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 19 Jun 2017
Introduced HR 19 Jun 2017
Table of contents.

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Fair Work Amendment (Protecting Take Home Pay of All Workers) Bill 2017

 

No.      , 2017

 

(Mr Christensen)

 

 

 

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 Take Home Pay of All Workers) 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.  The whole of this 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Note:          This table relates only to the provisions of this Act as originally enacted.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  At the end of Division 2 of Part 2‑3

Add:

135A  Protecting  penalty rates

             (1)  A penalty rate in a modern award cannot be varied to make the penalty rate lower than that in force under the award on 30 June 2017.

             (2)  A determination of the FWC made on or after 22 February 2017 that would reduce a penalty rate in a modern award so that the penalty rate would be lower than that in force under the award on 30 June 2017 has no effect.

2  At the end of section 193

Add:

Effect of removing or reducing penalty rates—award covered employees

             (8)  Despite anything else in this section, an enterprise agreement that is not a greenfields agreement does not pass the better off overall test under this section if:

                     (a)  a penalty rate under the relevant modern award for an award covered employee, or a prospective award covered employee, is removed or reduced under the agreement; and

                     (b)  because the employee usually works, or will usually work, on a day in relation to which a penalty rate is payable under the relevant modern award, the removal or reduction in the penalty rate disproportionately affects the employee as compared with employees who do not usually work on that day.

Effect of removing or reducing penalty rates—prospective award covered employees

             (9)  Despite anything else in this section, a greenfields agreement does not pass the better off overall test under this section if:

                     (a)  a penalty rate under the relevant modern award for a prospective award covered employee is removed or reduced under the agreement; and

                     (b)  because the employee will usually work on a day in relation to which a penalty rate is payable under the relevant modern award, the removal or reduction in the penalty rate will disproportionately affect the employee as compared with employees who will not usually work on that day.

3  Application of item 2

The amendment made by item 2 of this Schedule applies in relation to enterprise agreements made on or after the commencement of the item.