A Bill for an Act to amend the Social Security Act 1991 and the Fair Work Act 2009, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Social Security and Other Legislation Amendment (Caring for Single Parents) Act 2014.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1 | The day after the end of the period of 3 months beginning on the day this Act receives the Royal Assent. | |
| 3. Schedule 2 | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Newstart amendments
Social Security Act 1991
1 Paragraph 500D(2)(c)
Repeal the paragraph.
2 Section 500D (note)
After “Note”, insert “1”.
3 At the end of section 500D
Add:
Note 2: The child referred to in subsection (2) must not have turned 16: see paragraph 5(15)(b).
4 Subparagraph 1061PJ(2A)(b)(iii)
Omit “8”, substitute “16”.
5 Paragraph 1061ZDA(1)(b)
Omit “8”, substitute “16”.
Social Security (Administration) Act 1999
6 Section 242
Before “Payments”, insert “(1)”.
7 At the end of section 242
Add:
(2) Payments for the purposes of the 1991 Act, to the extent it was amended by the Social Security and Other Legislation Amendment (Caring for Single Parents) Act 2014, are to be made out of money appropriated by the Parliament for the purpose of making the payments.
Schedule 2—Work/life balance amendments
Fair Work Act 2009
1 Paragraph 5(8)(a)
Omit “or an equal remuneration order (see Part 2‑7)”, substitute “, an equal remuneration order (see Part 2‑7) or a flexible working arrangements order (see Part 2‑7A)”.
2 Section 12
Insert:
flexible working arrangements order: see subsection 306E(1).
3 Subparagraph 43(2)(a)(ii)
Omit “and”, substitute “or”.
4 At the end of paragraph 43(2)(a)
Add:
(iii) a flexible working arrangements order (see Part 2‑7A); and
5 Subsection 44(2)
Omit “65(5) or”.
6 Subsection 44(2) (note 1)
Repeal the note, substitute:
Note 1: Subsection 76(4) states that an employer may refuse an application to extend unpaid parental leave only on reasonable business grounds.
7 Subsection 44(2) (note 2)
Omit “65(5) or”.
8 Division 4 of Part 2‑2
Repeal the Division.
9 Section 146 (note)
Omit “65(5) or”.
10 After paragraph 172(1)(c)
Insert:
(ca) matters pertaining to flexible working arrangements;
11 Subsection 186(6) (notes 1 and 2)
Omit “65(5) or”.
12 After Part 2‑7
Insert:
Part 2‑7A—Flexible working arrangements
Division 1—Introduction
306A Guide to this Part
This Part provides processes for changing working arrangements.
Division 1 deals with preliminary matters.
Division 2 deals with requests for flexible working arrangements for employees who are carers.
Division 3 provides for the making of flexible working arrangements orders by FWA to ensure that employers comply with this Part.
306B Meanings of employee and employer
In this Part, employee means a national system employee, and employer means a national system employer.
306C State and Territory laws that are not excluded
(1) This Act is not intended to apply to the exclusion of laws of a State or Territory that provide employee entitlements in relation to flexible working arrangements, to the extent that those entitlements are more beneficial to employees than the entitlements under this Part.
(2) However, a law of a State or Territory has no effect in relation to an employee to the extent that it provides an employee entitlement in relation to flexible working arrangements that is inconsistent with a term of an enterprise agreement that applies to the employee.
Division 2—Requests for flexible working arrangements
306D Requests for flexible working arrangements—carers
Request for change for employee who is a carer
(1) An employee who has responsibility for the care of another person, or an employee organisation that is entitled to represent the employee, may request the employer to change the employee’s working arrangements to assist the employee to care for the other person.
Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work.
(2) Neither the employee, nor the organisation, is entitled to make the request unless:
(a) for an employee other than a casual employee—the employee has completed at least 12 months of continuous service with the employer immediately before making the request; or
(b) for a casual employee—the employee:
(i) is a long term casual employee of the employer immediately before making the request; and
(ii) has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.
Formal requirements
(3) The request must:
(a) be in writing; and
(b) set out details of the change sought and of the reasons for the change.
Responding to the request
(4) The employer must give the employee, or the employee organisation (as the case requires), a written response to the request within 21 days, stating whether the employer grants or refuses the request.
(5) The employer may refuse the request only on serious countervailing business grounds.
(6) If the employer refuses the request, the written response under subsection (4) must include details of the reasons for the refusal.
Division 3—Flexible working arrangements orders
306E FWA may make flexible working arrangements order
Power to make flexible working arrangements order
(1) FWA may make any order (the flexible working arrangements order) it considers appropriate to ensure that an employer complies with section 306D.
Who may apply for flexible working arrangements order
(2) FWA may make a flexible working arrangements order only on application by any of the following:
(a) an employee or organisation whose request under subsection 306D(1) for a change in working arrangements has been refused;
(b) an employee organisation that is entitled to represent an employee covered by paragraph (a);
(c) the Age Discrimination Commissioner, the Disability Discrimination Commissioner or the Sex Discrimination Commissioner.
306F Implementation of flexible working arrangements in stages
A flexible working arrangements order may implement changed working arrangements in such stages (as provided in the order) as FWA thinks appropriate.
306G Contravening a working arrangements order
An employer must not contravene a term of a flexible working arrangements order.
Note: This section is a civil remedy provision (see Part 4‑1).
306H Inconsistency with modern awards and enterprise agreements
(1) A term of a modern award has no effect in relation to an employee to the extent that it is less beneficial to the employee than a term of a flexible working arrangements order that applies to the employee.
(2) A term of a flexible working arrangements order has no effect in relation to an employee to the extent that it is inconsistent with a term of an enterprise agreement that applies to the employee.
13 Subsection 539(2) (after table item 9)
Insert:
| Part 2‑7A—Flexible working arrangements |
| 9A | 306G | (a) a person to whom a flexible working arrangements order relates; (b) an organisation entitled to represent a person to whom a flexible working arrangements order relates | (a) the Federal Court; (b) the Federal Circuit Court; (c) an eligible State or Territory court | 60 penalty units |
14 Subsection 545(1) (note 4)
Omit “65(5),”.
15 After paragraph 557(2)(f)
Insert:
(fa) section 306G (which deals with contraventions of flexible working arrangements orders);
16 After paragraph 576(1)(f)
Insert:
(fa) flexible working arrangements (Part 2‑7A);
17 Paragraph 653(1)(c)
Repeal the paragraph, substitute:
(c) conduct research into the operation of the provisions of the National Employment Standards relating to requests for extensions of unpaid parental leave under subsection 76(1); and
(ca) conduct research into the operation of Part 2‑7A in relation to requests for changed working arrangements; and
18 After paragraph 675(2)(e)
Insert:
(ea) a flexible working arrangements order;
19 At the end of subsection 716(1)
Add:
; (g) a term of a flexible working arrangements order.
20 Subsection 739(2)
Omit “65(5) or”.
21 Subsection 739(2) (note)
Omit “65(5) or”.
22 Subsection 740(2)
Omit “65(5) or”.
23 Subsection 740(2) (note)
Omit “65(5) or”.