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Department of Defence – Hearing Date: 24 October 2018; Due Date for Answers: 7 December 2018

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Department of Defence – Hearing Date: 24 October 2018; Due Date for Answers: 7 December 2018 Department of Defence – Hearing date: 24 October 2018; Due date for answers: 7 December 2018 Proof Portfolio Written Hansard QNo Senator BroadTopic QuestionText Hansard Page 1. During a hearing of the Senate Economics References Committee’s Inquiry into the Future of Naval Shipbuilding on 7 June 2018, I asked Ms Lisa Paul what specialist skills or specialist requirements of shipbuilding would be addressed by the new Naval Shipbuilding IRC or the Naval Shipbuilding College that are not covered by any one of four existing industry reference bodies. Ms Paul’s answer was that it was “a question worth asking the College”. She went on to say, in relation to specific skills gaps, that “the evidence from our shipbuilding colleagues on the board would be that there may be gaps in some areas, both in vocational education and in higher education.” In response to a question about skills not covered by the work of the existing IRCs, Ms Paul responded: “One of the things that actually impressed me a lot about the set-up of the college is the way that they are going about doing their gap analysis. I have not so much been concerned that the existing governance in vocational education and training can cope with it; I've been concerned that someone do a gap analysis to make sure that all the trades and all the higher education areas will be covered. I'm not so interested, as long as someone's doing it. The thing that I've been concerned about with the college is whether there is going to be a good gap analysis done of what exists. And yes, there is.” Have the gaps in skills to which Ms Paul referred -- those not addressed by the existing Industry Reference Committees specifically established by the Commonwealth for that purpose -- been identified? (See paragraph above “At Previous Estimates”) Has the gap analysis to which Ms Paul referred been published? Have the details of the gap analysis been referred to the four existing Industry Reference Committees charged with the development of Training Package content for inclusion in the relevant Training Packages? Naval Shipbuilding For example, has what Ms Paul referred to as “specialty fabrication” gap in her answers 1 Kim Carr College on 7 June been referred to the Manufacturing & Engineering IRC for action? Written Naval Shipbuilding Along the same lines, what specific communication processes are in place to ensure 2 Kim Carr College – there is no duplication, fragmentation of effort, or issues falling between the cracks Written Development of between the Naval Shipbuilding College, the Naval Shipbuilding IRC and the existing Competency Units IRC’s? Is it intended that the Naval Shipbuilding College will involve itself directly in the development of units of competency and qualifications? If the answer to Q6 is no, why does the college website refer to: Develop(ing) the criteria for the skills and qualifications relevant to Australia’s shipbuilders and the supporting supply chain, against which potential workforce candidates are assessed. Develop(ing) standards for shipbuilding education and training courses provided by our education partners across the country.” At previous Estimates In Senate Estimates on 29 May, Defence advised (p169 of transcript) that “Broadspectrum are expected, consistent with the standard Commonwealth requirements, to comply with the Fair Work Act and the government’s Fair Work principles”. On 4 July, Commissioner McKinnon of the Fair Work Commission recommended that Broadspectrum and the AMWU “recommence bargaining for an enterprise agreement to replace the [current Land Material Maintenance] Agreement. Assuming the AMWU maintains its claim for a broader scope in that agreement, I recommend that it particularise that claim as a matter of priority and that a notice of employee representational rights be issued to employees within the broader scope sought by the AMWU”. Is the department aware of Commissioner McKinnon’s recommendation on 4 July, cited above? Is the department aware that the AMWU has twice written to Broadspectrum particularising its claim on scope? Did Broadspectrum, through its actions, accept the recommendation of Commissioner McKinnon, such that negotiations resumed (noting that those negotiations had Broadspectrum originally commenced on 1 June 2016)? 6 Kim Carr contract If not, how does this sit with the government’s Fair Work Principles? Written Judge Advocate The annual report of the JAG (Rear Admiral the Hon Justice Michael Slattery) for 2017 General Report - raises a number of concerns with the operation of the Defence Force Discipline Act 7 Eric Abetz 2017 1982 (DFDA). The JAG advises that the DFDA increasingly faces a risk of procedural Written obsolescence and suggests priority areas for reform to address what are described as procedural defects. The Director of Military Prosecutions has also raised concerns about some areas of the DFDA in her last two annual reports. At these Supplementary Budget Estimates hearings a year ago, the then Acting CDF, Vice Admiral Griggs, advised the committee that there was a significant review of the military justice system underway with the Military Justice Coordination Committee looking at a range of issues, including potential amendments to the DFDA. What is Defence’s response to the comments by the JAG about the operation of the DFDA in his most recent annual report? The annual report of the JAG (Rear Admiral the Hon Justice Michael Slattery) for 2017 raises a number of concerns with the operation of the Defence Force Discipline Act 1982 (DFDA). The JAG advises that the DFDA increasingly faces a risk of procedural obsolescence and suggests priority areas for reform to address what are described as procedural defects. The Director of Military Prosecutions has also raised concerns about some areas of the DFDA in her last two annual reports. At these Supplementary Budget Estimates hearings a year ago, the then Acting CDF, Vice Admiral Griggs, advised the committee that there was a significant review of the military justice system underway with the Military Justice Coordination Committee looking at a range of issues, including potential amendments to the DFDA. Military Justice Can you provide an update on the progress of military justice review underway, and will 8 Eric Abetz Review it address the issues raised by the JAG in the annual report? Written 1. In the past 24 months, how many Security Clearances have been renewed or issued to individuals who were neither engaged nor intended to be engaged as employees David AGSVA Clearances under Section 22 of the Public Service Act, excluding serving ADF members? 9 Smith Issued 2. Please provide the sponsoring agency and the number issued per agency. Written 1. Over the past 24 months, how many individuals have been carrying out duties within your agency who were not engaged as employees under Section 22 of the Public Service Act? Breakdown of 2. Please provide a breakdown showing categories of duties e.g policy, ICT, program David Contracted delivery. 10 Smith workforce 3. How many of these individuals have been providing services to the Department for Written greater than 12 months? 4. What was the reason for not employing these individuals under Section 22 of the Public Service Act? Senator WONG: I will start with the public reports about the agreement or the arrangement between Australia and Fiji regarding the Blackrock Camp in Nadi. I want to get some sense of the process leading up to and resulting in that decision and then I'd like to understand the arrangement for the execution of that understanding…. Mr Jeffrey: The issue of Blackrock Camp has been a longstanding ambition of the Fiji government. Senator WONG: Sorry; a longstanding? Mr Jeffrey: Ambition to develop the Blackrock facility. We had been in discussions with Fiji in a bilateral context in terms of developing that facility. We had engaged in some initial planning over the period of the last two years or so. I'll need to get the precise dates for you. As a result of those discussions and the invitation from the Fiji government for Australia to help construct the facility and work with them on building the facility, the decision was taken, as Mr Hamilton outlined. Senator WONG: When did the invitation occur, as opposed to— Mr Jeffrey: I'll have to take that on notice— Senator WONG: Approximately? Mr Jeffrey: in terms of when there was a specific invitation. Senator WONG: I'm sorry, I was referencing what you said, Mr Jeffrey. Mr Jeffrey: In the sense that this had been an issue of how we would work together on Blackrock, it's been an issue where we've discussed it on a number of occasions. As you could appreciate, we speak to our Fijian counterparts all the time. So the discussions on how we develop the facility have been going on for quite a while. Senator WONG: All of which I accept. You just said that there was an invitation to engage in the way we have determined to do so. That is a good thing. I'm not criticising it; I'm just trying to get a sense of when that occurred. Do you need to take that on Penny notice? 11 Wong Fiji: Blackrock Facility Mr Jeffrey: Sure. I'll take that on notice. Hansard 5 Senator WONG: In the context of the scoping study. I always have an issue with the Penny Lombrum Naval Base phrase 'we are in constant contact' because it's actually not possible to be in constant 13 Wong redevelopment contact. Leaving that aside, I understand what people are saying—ongoing and regular Hansard 12 et cetera. I'm not asking about that. I'm actually asking about the work phase associated with scoping the potential redevelopment.
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