Senate Education and Employment Legislation Committee (part 3 of 3)
2 June 2026
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Senate Education and Employment Committee Australian Parliament
00:00 - 00:13
Speaker 19
Topic, and that is the framework... Legal framework within which we operate, and our job is to assess whether or not that framework has been breached. But, perhaps miss Nelsky will elaborate again for you.
00:15 - 01:19
Speaker 50
Senator, I can't, talk to all of those, outcomes of those investigations, but thematically, a lot of those historical complaints also... We took the approach of, assessing the situation where the agreement might apply, but... Which was our view. But, also, in the event that the agreement didn't apply, we also looked at the situation, if the underlying award might be relevant. And in that case, as we've spoken about in previous estimate hearings, it's not necessarily the case that, the the legal consequences can be unclear as to whether or not that particular employee might have received an underpayment under the award anyway.
That's because, as you know, the black coal mining award doesn't provide for casual employees in operational roles.
01:21 - 01:41
Speaker 6
There are a number of things there I'm gonna come back to. Mhmm. In relation to the actual comparing of paid rates, one assessment I've seen by the Fair Work Ombudsman compares full time rates under the award with casual rates under the enterprise agreement. The data provided by the Fair Work Ombudsman quotes the following rates and labels. Contract rate per hour, $46.50.
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