Queensland Productivity Commission Bill 2024 - Update

The Queensland Government continues to press for the establishment of the Queensland Productivity Commission (Commission) an independent statutory body.

?The Commission is to:?

• undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister?
• undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister or on its own initiative
• administer, monitor, and review regulatory matters as directed by the Minister, and?
• provide advice to the Minister as requested.

It's widely reported that the first business of the new Commission anticipated to commence in March or April will be to commence an inquiry into the productivity of the building and civil construction industry in Queensland.? Our Dean Cameron from Workforce Advisory Lawyers submitted and presented at the public committee hearings. Stakeholders expressed the need for confidentiality in submissions and the difficulties of gathering submissions. The below extract from the report reinforces our view of a need for a standing inquisitorial system with real powers to gather information, expose productivity issues and resolve them.

Power to require information:

Workforce Advisory Lawyers, a firm concerned with the construction industry, submitted that the Commission may need powers beyond simply requiring information during research and

inquiries, and should instead be constituted as a standing inquisitorial system, akin to a coroner. This could include powers to enter, inspect, and conduct an interview, and powers to require persons to answer questions at a hearing or conference. Workforce Advisory Lawyers submitted that ‘without significant powers to investigate the Commission may have limited knowledge of the issues involved’.

This would require the government to expand on the current powers and scope of the Commission.

Individuals and industry associations will volunteer submissions, however without significant anomality, investigation, and compulsory powers the Commission may have a limited view.? Compulsory powers do assist the Commission in gathering information that may be in contrast to an organisation's or individual’s contractual, commercial, industrial, or personal interest for the public benefit.? For example, an individual may seek to provide information to the Commission but be unable to obtain consent from their employer or client.? Within the construction industry, the Commission's first target, there would always be a significant industrial risk in providing submissions to the Commission.

We are writing to the Government to encourage and support construction industry participants to provide in-camera statements and anonymised statements about industry practices that impact productivity.? The Commission will provide some daylight on productivity issues without the cost of another royal commission will require more than asking for submissions.

For more information please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 0417 622 178, 1300 WAL LAW or via email to [email protected]

Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability is limited by a scheme approved under professional standards legislation.