Too little detail and too few safeguards
Critics argued the bill asked Parliament to create the new body before clearly spelling out its remit, structure and checks, so it was hard to judge how independent and accountable it would be in practice.
This bill became law on Nov 9th, 2022.
Education & skills
Australia now has Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. as a federal body to give government advice on labour shortages, training needs, apprenticeships, regional areas, study pathways and barriers facing disadvantaged groups and women.
Australia lacked a statutory bodyAn organisation created by law, so its powers and duties come from the Act rather than just a ministerial decision. that could immediately provide independent advice on labour marketThe market for jobs and workers, including where shortages, vacancies and skills gaps are appearing. and skills needs while the government consulted on a permanent model. The bill creates Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. inside the department so it can start forecasting workforce needs, consulting stakeholders and advising ministers now.
Before this bill, the National Skills CommissionThe earlier skills agency that Jobs and Skills Australia was meant to replace or take over from. was already collecting labour marketThe market for jobs and workers, including where shortages, vacancies and skills gaps are appearing. information, but the Albanese government argued Australia still lacked a statutory bodyAn organisation created by law, so its powers and duties come from the Act rather than just a ministerial decision. that could quickly give independent advice while critical labour and skills shortages were spreading across many parts of the economy. After taking an election commitment into government in 2022, Labor introduced the bill to create Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. inside the department as an immediate advisory body, and Parliament passed it later that year before it received Royal AssentThe final step that turns a passed bill into an Act of Parliament. in November 2022.
The main criticism was that the bill set up Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. without enough detail on its powers, structure and safeguards, raising fears it could be little more than a rebrand of the National Skills CommissionThe earlier skills agency that Jobs and Skills Australia was meant to replace or take over from. and could tilt advice toward unions or public providers. These concerns were raised mainly by Coalition speakers, but their opposition was limited because they ultimately let the bill pass while keeping a watching brief on how the body was implemented.
Brendan O'Connor MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 09 Nov 2022
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
105 days
From introduction to the latest recorded parliamentary step
Meaning
Australia now has Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. as a federal body to give government advice on labour shortages, training needs, apprenticeships, regional areas, study pathways and barriers facing disadvantaged groups and women.
Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. must publish a yearly report on Australia’s current and future skills and training needs, so Parliament and the public get regular updates on what workers and industries will need.
Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. must work with state and territory governments, employers, unions, training providers, universities and other interested groups when doing its job, so its advice is informed by a wider range of voices.
The Minister can direct how Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. carries out its work, but cannot dictate the actual content of its advice, which protects the independence of its findings.
The Minister can add more functions for Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. by making rules, but those rules cannot create offences, impose taxes, grant search powers or rewrite the Act.
(a) to provide advice to the Minister or the Secretary in relation to the following:Jobs and Skills Australia Act 2022 final Act text
(2) Jobs and Skills Australia must, before the end of each calendar year beginning on or after 1 January 2023, prepare and give to the Minister a report on Australia’s current, emerging and future skills and training needs and priorities (including in relation to apprenticeships) during the calendar year.Jobs and Skills Australia Act 2022 final Act text
(c) employers, unions, training providers, universities and other industry stakeholders, and other persons or bodies with an interest in the labour market, workforce skills or workforce training needs.Jobs and Skills Australia Act 2022 final Act text
(2) However, the Minister must not give directions about the content of any advice that may be given by the JSA Director or Jobs and Skills Australia.Jobs and Skills Australia Act 2022 final Act text
(2) To avoid doubt, the rules may not do the following:Jobs and Skills Australia Act 2022 final Act text
Context
Before this bill, the National Skills CommissionThe earlier skills agency that Jobs and Skills Australia was meant to replace or take over from. was already collecting labour marketThe market for jobs and workers, including where shortages, vacancies and skills gaps are appearing. information, but the Albanese government argued Australia still lacked a statutory bodyAn organisation created by law, so its powers and duties come from the Act rather than just a ministerial decision. that could quickly give independent advice while critical labour and skills shortages were spreading across many parts of the economy. After taking an election commitment into government in 2022, Labor introduced the bill to create Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. inside the department as an immediate advisory body, and Parliament passed it later that year before it received Royal AssentThe final step that turns a passed bill into an Act of Parliament. in November 2022.
Labor commits to create Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning.
