Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the law in relation to workplace relations, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 22 Nov 2016
Introduced HR 21 Nov 2016
Table of contents.

2016

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Fair Work Amendment (Protecting Christmas) Bill 2016

 

No.      , 2016

 

(Mr Bandt)

 

 

 

A Bill for an Act to amend the law in relation to workplace relations, 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 law in relation to workplace relations, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Fair Work Amendment (Protecting Christmas) Act 2016.

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.  Schedule 1

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Note:          This table relates only to the provisions of this Act as originally enacted.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  At the end of Division 10 of Part 2‑2

Add:

116A  Application of this Division to Christmas Day and New Year’s Day

                   This Division applies in relation to 25 December (Christmas Day) and 1 January (New Year’s Day) as if those days were public holidays, even if another day is substituted for Christmas Day or New Year’s Day as a public holiday, as mentioned in subsection 115(2), (3) and (4).

116B  Rates of pay for work on Christmas Day and New Year’s Day

             (1)  If an employee performs work at his or her employment on 25 December (Christmas Day) or 1 January (New Year’s Day), the employer must pay the employee for that work at the employee’s full rate of pay for a public holiday.

             (2)  Subsection (1) applies even if another day is substituted for Christmas Day or New Year’s Day as a public holiday, as mentioned in subsection 115(2), (3) and (4).