MITCHEL, Mr Greg, Member, AMIEU South and Western Australia Branch O'SHEA, Mr Tom, Executive Director, Policy, Media and Communications, Fair Work Ombudsman

SMEDLEY, Mr Brian, Chief Executive, South Australian Wine Industry Association



Canberra, 17 July 2015


Committee Members in attendance: Senators Lines, McKenzie, Rice
Witnesses

BERG, Dr Laurie, Member, Human Rights Council of Australia CHAN, Ms Angela, National President, Migration Institute of Australia

CHOWDHURY, Mrs Rita, Vice-Chair, Migration Law Committee, Law Council of Australia

DUNN, Mr Matthew, Director, Policy, Law Council of Australia

FURNELL, Ms Peta, Acting Deputy Secretary, Department of Education and Training

INNES, Ms Helen, Acting Group Manager, Economic Strategy Group, Department of Employment

LAMBERT, Ms Jenny, Director, Employment, Education and Training, Australian Chamber of Commerce and Industry

MURRAY, Mr Bernard, Owner, Murray Free Range MURRAY, Mrs Kerry, Owner, Murray Free Range

NAYLOR, Mr Andrew, Chairperson, Human Rights Council of Australia

NOCKELS, Mr David, Commander, Immigration and Customs Enforcement Branch, Investigations Division, Border Operations Group, Australian Border Force

PARCELL, Mr Wayne, Director, Migration Institute of Australia PARKER, Ms Sandra, Acting Secretary, Department of Employment SHERRELL, Mr Henry, Policy Analyst, Migration Council of Australia

WALLACE, Mrs Elizabeth Mary, Human Resources, Compliance and Feed Purchasing, Windridge Farms

WILDEN, Mr David, Acting Deputy Secretary, Department of Immigration and Border Protection

WILSHIRE, Ms Carla, Chief Executive Officer, Migration Council of Australia
353

Melbourne, 24 September 2015


Committee Members in attendance: Senators Lines, McKenzie, O'Neill, Peris, Rice
Witnesses

ALAWALA, Mr Pranay Krishna, Private capacity

CAMPBELL, Mr Michael, Deputy Fair Work Ombudsman, Fair Work Ombudsman DALBO, Ms Natalie, General Manager Operations, 7-Eleven Stores Pty Ltd

DWYER, Mr Gerard, National Secretary and Treasurer, Shop, Distributive and Allied Employees Association

FRASER, Mr Michael, Private capacity HARDY, Dr Tess, Private capacity

JAMES, Ms Natalie, Fair Work Ombudsman, Fair Work Ombudsman

O'SHEA, Mr Tom, Executive Director, Policy, Media and Communications, Fair Work Ombudsman

PATIL, Mr Rahul, Private capacity

SANGAREDDYPETA, Mr Nikhil Kumar, Private Capacity THAM, Associate Professor Joo-Cheong, Private capacity ULLAT THODI, Mr Mohamed Rashid, Private capacity WASEEM, Mr Ussama, Private capacity

WEBSTER, Ms Janine, Chief Counsel, Fair Work Ombudsman WILMOT, Mr Warren, Chief Executive Officer, 7-Eleven Stores Pty Ltd WITHERS, Mr Russell, Chairman, 7-Eleven Stores Pty Ltd

Melbourne, 20 November 2015


Committee Members in attendance: Senators Lines, McKenzie, O'Neill, Rice
Witnesses

COUSINS, Dr David Charles, Panel Member, Independent Franchisee Review and Staff Claims

Panel


DE BRITT, Mr Kym Anthony, General Manager, Franchise Council of Australia HENNESSY, Ms Siobhan Armagh, Partner, Deloitte

McKENNA, Miss Emmaline Rose, Private capacity

O'DONNEL, Mr Sean, Director and Franchising Legal Professional, Franchise Council of Australia
354

ONLEY, Mr Grant Charles, Human Resources Manager, Baiada Poultry Pty Ltd PAUL, Mr Michael, Chairman and Franchisor, Franchise Council of Australia

WILSON-BROWN, Mrs Traci Michele, Office Manager, Willing Workers on Organic Farms Pty Ltd

Canberra, 5 February 2016


Committee Members in attendance: Senators Lines, McKenzie, O'Neill, Peris, Rice
Witnesses

BAILY, Mr Robert Francis, Chief Executive Officer, 7-Eleven Stores Pty Ltd

CAMPBELL, Mr Michael, Deputy Fair Work Ombudsman, Operations, Fair Work Ombudsman

COUSINS, Professor David, Fels Wage Fairness Panel FELS, Professor Allan, Chair, Fels Wage Fairness Panel HENNESSY, Ms Siobhan, Fels Wage Fairness Panel

JAMES, Ms Natalie, Fair Work Ombudsman, Fair Work Ombudsman

MAHAR, Mr Tony, Deputy Chief Executive Officer, National Farmers' Federation

O'SHEA, Mr Tom, Executive Director, Policy, Media and Communications, Fair Work Ombudsman



SMITH, Mr Michael John, Chairman, 7-Eleven Australia PL WEBSTER, Ms Janine, Chief Counsel, Fair Work Ombudsman WITHERS, Mr Russell George, Shareholder, 7-Eleven Stores Pty Ltd


Appendix 3


Review of the Fair Work Ombudsman and the penalty regime under the Fair Work Act 2009

Objectives


The Review is charged with examining and making recommendations on the adequacy of the resources of the Fair Work Ombudsman, the appropriateness of the powers of the Fair Work Ombudsman, the appropriateness of the penalty provisions under the Fair Work Act 2009, the utility of the accessory liability provisions under the Fair Work Act 2009, and the utility of the sham contracting provisions under the Fair Work Act 2009.

Terms of reference


    1. The Review will examine the:

      1. adequacy of the resources of the Fair Work Ombudsman with respect to fulfilling its role under the Fair Work Act 2009;

      2. appropriateness of the powers of the Fair Work Ombudsman, including with reference to its ability to make full use of the accessory liability provisions in the Fair Work Act 2009;

      3. appropriateness of the penalty provisions under the Fair Work Act 2009, including with reference to the ability of a company to avoid a portion of court-imposed penalties by measures such as liquidating the company;

      4. utility of the accessory liability provisions, including with reference to the ability of the Fair Work Ombudsman to:

        1. pursue a lead firm or head franchisor for accessory liability; and

        2. directly recover underpayments against an accessory (as well as seeking penalties);

      5. sham contracting provisions to the extent that they can be readily circumvented by certain types of third party contracting arrangements;

      6. any related matter

    2. The Review will report to the Minister for Employment by 30 October 2016.

Resourcing


  1. The Government to appoint, by 30 June 2016, an independent tripartite panel to conduct the Review.

  2. The Department of Employment to provide the secretariat for the Review.

Tabling in Parliament


1. The review is to be tabled in both Houses of Parliament by 30 November 2016.


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