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

2016

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

Fair Work Amendment (Protecting Christmas) Bill 2016

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

Adam Bandt MP


Fair Work Amendment (Protecting Christmas) Bill 2016

 

 

OUTLINE

 

The Bill amends the National Employment Standards within the Fair Work Act to ensure that people who are entitled to receive Public Holiday penalty rates who work on Christmas Day (25 December) and New Year’s Day (1 January) will be paid public holiday penalty rates for working on these days, regardless of whether the State/Territory in which they reside declares these dates as public holidays.

 

FINANCIAL IMPACT

 

The Bill will have no financial impact.

 

NOTES ON CLAUSES

 

Part 1 - Preliminary

 

Clause 1 sets the title of the Act.

 

Clause 2 states that the Act commences on the day when a budget appropriation is made for the operation of the Renew Australia authority.

 

Part 2 - Amendments

 

Clause 3 inserts additional sub-sections at the end of Division 10 of Part 2-2 of the Act:

 

(1)  extends the conditions applying to public holidays set out in the Division to 25 December (Christmas Day) and 1 January (New Year’s Day), even if another day is substituted for Christmas Day or New Year’s Day as a public holiday

 

(2)  requires employers to pay employees their full rate of pay for a public holiday should the employee perform work at their employment on 25 December (Christmas Day) and 1 January (New Year’s Day), even if another day is substituted for Christmas Day or New Year’s Day as a public holiday

 


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Fair Work Amendment (Protecting Christmas) Bill 2016

 

This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the bill

 

The Bill amends the National Employment Standards within the Fair Work Act to ensure that people who are entitled to receive Public Holiday penalty rates who work on Christmas Day (25 December) and New Year’s Day (1 January) will be paid public holiday penalty rates for working on these days, regardless of whether the State/Territory in which they reside declares these dates as public holidays.

 

Human rights implications

 

This bill does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This bill is compatible with human rights because it does not raise any human rights issues.

 

 

Adam Bandt MP