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
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Registered 30 Mar 2017
Introduced Senate 29 Mar 2017
Table of contents.

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Fair Work Amendment (Pay Protection) Bill 2017

 

No.      , 2017

 

(Senator Rhiannon)

 

 

 

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—Amendment of the Fair Work Act 2009                                     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 (Pay Protection) Act 2017.

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Note:          This table relates only to the provisions of this Act as originally enacted.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                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendment of the Fair Work Act 2009

  

Fair Work Act 2009

1  Subsection 16(3) (note)

Omit “base rate of pay”, substitute “rate of pay”.

2  At the end of section 18

Add:

             (3)  The regulations may prescribe, or provide for the determination of, the full rate of pay, for the purpose of section 206, of an employee who is a pieceworker. If the regulations do so, the employee’s full rate of pay, for the purpose of that section, is as prescribed by, or determined in accordance with, the regulations.

Note:          Section 206 deals with an employee’s rate of pay under an enterprise agreement.

3  Section 169 (paragraph relating to Division 6)

Omit “base”.

4  Division 6 of Part 2‑4 (heading)

Repeal the heading, substitute:

Division 6Rates of pay under enterprise agreements

5  Section 206 (heading)

Repeal the heading, substitute:

206  Rates of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc.

6  Subsection 206(1)

Omit “the base rate of pay” (wherever occurring), substitute “the full rate of pay”.

7  Subsections 206(3) and (4)

Repeal the subsections, substitute:

If an employer is required to pay an employee the national minimum wage etc.

             (3)  If:

                     (a)  an enterprise agreement applies to an employee; and

                     (b)  the employee is not covered by a modern award that is in operation; and

                     (c)  a national minimum wage order would, but for the agreement applying to the employee, require the employee’s employer to pay the employee:

                              (i)  a base rate of pay that at least equals the national minimum wage; or

                             (ii)  a base rate of pay that at least equals the special national minimum wage; or

                            (iii)  a casual loading that at least equals the casual loading for award/agreement free employees (as applied to the employee’s base rate of pay);

the base rate of pay and any casual loading payable to the employee under the enterprise agreement (the agreement rate) must not be less than the employee’s base rate of pay and any casual loading that the employer would be required to pay the employee under the national minimum wage order.

             (4)  If the agreement rate is less than the base rate of pay and any casual loading that the employer would be required to pay the employee under the national minimum wage order (the required rate/loading), the agreement has effect in relation to the employee as if the agreement rate were equal to the required rate/loading.

8  Section 282

Omit:

(b)   for an employee who is not covered by a modern award and to whom an enterprise agreement applies, the employee’s base rate of pay under the agreement must not be less than the relevant national minimum wage or special national minimum wage (see subsection 206(3) (in Part 2‑4)).

substitute:

(b)   for an employee who is not covered by a modern award and to whom an enterprise agreement applies, the employee’s base rate of pay and any casual loading under the agreement must not be less than the relevant national minimum wage, special national minimum wage or casual loading (see subsection 206(3) (in Part 2‑4)).

9  Section 282

Omit:

For an employee who is covered by a modern award and to whom an enterprise agreement applies, the employee’s base rate of pay under the agreement must not be less than the base rate of pay that would have been payable to the employee if the award applied (see subsection 206(1) (in Part 2‑4)).

substitute:

For an employee who is covered by a modern award and to whom an enterprise agreement applies, the employee’s full rate of pay under the agreement must not be less than the full rate of pay that would have been payable to the employee if the award applied (see subsection 206(1) (in Part 2‑4)).

10  In the appropriate position in Schedule 1

Insert:

Part 6Amendments made by the Fair Work Amendment (Pay Protection) Act 2017

  

30  Application of amendments to enterprise agreements

             (1)  The amendments made by Schedule 1 to the Fair Work Amendment (Pay Protection) Act 2017 apply to enterprise agreements, whether made before, on or after the commencement of that Schedule.

             (2)  However, the amendments made by that Schedule also have the effect they would have if they were, by express provision, confined to enterprise agreements made on or after the commencement of that Schedule.

Note:          If the amendments are confined to enterprise agreements made on or after the commencement of that Schedule, the law as in force before that commencement will continue to apply to enterprise agreements made before that commencement.