Speakers said the bill delivered an Albanese government election pledge to replace existing arrangements with a new jobs and skills body.
Hansard ↗Government says critical labour shortages make the bill a priority
In introducing the bill, the minister said skills and labour shortages had become increasingly critical across many sectors and that the new body would help stop them holding back the economy.
Hansard ↗Bill introduced to create Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning.
The government formally introduced the bill to establish Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. as a statutory bodyAn organisation created by law, so its powers and duties come from the Act rather than just a ministerial decision. within the department while a longer-term model was still being developed.
Parliamentary timeline ↗House passes the bill
The House agreed to government amendments and then passed the bill, sending it to the Senate.
Parliamentary timeline ↗Parliament passes the bill
The House agreed to Senate amendments so both chambers had passed the same version of the bill.
Parliamentary timeline ↗Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. becomes law
Royal AssentThe final step that turns a passed bill into an Act of Parliament. turned the bill into an Act, completing the creation of Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. in statute.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (28/07/2022): Senate Education and Employment Legislation Committee; Committee report (08/09/2022)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Committee of the Whole debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill reached this recorded parliamentary step.
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Consideration of Senate message
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill set up Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. without enough detail on its powers, structure and safeguards, raising fears it could be little more than a rebrand of the National Skills CommissionThe earlier skills agency that Jobs and Skills Australia was meant to replace or take over from. and could tilt advice toward unions or public providers. These concerns were raised mainly by Coalition speakers, but their opposition was limited because they ultimately let the bill pass while keeping a watching brief on how the body was implemented.
Criticism was real but mostly conditional, focused on design and implementation rather than the goal of better workforce planning.
Too little detail and too few safeguards
Critics argued the bill asked Parliament to create the new body before clearly spelling out its remit, structure and checks, so it was hard to judge how independent and accountable it would be in practice.
Risk of cosmetic rebranding and stakeholder bias
A broader objection was that the new agency might simply duplicate work already done by the National Skills CommissionThe earlier skills agency that Jobs and Skills Australia was meant to replace or take over from. while giving unions or public training providers too much influence unless business voices were properly heard.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
The APH progress record says 1 Government amendment was agreed without a counted division being collected by this run.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senate
The APH progress record says 4 Opposition amendments were agreed without a counted division being collected by this run.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The APH progress record says 2 Independent amendments were agreed without a counted division being collected by this run.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The parliamentary record also shows 1 Government amendment, 4 Opposition amendments, and 2 Independent amendments agreed without a counted division.
Parliamentary debate
Start here — lead voices
Brendan O'Connor supports the bill and says it will create Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. as an independent body to help address urgent skills shortages, improve workforce planning, and support secure jobs and economic growth.
Read in Hansard ↗Andrew Wallace says the coalition will not back the bill as presented, because Labor has not explained what Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. will actually do and he fears it may just be a rebranding exercise that disrupts an already functioning system.
Read in Hansard ↗McCormack supports the bill, saying it is important for tackling regional labour shortages and creating more job and skills opportunities for Australians.
Read in Hansard ↗Haines supports the bill and says Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. should give government better data and advice on training and workforce needs.
