Attachment A: Summary of Responses Recommendation NFF Position 3.1 The Australian Government should amend the Fair Work Act 2009 (Cth) to establish a Minimum Support Standards Division as part of the Fair Work Commission. This Division would have responsibility for minimum wages and modern awards. All other functions of the Fair Work Commission should remain in a Tribunal Division. 3.2 The Australian Government should amend s. 629 of the Fair Work Act 2009 (Cth) to stipulate Support. Recommend that new appointments of the President, Vice Presidents, Deputy Presidents and Commissioners consideration of the of the Fair Work Commission be for periods of five years, with the possibility of reappointment existing process for at the end of this period, subject to a merit-based performance review undertaken jointly by an AHRC Commissioners. independent expert appointment panel and (excepting with regard to their own appointment) the Caution against too much President. emphasis on performance Current non-judicial Members should also be subject to a performance review based on the management if fixed duration of their current appointment. Existing Members with five or more years of service appointments are would be subject to review within three years from the commencement of these appointment introduced. processes with reviews to be staggered to reduce disruption. Non-judicial Members with fewer than five years of service would be reviewed at between three to five years, depending on the date of their appointment. 3.3 The Australian Government should amend the Fair Work Act 2009 (Cth) to change the Support. appointment processes for Members of the Fair Work Commission. The amendments would stipulate that: an independent expert appointment panel should be established by the Australian Government • and state and territory governments members of the appointment panel should not have had previous direct roles in industrial •
Attachment A: Summary of Responses Recommendation NFF Position 3.1 The Australian Government should amend the Fair Work Act 2009 (Cth) to establish a Minimum Standards Division as part of the Fair Work Commission. This Division would have responsibility for minimum wages and modern awards. All other functions of the Fair Work Commission should remain in a Tribunal Division. Support 3.2 The Australian Government should amend s. 629 of the Fair Work Act 2009 (Cth) to stipulate that new appointments of the President, Vice Presidents, Deputy Presidents and Commissioners of the Fair Work Commission be for periods of five years, with the possibility of reappointment at the end of this period, subject to a merit-based performance review undertaken jointly by an independent expert appointment panel and (excepting with regard to their own appointment) the President. Current non-judicial Members should also be subject to a performance review based on the duration of their current appointment. Existing Members with five or more years of service would be subject to review within three years from the commencement of these appointment processes with reviews to be staggered to reduce disruption. Non-judicial Members with fewer than five years of service would be reviewed at between three to five years, depending on the date of their appointment. Support. Recommend consideration of the existing process for AHRC Commissioners. Caution against too much emphasis on performance management if fixed appointments are introduced. 3.3 The Australian Government should amend the Fair Work Act 2009 (Cth) to change the appointment processes for Members of the Fair Work Commission. The amendments would stipulate that: • an independent expert appointment panel should be established by the Australian Government and state and territory governments • members of the appointment panel should not have had previous direct roles in industrial Support.
subdr0302-workplace-relations.docx