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 (Bargaining Processes) 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 |
| Provisions | 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. Schedules 1 and 2 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
Note: This table relates only to the provisions of this Act as originally enacted.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 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 After subsection 187(1)
Insert:
Requirement that productivity improvements be discussed during bargaining
(1A) If the agreement is not a greenfields agreement, the FWC must be satisfied that, during bargaining for the agreement, improvements to productivity at the workplace were discussed.
2 Subsection 443(1)
After “must”, insert “only”.
3 After subsection 443(1)
Insert:
(1A) For the purposes of paragraph (1)(b), the FWC must have regard to all relevant circumstances, including the following matters:
(a) the steps taken by each applicant to try to reach an agreement;
(b) the extent to which each applicant has communicated its claims in relation to the agreement;
(c) whether each applicant has provided a considered response to proposals made by the employer;
(d) the extent to which bargaining for the agreement has progressed.
4 Subsection 443(2)
Repeal the subsection, substitute:
(2) Despite subsection (1), the FWC must not make a protected action ballot order in relation to a proposed enterprise agreement if it is satisfied that a claim of an applicant or, when taken as a whole, the claims of an applicant:
(a) are manifestly excessive, having regard to the conditions at the workplace and the industry in which the employer operates; or
(b) would have a significant adverse impact on productivity at the workplace.
Schedule 2—Application and transitional provisions
Fair Work Act 2009
1 At the end of the Act
Add:
Schedule 6—Amendments made by the Fair Work Amendment (Bargaining Processes) Act 2014
Note: See section 795A.
1 Definitions
In this Schedule:
amending Act means the Fair Work Amendment (Bargaining Processes) Act 2014.
2 Item 1 of Schedule 1 to the amending Act
The amendment made by item 1 of Schedule 1 to the amending Act applies in relation to an enterprise agreement that is made after the day this item commences.
3 Items 2 to 4 of Schedule 1 to the amending Act
The amendments made by items 2 to 4 of Schedule 1 to the amending Act apply in relation to an application for a protected action ballot order that is made after the day this item commences.