Labor refuses to rule out Fair Work tribunal spill to avoid ‘skewed’ commission

Labor won’t rule out spilling a “skewed” Fair Work tribunal after 20 employer appointments, says Brendan O’Connor.

Shadow Employment Minister Brendan O'Connor delivers his address to the National Press Club in Canberra. Picture: Lukas Coch/AAP

Federal Labor has refused to rule out spilling all Fair Work Commission positions and reconstituting the tribunal to achieve a better balance of appointments.

Opposition workplace relations spokesman Brendan O’Connor told the National Press Club that Labor did not want a “skewed” commission, attacking the Coalition for 20 consecutive employer appointments.

Asked if a Labor government would spill all commission positions and reconstitute it with a better balance of appointments, Mr O’Connor said it would be a “very big thing” for the ALP to consider that option.

“It’s a very big step for us to consider but we’ll have to think our way through that,’’ he said

University of Adelaide law professor Andrew Stewart said this week the appointments of six new commission members Jobs Minister, Kelly O’Dwyer would make it difficult for a Labor government to work with the tribunal

He said the latest appointments could “sound the death knell” for the tribunal in its current form, as the Coalition was treating the concept of an independent umpire with contempt.

Four of the six new members have worked directly for employer groups. The majority of tribunal members are now ­Coalition appointments with backgrounds either working for employer groups or as lawyers generally representing employers.

The Coalition ignored a recommendation by commission president Iain Ross who had told the government the tribunal needed only one additional appointment to replace commissioner Anna Cribb, who is retiring next month.

Questioned about Labor’s proposal for industry bargaining, Mr O’Connor said the ALP had not yet decided if unions and employees would have the capacity to take legal industrial action in support of multi-employer bargaining.

“That’s something we have not resolved,’’ he said. We are still engaged with employers and unions about that right.’

Mr O’Connor said Labor would first determine how widely available multi-employer bargaining would be before determining rights to take industrial action.

He said countries that allowed multi-employer bargaining had not experienced a high level of industrial action. He said there could not be a return to the 1970s as that labour market no longer existed