Labor plans to realign Fair Work Commission

The Albanese government will make up to 13 new non-employer appointments to the Fair Work Commission as Labor seeks to ‘rebalance’ the tribunal.

Adam Hatcher has been appointed the new president of the Fair Work Commission.

The Albanese government will make up to 13 new non-employer appointments to the Fair Work Commission as Labor seeks to “rebalance” the tribunal it says has been stacked by the Coalition.

Agriculture Minister Murray Watt told a Senate estimates hearing that 25 of 27 appointments made to the commission by the former coalition government had an employer background, resulting in 75 per cent of current members coming from the employer side.

The commission had been funded for 44 permanent members and there have been five vacancies, leaving 39 sitting members.

One vacant position is that of vice-president which became open when Adam Hatcher was elevated to commission president.

Labor has provided funding for 52 members allowing it to fill up to 13 positions. The vacancies are expected to be filled by those with a non-employer background including union officials and potentially academics, senior lawyers and public servants.

Senator Watt told the hearing that it was a matter of public record that the former government “shamelessly” stacked the commission.

He said while there should be people from an employer background on the commission, most people would expect that workers and unions deserve an equal position at the table.

“I don’t think anyone can argue that that is a level playing field or balanced. For that reason it is the government’s intention to rebalance the commission,” he said.”

During the hearing, Opposition employment spokeswoman Michaelia Cash questioned Senator Watt about the government’s appointment of Mr Hatcher to commission president.

Senator Cash asked about Mr Hatcher standing as an ALP candidate at the 1990 federal election and how a “close relative” of Mr Hatcher had worked for Employment and Workplace Relations Minister Tony Burke for three years when Mr Burke was in opposition.

Senator Watt said Mr Hatcher’s candidacy was 33 years ago, and he accused Senator Cash of launching a “bit of a character assassination” on Mr Hatcher.

Mr Hatcher has been vice-president of the commission for 10 years and was highly experienced and qualified. His elevation was well-received and backed by employer representatives as well as union leaders.

Senator Cash said she accepted Mr Hatcher was qualified and insisted she was only interrogating the appointment process.

But Senator Watt highlighted the former government’s stacking of the Administrative Appeals Tribunal and told Senator Cash that “your shamelessness never ceases to amaze me”.

Steve Knott, chief executive of the Australian Resources and Energy Employer Association said “in numerous forums Minister Burke has made it clear that he will be ‘rebalancing the Fair Work Commission”’.