Doorstop Interview - Adelaide Conference Centre

AMANDA RISHWORTH, MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS: Hello, a couple of topics to get to. I will start with labour force data. We continue to see jobs added to the Australian economy.

In the month of June there were 76,000 jobs added and our unemployment rate remains steady at 4.4 per cent. And this is particularly good news, considering the very unsettling and unstable global conditions. And of course, I’m very much pleased to see not only that unemployment figures stay at 4.4 and see that increase in jobs, but also see jobs rise for both men and women, both full-time and part-time jobs.

But also see this increase in the participation rate, which means we are at a near record high of participation at 67 per cent, which means more people are engaging in work or are looking for work. And we didn’t just see that across the board, but we also saw an increase of 0.9 per cent in the youth participation rates. So, this is good news.

It continues to show our Government’s commitment to creating jobs and delivering jobs for Australians. The other point I’d make is, we have now seen these figures, a record number of people ever in work here in Australia. And that is certainly good news because that allows people to enjoy the dignity that comes with work.

I’ll make also some comments now about the Prime Minister’s announcement that a Labor Government will create a fair work court. We know that workers often can find going through the legal system, just to enforce their rights, a daunting process. And we want to see a more efficient, fair and effective route for justice for workers.

And so, today’s announcement that we will have a specialised fair work court to help deal with workplace matters is incredibly important and has been welcomed. It not only will help workers navigate the legal system, but also employers. We've heard right across the board from community legal experts, unions, as well as small business that it can be quite difficult to navigate through first the Commission and then on to the federal court, or some matters that can only be conciliated at the Commission then must go to the federal court.

That's a very disjointed process for workers and for employers, and so this new court will be designed as a more efficient and effective way. Now we will of course need to consult on the details and we will undertake a consultation across the board to work out the interaction between the Commission, the interaction between the federal court and, in a few places, the interaction in the state-based systems.

But we are very much committed because we believe that this will provide a better experience for workers seeking justice through the court system. I’ll open up to questions. JOURNALIST: So, Minister, what matters will go to this new court as opposed to other courts or the Commission?

AMANDA RISHWORTH: Well, of course we're working through those details, but we envisage that matters often finish at the Fair Work Commission - they can be arbitrated- they can be conciliated and arbitrated, but then to be enforced they will need to go to the federal court. We would be looking at what are the types of matters where that happens. We know currently the federal court hears a whole range of matters and are varied.

They may not have the specialised expertise that exists in the Commission when it comes to workplace law. So, we want to see a very specialised expertise sitting in the fair work court so that they can effectively deal with enforcing the rights of workers. And I'll give you another example, underpayments often have to go directly to the federal court and people have to spend a lot of money and time pursuing underpayment in the federal court where that federal court, the jurisdiction may not have the expertise.

So, we will consult on the details, but it's those types of matters that end up at the federal court that we want to see where and how a fair work court would be able to better deal with the expertise in workplace law. JOURNALIST: What’s the timeline to set that up? AMANDA RISHWORTH: Look, we will consult across the board.

We want to get this happening and so we will really start the process from now to consult and look at. It will need, no doubt, legislation and, of course, a set up, but we envisage to do it, you know, in a timely way. But we do also want to get it right, so we will take the time to consult.

JOURNALIST: Will it be up and running before the next election? AMANDA RISHWORTH: I'll just go to that question and then that question. So, we obviously need to develop the legislation.

This isn't, though, a completely new concept, there has been these types of courts in the past. Indeed, the Keating Government set up the court in 1994, particularly to help resolve some enterprise bargaining issues. Of course, John Howard abolished that court as part of his ideological war on workers.

And so, we will look at when we can draft that legislation, but we will consult. Will it be up and running? Look, we of course need to take the time to design, to pass the legislation, and to look at how we can get it up and running.

We want to do this quickly. This is a piece of unfinished business and we're committed to work as swiftly as possible but we do want to get the details right. JOURNALIST: Minister, should people be thinking of this as kind of like a small claims tribunal?

AMANDA RISHWORTH: Look, I think what they need to be thinking of this as, is having the expertise to enforce the rights of workers. So, if we think about it, as I said, the Fair Work Commission can often hear matters or conciliate matters, but the final resolution or enforcement often may need to go to the federal court depending on the jurisdictional issues.

Often people have experienced very lengthy delays with it going to the federal court and perhaps feeling there isn't the workplace law expertise. So, I would ask people to consider it as a specialist workplace court that will be able to resolve issues for workers and enforce their rights. JOURNALIST: What other matters besides under payment will go to this court, Minister?

AMANDA RISHWORTH: Well look, we know that some resolutions in bargaining matters could go. Obviously, we want to consult across the board. We know that a number of different issues when they've run their course in the Fair Work Commission end up in the federal court.

We know that the number of cases going to the federal court have actually increased when it comes to workplace relations. And so look, we'll continue to consult specific matters. But those issues that we believe need to have that workplace expertise are the things that are in scope and we'll look at.

JOURNALIST: Do you see this, Minister, as being more akin to the Federal Circuit Court which is current dealing, essentially, with small claims in the industrial relations sphere? Or more akin the federal court which hears appeals from the Fair Work Commission? AMANDA RISHWORTH: Yeah.

We haven't ruled anything out, and I think that when it comes to small claims, some of them are small claims for individual workers. We've seen some very large underpayments going into the millions of dollars. We've also seen a range of different matters go both to the Federal Circuit Court and the federal court.

We are looking at matters, potentially, through our consultation that go to both of those courts. JOURNALIST: Minister, it sounds really like you’ve announced an idea today and there’s no actually substance to the court yet. How long have you been [indistinct]… AMANDA RISHWORTH: I completely reject that concept.

