Labor to revamp ‘unfair’ work commission

The Fair Work Commission faces a major shake-up if Labor wins the election.

Opposition workplace relations spokesman Brendan O’Connor. Picture: Zak Simmonds

The Fair Work Commission faces a major shake-up if Labor wins the election. The ALP to wants boost its interventionist powers and ­investigate ways to strip away the influence of 20 consecutive employer appointments to the tribunal by the Coalition.

Opposition workplace relations spokesman Brendan O’Connor yesterday said Labor in office would seek legal advice about the commonwealth’s power to overhaul the commission, ­including the option of spilling all positions and making re­appointments.

“It’s a serious problem where you have a current government appoint 20 consecutive commissioners, many of whom are presidential members, to make up the commission without one side of the bargaining table,” he said.

“It wouldn’t matter what side and, frankly, (John) Howard broke the consensus (on appointments being balanced). We sought to redress it when last in government but this government has put Howard’s efforts in the shade.

“This is 20-0. Now that has ­undermined the efficacy and integrity of the commission in terms of the way it would appear to be independent and, for that reason, we are examining options to … restore the integrity of the commission.

“We are concerned about the way the commission is now perceived (after) the government (made) 20 ­consecutive one-side-of-the-­bargaining-table appointments.”

Asked if spilling all positions was an option, he said Labor would seek advice in government about “the best approach”.

Labor has committed to boosting the commission’s arbitration powers, including its ability to intervene in long-running disputes.

Experts said the “spill and fill” approach would be a radical option; an easier political and legal path would be for Labor to abolish and reconstitute the commission when it ­undertakes its intended overhaul of the bargaining laws.

University of Adelaide law professor Andrew Stewart said one option would be to reappoint only those appointed during the ­Coalition’s first term. He said there was a “serious imbalance” in the commission because the Coalition had given presidential status to recent employer appointments and they sat above more experienced, highly skilled commissioners previously appointed by Labor.