Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Fair Work Act 2009, and for related purposes
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Registered 02 Sep 2016
Introduced Senate 31 Aug 2016
Table of contents.

2013‑2014‑2015

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Fair Work Amendment (Gender Pay Gap) Bill 2015

 

No.      , 2015

 

(Senator Waters)

 

 

 

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............ Schedules............................................................................................ 2

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 (Gender Pay Gap) Act 2015.

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.  The whole of the Act

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Note:          This table relates only to the provisions of this Act as originally enacted.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  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                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendments

  

Fair Work Act 2009

1  Paragraph 5(8)(b)

Omit “and high‑income employees”, insert “, high income employees and certain terms that have no effect”.

2  Section 321

After:

Division 3 is about the guarantee of annual earnings that may be given to a national system employee whose earnings exceed the high income threshold. Modern awards do not apply to such an employee.

Insert:

Division 4 is about terms that have no effect.

3  At the end of Part 2‑9

Add:

Division 4Certain terms have no effect

333B  Terms prohibiting disclosure of pay have no effect

                   A term of a modern award, an enterprise agreement or a contract of employment has no effect to the extent that the term:

                     (a)  prohibits an employee from disclosing the amount of, or information about, the employee’s pay or earnings; or

                     (b)  permits, or has the effect of permitting, an employer to take adverse action against an employee if the employee discloses the amount of, or information about, the employee’s pay or earnings.

4  At the end of Schedule 1

Add:

Part 3—Amendments made by the Fair Work Amendment (Gender Pay Gap) Act 2015

13  Definitions

In this Part:

amended Act means this Act as amended by the Fair Work Amendment (Gender Pay Gap) Act 2015.

14  Application of section 333B

Section 333B of the amended Act applies in relation to a modern award, enterprise agreement or a contract of employment that is in operation on or after the day on which this item commences, whether or not the award, agreement or contract was made or entered into before that day.