PRIVATE MEMBERS' BUSINESS

Dr GARLAND (Chisholm) (11:48): I think quoting one of the architects of the disastrous Work Choices legislation tells us everything we need to know about how little those opposite care about working people and justice in their workplaces. I'm really pleased to rise and speak on this important business before the House and I really want to thank the member for Holt for bringing it to the attention of the House today.

Like the member for Holt and all of those on this side of the House, I understand the importance of the Prime Minister's announcement that the government will establish a new Fair Work court in enabling access to justice. A Fair Work court is going to provide simpler, fairer and faster justice for working Australians. This is important because we know that a fair workplace relations system relies on workers and employers being able to resolve disputes quickly and fairly.

The current court system for workers and employers can be costly, it can be complex to navigate and it can be too slow to respond to the needs of modern workplaces. We know that fair and timely dispute resolution is important for vulnerable workers, many of whom lack the resources to pursue justice through lengthy proceedings. And, currently, we know that some workers and small businesses are spending more than two years fighting for a resolution that really should be simple.

I'm reminded about some of these recent situations that some Australian workers find themselves in when it comes to seeking justice for work related matters. For example, a retail worker in a small cafe was fired in March after a worker's compensation claim, with the first court date not available until 4 August. It will then take more than 12 months just to get a mediation date—and this was already after having matters dealt with in the Fair Work Commission.

We've seen an electrician who was sacked unlawfully for raising safety concerns, among other issues, and it took more than 2½ years to get a court order for compensation, which unfortunately caused significant financial hardship. A fair workplace relations system relies on workers and employers being able to resolve disputes quickly and fairly. And, unfortunately, based on these stories and on what we see in the system, we know the current court system can be too expensive, can be too complicated and, as we can see, can be too slow to respond to the needs of workers and employees.

I would hope we can all agree that workers shouldn't be in a situation where their case will cost more than their claim is worth. So, as announced by the Labor government, the Fair Work Court will support faster and more effective resolution of workplace disputes, working seamlessly with the Fair Work Commission, and thus ensuring that this sort of situation doesn't happen.

This will also respond to stakeholder concerns that the existing system is not functioning as well as it could be and not meeting the needs of modern workplaces. Cases that can't be resolved or dealt with by the Fair Work Commission in the current system must go through the Federal Court system. But having a single federal jurisdiction with a pathway for workplace dispute resolution under the Fair Work Act will streamline dispute resolution pathways.

It will also draw on the expertise of specialist judges to ensure that the legal system is accessible and user focused for workers and businesses. This is a really important point. It is important that we recognise that expertise of judges working in this particular area of law.

This will better support, as an independent jurisdiction, the resolution of workplace issues. This means the system will be more efficient; it will resolve disputes as quickly and fairly as possible, reducing the burden on all parties involved. The number of judges will depend on a range of matters, such as jurisdiction, and this is all subject to consultation at the moment.

There will be public consultation focusing on key features, such as jurisdiction, transitional arrangements and opportunities to enhance support for parties progressing matters through the workplace relations system. And, of course, there will be a merit based approach to appoint judges. It was the Howard government that abolished the last industrial relations court in 1997.

On this side of the House, we do believe there needs to be a fit-for-purpose court to hear workplace disputes, and that is why we're putting the Fair Work Court forward, ensuring that workers have simpler, fairer and faster justice available to them. I thank the member for Holt, once again, for bringing this before the House.