Read in Hansard ↗All speeches by bloc
11 speakers · 12 contributions · 11 support
“This is extremely important legislation. This is an extremely important institution that we are establishing today. It is an overdue reform. It is critical at this point in the economic cycle that this government prioritises significant, meaningful, substantive reform in this area.”Read the full speech in Hansard ↗
“I support these bills, the Jobs and Skills Australia Bill 2022 and the Jobs and Skills Australia (National Skills Commissioner Repeal) Bill 2022. On National TAFE Day, I want to thank the students, teachers and trainers in my electorate, particularly at places like Bundamba TAFE in the south-west. I was there last week talking to apprentices who were training as baristas, chefs, cooks, mechanics and hairdressers. I want to thank them for the work they do. It is so important in my local community.”Read the full speech in Hansard ↗
“This is just the beginning. I could go on about the importance of skills. It's an area which is close not just to my electorate but to many electorates. It's an area where there are lots of answers, but now it's time for action. We do need to get working if we're going to address the skills crisis that we're having in our country. The crisis is a handbrake on our productivity and hurts our recovery from the pandemic. I strongly encourage everybody to support this bill and to reach out to workers and give them hope, to reach out to businesses and give them hope, that we will work with them to solve these issues.”Read the full speech in Hansard ↗
“I absolutely support this bill, and I encourage the House to give it its full support.”Read the full speech in Hansard ↗
“I'm excited by this legislation. It is just the beginning. It is setting up the infrastructure that will ensure a fantastic future for our country, one set by all parties in a true sense of tripartism that means everybody owns it, everybody shared in its development and everyone will want it to succeed. That is how you do inclusive government.”Read the full speech in Hansard ↗
“It's why there is a sense of optimism and hope that the future will be better—that we will be able to provide a better future for our children—because we have a government that is committed to a strategy to make that happen. I commend this bill to the House.”Read the full speech in Hansard ↗
“Ours is a government that will look to prepare Australians for the jobs of the future, to improve the quality of work and to tackle issues of underemployment, casualisation, job insecurity, long-term unemployment and stagnant wages. I certainly welcome these measures and look forward to working with all the relevant ministers and the government and helping contribute to shaping these policy frameworks, because, ultimately, they are to the benefit of the people in my electorate and to the benefit of Australia as a whole. I commend this bill to the House.”Read the full speech in Hansard ↗
“The Albanese government, and the Prime Minister and Treasurer in particular, have shown their ability to bring people together from across our economy and society, and I commend these bills as the first step in addressing our jobs and skills shortage and allowing Australia and all of its people to achieve their full economic potential.”Read the full speech in Hansard ↗
“I commend this Bill to the chamber.”Read the full speech in Hansard ↗
“We need to start as soon as possible. They'll do that capacity study and, once this legislation is passed and Jobs and Skills Australia is created, fund that $1.9 million for the additional resourcing required. It will undertake a transitions analysis and will inform further development of any training products, career pathways and other activities to best prepare us for the future.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Brendan O'Connor on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Brendan O'Connor supports the bill and says it will create Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. as an independent body to help address urgent skills shortages, improve workforce planning, and support secure jobs and economic growth.
“The bill provides the first stage of establishing Jobs and Skills Australia and identifies the initial functions and structure of the organisation. The bill establishes an interim Jobs and Skills Australia director to commence the important work needed now and who will lead Jobs and Skills Australia through its initial establishment and the performance of its initial set of functions. To support its formation, the agency will be situated within the Department of Employment and Workplace Relations.”Read this contribution in Hansard ↗
Second reading speech
O'Connor supports the bill and says Australia urgently needs an independent body to identify skills shortages and forecast demand. He says the new agency should be shaped through consultation with industry, unions, educators and the states so it can start work quickly and reflect the real economy.
“We need to act now. The initial creation of Jobs and Skills Australia will enable the essential work that's needed to find solutions to these skills and workforce challenges to start as soon as practicable. We also need to work in partnership with industry, unions, the education and training sector, and students to ensure we get this right. We will engage widely, including being informed by the Jobs and Skills Summit, before introducing further legislation to establish the permanent Jobs and Skills Australia.”Read this contribution in Hansard ↗
7 speakers · 8 contributions · 5 support · 1 oppose · 1 mixed
“I hope the Jobs and Skills Australia Bill 2022 and the Jobs and Skills Australia (National Skills Commissioner Repeal) Bill 2022, if passed, succeed, because we want those opportunities, particularly for our young people. We want those opportunities for Australians. We want to make more goods here. We want Australia to be the best it can be, and if this legislation helps then that's all well and good.”Read the full speech in Hansard ↗
“I rise to speak on the Jobs and Skills Australia Bill 2022. The coalition understands that this legislation will become law and we will be supporting the bill. However, in my second reading contribution I want to acknowledge the significant deficiencies that have become apparent in the legislation that is being looked at before the Senate.”Read the full speech in Hansard ↗
