Members of Parliament (Staff) Amendment Bill 2023

10/08/23 BILLS - Members of Parliament (Staff) Amendment Bill 2023 - Second Reading

The Members of Parliament (Staff) Amendment Bill 2023 will amend the Members of Parliament (Staff) Act 1984 (MOPS Act) to modernise, improve transparency, and clarify the employment framework for parliamentarians and their staff.

The bill will implement recommendations of the review of the MOPS Act which was delivered by the Department of the Prime Minister and Cabinet in October last year. Measures in this bill will also contribute to the cultural change in Commonwealth parliamentary workplaces envisaged in the Australian Human Rights Commission in the Set the standard report on Commonwealth parliamentary workplaces.

The MOPS Act establishes a framework for parliamentarians and office holders to employ people on behalf of the Commonwealth. The act has been in effect for 39 years. The Australian employment law landscape has evolved considerably in this time. Until now, the MOPS Act has not been substantially amended to keep pace with these changes.

The Set the standard report recommended a comprehensive review of the operation and effectiveness of the MOPS Act to ensure consistency with modern employment frameworks.

The review resulted in 15 recommendations, which were agreed in principle by the government and supported by the opposition. This bill would implement 11 of those 15 recommendations. The remaining recommendations will be implemented by the proposed new statutory Parliamentary Workplace Support Service to be established by the Parliamentary Workplace Support Service Bill 2023.

The measures introduced in the MOP(S) Amendment Bill are intended to ensure that the employment framework for MOP(S) Act staff is fit for purpose, reflects contemporary employment settings, and supports a safe and respectful working environment.

The bill clarifies the roles and responsibilities of parliamentarians, office holders, and employees, including their obligations under other workplace laws.

The bill introduces employment principles to set expectations about the workplace for parliamentarians and their staff. The principles articulate the desired organisational culture in the workplace and will be an important touchstone for parliamentarians, staff and the new Parliamentary Workplace Support Service when formulating policies.

The bill will also enhance transparency of employment arrangements with a new requirement that the determination of terms and conditions for employment under the act are made publicly available on the Federal Register of Legislation unless they identify individuals.

The bill includes requirements intended to guide decision-making by parliamentarians about employment matters, and to support fair outcomes and processes when making significant employment decisions.

Parliamentarians would be required to recruit employees based on their assessment of a candidate's capability to perform a specified role. This requirement reflects the value of establishing clear expectations at the start of employment and that can be met, while preserving the parliamentarian's ability to specify the role and skill requirements. It is anticipated the PWSS will provide guidance and support to parliamentarians to fulfil this new obligation.

Parliamentarians would also be required to consult with the new PWSS prior to making a decision to terminate the employment of a staff member or suspend a staff member without pay. This measure will support parliamentarians to meet their legal obligations when making those decisions.

A new provision for temporary suspension of employment will offer an alternative to termination of employment. It would be another mechanism to address risks in the workplace.

The bill would also enable the PWSS, with the agreement of an employing parliamentarian, to suspend a MOP employee in limited, specific circumstances.

The bill also allows the new PWSS to take action to address other gaps in the employment framework, including the power to exercise limited employer functions in cases where there is no employing parliamentarian.

Some proposed amendments will streamline the MOP(S) Act, including by reflecting categories of employment used in practice, and removing obsolete provisions in the act.

Proposed amendments to the act's automatic termination provisions clarify the intended operation of these provisions, and will increase job security for electorate staff of parliamentarians who occupy particular offices such as ministers and party leaders.

As recommended by the MOP(S) Act review the bill also provides for a further review within five years of the amendments commencing.

The amendments made by this bill are the product of extensive consultation with parliamentarians and staff across parliament, including through the Parliamentary Leadership Taskforce, its Staff Consultation Group and union representatives.

Since the amendments implement recommendations of the MOP(S) Act review, they are also informed by the contributions of current and former MOP(S) Act employees, parliamentarians, academics, unions, parliamentary departments, Commonwealth government agencies, and state and international jurisdictions consulted during the course of the MOP(S) Act review.

The government thanks every person who has engaged with the development of this legislative reform. Through collaborative effort to implement the review's recommendations we can deliver safer and more respectful parliamentary workplaces.

The government believes the changes in this bill will underline the responsibilities and obligations of members of parliament as the employer. This bill is an important part of the reforms the government is progressing to support a professional employment framework for staff of parliamentarians.

I commend the bill to the House.