What we've announced today is a specialist workplace relations court. But as you would expect in all workplace relations matters, I take my role of consultation very seriously - we don't want to see unintended consequences. And I've committed to engage with both industry, businesses.

Of course, the Attorney-General will engage with the legal fraternity and, of course, workers and unions. There is a lot of work to get right, but I think what we've outlined is not just an idea, it is a concrete proposal that we will take forward. We will of course refine the details, that's what you would expect.

Of course we've got to ensure that it works with the Commission. We certainly envisage the opportunity to have some complementation and integration with the Fair Work Commission as much as we can. For example, it might include its own registry so that you get an easy pathway through when you have a workplace relations matter.

But of course we've got to get the detail right and that's exactly what we're going to consult and do. JOURNALIST: you said there's been a previous fair work court before. Is there one in particular you mentioned… that you’ll be modelling this after?

AMANDA RISHWORTH: Look, the concept existed. Of course, our workforce relations framework is very different to 1994. If we think back, enterprise bargaining had just been introduced.

So look, of course, we will be looking at to make sure that this is responsive to our current workplace relations framework. But I guess there have been some commentary that suggests this is not a new idea. Well, it has existed before, but we need to make sure that this concept and this court is responsive to the current workplace relations framework, because we're talking about a very different one than what existed back in 1994.

JOURNALIST: Minister, Pauline Hanson has labelled paid family and domestic violence leave a holiday, described it as a scam. What do you make of those comments? AMANDA RISHWORTH: I think that is an appalling comment and fails to understand the genuine predicament that women often find themselves in.

Women in those circumstances - and I've spoken to many of them - have had to make a choice between staying in their job or leaving a violent relationship. And I have heard stories over and over again about how important the connection between having a job and having that income, how important that was for someone to leave a violent relationship. So, I am appalled by these comments and, quite frankly, shows a complete lack of understanding about the complexities and issues that arise.

We have seen the evidence that family and domestic violence leave is making a real difference to women's lives. It's been used in a sparing way, a responsible way for the time when women need it the most. And if you think about the things that you may have to do to take time off - go and report to the police, to go and find another home, to get counselling, to support you and your safety - then that is what family and domestic leave is all about.

It is a proud Labor legacy, an important part of the safety architecture, and I think, quite frankly, she should be ashamed of herself. JOURNALIST: Minister, just on the court? Would it also play role sort regarding AI in the workplace?

AMANDA RISHWORTH: Look, in terms of its jurisdiction, we obviously are consulting through that. The commission itself, the Fair Work Commission, obviously does a lot of conciliation and arbitration. It does a lot of work.

For example, there is already clauses in the Fair Work Act that looks at how consultation must occur. So, the commission is an important institute that will continue to do its role. The interaction with the court we’ll continue to work through.

But the functions of the commission are there and will continue to work. JOURNALIST: [Indistinct]… business groups have said they have concerns with how this could play out…. [indistinct]… AMANDA RISHWORTH: Look, I have briefed the peak business groups on this. I would hope they will engage, and I'm sure they will engage in the design of this.

I think a lot of small businesses would welcome this because the thought of having to go through the Federal Court or the Federal Circuit Court, waiting a long time, having to perhaps have their matter heard with someone that doesn't have the deep workplace expertise, it would be just as frustrating for small business as it would be workers. So, look, we'll keep working with businesses, but I don't see how this adds a extra level of regulation.

I see this is a more effective and efficient way to ensure that the workplace laws and rights in this country are upheld. JOURNALIST: [Indistinct]… The Fair Work Commission has had this massive load put on it by AI, some unmeritorious claims being put in there - people think they've got a case because ChatGPT has told them so. I guess the first question is, how much pressure will be taken off the existing system by virtue of this?

And what steps will you put in place to ensure this doesn't just make it easier for unmeritorious claims to be shoved into the system? AMANDA RISHWORTH: Well firstly I would say, when it comes to AI generating, for example, claims in the Fair Work Commission, we've actually just passed legislation that it gives more powers to the Fair Work Commission and discretion to actually deal with those unmeritorious claims.

So, the question you ask about how to deal with AI generating claims is a broad question that goes across a lot of jurisdictions. When it comes to the Fair Work Commission, we've already legislated and taken steps. Of course, we'll continue to monitor it - how we make sure that this court- that the commission is able to manage its workload, particularly when it comes to unmeritorious claims by AI.

In terms of the court, I don't expect it would have a role in that unmeritorious claims piece. That is more a question of how we empower the Fair Work Commission to deal with it. In terms of the broader efficiency and effectiveness, having a specialised court that has the workplace expertise, I think, will make things more timely and more efficient, and ensure that justice for workers is delivered more quickly.

JOURNALIST: How many judges [indistinct]… do you think the court will need? AMANDA RISHWORTH: Look, that will be something that we will have to work through and work through the detail on that and consult with the detail, and we’ll work through that detail as we put the design in place. JOURNALIST: Minister, would you be looking at dual appointments to the Fair Work Commission and the court?

AMANDA RISHWORTH: Dual appointments to the Fair Work Commission and the court are unlikely due to constitutional issues. But we will consider dual appointments with other jurisdictions through the consultation process. JOURNALIST: Minister, do you think there'll be a lot of consultation around the makeup of that?

Could a criticism of opponents to this be that you might stack it with union people…? AMANDA RISHWORTH: Look, I think when it comes to courts there is a clear, merit-based process to appoint judges and judicial officers, and I expect no different from this court. JOURNALIST: [Indistinct question]… AMANDA RISHWORTH: Well, I mean, it's not a Fair Work Commission.

They're not commissioners. These are judicial officers. And so, there will be a meritorious process to appoint judicial officers.

JOURNALIST: