2010‑2011‑2012‑2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work Amendment (Arbitration) Bill 2013
No. , 2013
(Mr Katter)
A Bill for an Act to amend the Fair Work Act 2009, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments 3
Fair Work Act 2009 3
A Bill for an Act to amend the Fair Work Act 2009, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Fair Work Amendment (Arbitration) Act 2013.
2 Commencement
This Act commences on the day this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Fair Work Act 2009
1 Subsection 217A(3)
Repeal the subsection.
2 Subsection 240(4)
Repeal the subsection.
3 Subsection 246(2) (note)
Repeal the note.
4 After subsection 246(2)
Insert:
(2A) However, subsection (2) does not authorise FWA to arbitrate other than in relation to an actual dispute.
5 Section 255
Repeal the section.
6 Subsection 505(2)
Omit “by arbitration, including”.
7 Subsection 526(2)
Repeal the subsection.
8 Subsections 595(2) and (3)
Repeal the subsections, substitute:
(2) FWA may deal with a dispute as it considers appropriate, including in the following ways:
(a) by arbitration (including by making any orders it considers appropriate);
(b) by mediation or conciliation;
(c) by making a recommendation or expressing an opinion.
(3) FWA must, on application by a party to a dispute, deal with the dispute by arbitration if the dispute has been ongoing for a period of at least 3 months.
9 Subsection 739(4)
Repeal the subsection.
10 Subsection 739(5)
Omit “Despite subsection (4),”.