“As I said earlier, we do have concerns that this legislation is nothing more than a rebranding exercise. We want to make sure that there's more substance and less spin in relation to this. The coalition are intending on supporting this legislation based on the limited information that we've been provided with. The Liberal Party understand the importance of skills to the Australian economy. We understand how transformative skills and training are to the lives and livelihoods of Australians. Certainly that's the very strong feedback that I am getting from employers, providers and students when I make my way around the Redlands.”Read the full speech in Hansard ↗
“They made Jobs and Skills Australia the cornerstone of their election commitments, and yet, to date, we have no idea what this agency will actually do. We have no information about how it will do what it will do, and we have no information about how it will help do whatever it will do. Is this just a rebranding exercise, or is it a complete dismantling of the system which stood us in good stead over the last nine years?”Read the full speech in Hansard ↗
“Although that might have political value for those on this side of the House, we actually do care about the welfare of the businesses of this country and the people that are employed in those businesses. We don't want the government to fail them. But, unfortunately, that attitude—doing things like not inviting restaurants and caterers—is absolutely failing one of the most important sectors in our economy. It's one that really struggled—probably struggled the most, with the tourism sector, of course, more broadly—through the pandemic. So they weren't welcome and their perspective, apparently, is completely irrelevant to a national jobs and skills summit. Well, let's hope that this new entity, which we're rebranding in this bill from the National Skills Commission to Jobs and Skills Australia, can convince the government—whenever they're actually formed with this other piece of legislation that isn't even ready yet to come into this chamber—and change the attitude of the government on things like that.”Read the full speech in Hansard ↗
“While we accept that this bill will pass, I will be keeping my eye on the details that, hopefully, will be released soon. We know just how vital jobs policy is for the strength of our economy, and I really hope this Labor government get it right for once.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Sussan Ley on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Ley says the opposition will not give the government a blank cheque and is sceptical of the bill because it leaves the structure, remit, and safeguards for Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. unclear. She argues the agency may just rebrand the existing National Skills CommissionThe earlier skills agency that Jobs and Skills Australia was meant to replace or take over from. and warns against union dominance or bias toward public providers.
“As a constructive opposition, we will assess proposals on their merits, but we will not be giving the Albanese government a blank cheque on anything, including this bill. Whilst we accept that Jobs and Skills Australia will be established, we are sceptical of the new arrangements given there is still no clarity on either how the organisation will be structured or its full remit and responsibilities.”Read this contribution in Hansard ↗
Second reading speech
Ley says the opposition will let the bill pass, but will keep a watching brief on Jobs and Skills AustraliaThe new federal body created by this Act to advise government on labour shortages, training needs and future workforce planning. because it worries Labor may cut skills funding and waste the foundation the Coalition built.
“Reports that Labor is looking for savings in the skills budget are particularly worrying. That is the exact opposite of what the Australian economy needs right now. We've heard a lot of talk about skills from Labor over the past week, but, as any tradie will tell you, talk is cheap. It's getting the job done that matters. And when it comes to this mob, their form does not fill you with confidence. So whilst we accept that the bill will pass, we will be keeping a watching brief on Jobs and Skills Australia, because we know just how vital skills are for the strength of our economy and we desperately want the Labor government to get this right—for once. I thank the House.”Read this contribution in Hansard ↗
3 speakers · 3 support
“I'm very pleased to have had constructive discussions with the Minister for Skills and Training and his team about this amendment.”Read the full speech in Hansard ↗
“So I do support this bill on the understanding of the need to enact an interim measure with detail on a permanent model to follow.”Read the full speech in Hansard ↗
“I rise to speak today in support of the Jobs and Skills Australia Bill 2022. I support this bill because it will provide a plan and a road map at a time of great challenges, change and opportunity. However, in this context, as I said at the recent Jobs and Skills Summit, I am advocating for direct and achievable actions, particularly when it comes to women in the workforce. At a moment when we have more women in this parliament and indeed on this crossbench than ever before, we must not let this moment slip past with talk and without action. I, for one, will not. Empowering women to work must cut across all legislation, and all policy and legislation forthwith should include a gender impact statement. As I said at the summit, women are done with being secondary. This legislation is highly relevant to this conversation. Jobs and Skills Australia and its commissioner must be laser focused on empowering women to enter the workforce. At a time when we have chronic workforce shortages, there's no better time to finally shift this dial.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the whole: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Message from Senate reported
Message from Senate reported
The bill reached this recorded parliamentary step.
House · Consideration of Senate message
House agreed to Senate amendments
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Education and Employment Legislation Committee; Committee report (08/09/2022)
Referred to committee
Referred to Committee (28 July 2022): Senate Education and Employment Legislation Committee; Committee report (8 Sept 2022)
APH bill page notes