Television Interview - Sky News with Tom Connell

TOM CONNELL, HOST: There was a change announced today, though, a Fair Work Court to deal specifically with claims by workers with an emphasis on those who have been underpaid, able to get justice. ANTHONY ALBANESE, PRIME MINISTER OF AUSTRALIA: Good for workers, good for business, good for the country. [End of Excerpt] TOM CONNELL: Joining me live now, Employment and Workplace Relations Minister Amanda Rishworth, thank you for your time.

What is this Fair Work Court trying to achieve that's not being achieved already? AMANDA RISHWORTH, MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS: Well, firstly, I would say that what this Fair Work Court is about is having a jurisdiction that has workplace expertise to ensure that workers' rights can be enforced. At the moment, we have the Fair Work Commission that has a lot of expertise when it comes to workplace law, but often if an issue cannot be resolved or it may be arbitrated, it does go to the Federal Court or the Federal Circuit Court.

Underpayments, for example, often go straight to the Federal Circuit Court or the Federal Court. This is a jurisdiction that deals with a whole range of matters and does not necessarily have the expertise. And what we know is many people have talked about the resolution of these disputes can take years, and often it’s over a small underpayment but takes years to resolve.

So we want to ensure that there's a more efficient, effective and fair access to justice, that a Fair Work Court would be able to deliver that with the expertise of workplace law and be able to better complement and integrate with the Fair Work Commission, which allows people for a much smoother pathway to justice. That would not just be workers, though, employers too.

I’ve heard from employers, particularly small business, that get frustrated with things, and the time and the inefficiency taken in the Federal Court. So having a court that has the expertise to deal with these matters is really important. TOM CONNELL: When you say expertise, does that mean the way they currently go through the courts, those courts don't have the expertise, they're not applying the law properly?

AMANDA RISHWORTH: Well, no, I'm not making any reflection on our judicial bodies, but what's been really clear is often there is a lot of time taken because there isn't necessarily the workplace expertise and understanding. So, also the feeling that workers have and employers have, you go to the Commission, then you go to a completely different jurisdiction. We want to see a better pathway and better integration.

Of course, a lot of these details will be consulted on and we’ll consult with the current Federal Court. Of course, with workers and with employers and right across the community. But this is really important.

And it’s not a new concept, it has existed before. It has existed in the past in different ways to help resolve these issues. TOM CONNELL: But in terms of, again, you mentioned the word expertise, I'm interested in how the problem is trying to be fixed here.

If we go to a few recent cases, there has been a line drawn by various court decisions that have sided with employers on being able to insist that workers do work, at least some days, in the office. Is there any part of that you feel like they don't have the expertise or the experience, that they're not what Labor says should be a right to work from home properly?

AMANDA RISHWORTH: No, I am not making any commentary on decisions that have been made. What we know is that workers sometimes have to wait two years for an outcome. It is, for example, the pathway between the Commission and the court system can be very clunky.

There is up for consultation whether or not we can have one register that directs people either to the Commission or to the new Fair Work Court. So what I'm talking about here, I'm not making any commentary on decisions that have been made. What I'm talking about is the pathway to access justice is often long, very complex, and not integrated as well as it could be with the Fair Work Commission.

So it's about that pathway. I'm not making any comment on decisions that have been made by the Federal Court. TOM CONNELL: Okay.

There have been a few cases in which workers have been denied a right to work at home in order to care for pre-school aged children, so the court essentially saying they couldn't do their job as a full-time employee and manage children under five. Is that a fair enough application of the law in your view? AMANDA RISHWORTH: I'm not going to make a comment.

The court makes a decision, and that is the court. What I’m talking about is a range of issues… TOM CONNELL: [Talks over] But I'm not asking for a specific case. I’m just talking about- you know, you still set the law, so would you agree that it's hard for someone to do a full-time job and juggle maybe a four- and a two-year-old?

AMANDA RISHWORTH: Of course, working from home and the balance of working from home and whether it's appropriate, there is a right in the Fair Work Act to request flexibility. Of course, then, both the Commission and the courts make those interpretations. What I'm saying here is we need to make sure that people have access in a streamlined way.

And so I'm not going to make running commentary on court decisions, what I'm saying is having a court that has the expertise to deal with workplace relations. Just to give you an example, there's an increasing number of cases that are going to the Federal Court, and there's been an increase by 30 per cent in the time cases that are being delayed. And so what we want is a much streamlined, effective and efficient process.

This is not about decisions that have been already made, this is about pathways to justice. TOM CONNELL: Okay. Sally McManus has said this will give workers quicker and fairer justice.

She's expecting clearly outcomes more on the side of workers. Is she going to be disappointed then? AMANDA RISHWORTH: Well, it's about having the expertise to understand and to apply the law.

But importantly, if you're someone that may not deal with workplace relations law every single day, that might take extra time to become familiar with it. If you have expertise in workplace law, that this court is dealing with on a daily basis, that does allow better interactions. So this is what the effect of, also connection between the Fair Work Commission.

Some cases go directly to courts, some cases move from arbitration to the court system. We want to make sure that the worker or the employer is able to navigate this. This isn't about the court systems dictating, this is about a much easier to access pathway.

TOM CONNELL: Wanted to get you just quickly as well, a lot of comment on what Pauline Hanson had to say. She was in a radio interview and we played at length some of the comments yesterday on her, asked to comment on domestic violence. Did you listen to her comments in full because she says she was misrepresented?

Did you listen to the comments in full and what was your reaction? AMANDA RISHWORTH: Well look, firstly I would say that it is very, very concerning to hear people say that it's a two-way street when it comes to family and domestic violence. We know that there are many, many women who are victim survivors and that would have been deeply upsetting for many women.

But I think it's emerged today also that in the past she’s said family and domestic violence leave is a holiday. That's pretty concerning. Family and domestic violence leave is a really important provision that allows women to escape or people escaping family and domestic violence not to have to choose between their job and their safety.

And since it's been implemented, it has been used incredibly responsibly. And when I speak to women, it is indeed, in their belief, saved lives. So it is pretty disappointing and worrying that there would be the proposition put out there that family and domestic violence leave was some sort of a holiday, and I reject that completely.

TOM CONNELL: Amanda Rishworth, appreciate your time today. Thank you.