Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Fair Work Act 2009, 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 11 Sep 2017
Introduced HR 11 Sep 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 (Terminating Enterprise Agreements) Bill 2017

 

No.      , 2017

 

(Mr Wilkie)

 

 

 

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 is the Fair Work Amendment (Terminating Enterprise Agreements) 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Note:          This table relates only to the provisions of this Act as originally enacted.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  Section 226

Before “If”, insert “(1)”.

2  At the end of section 226

Add:

             (2)  The FWC must not consider it appropriate to terminate the enterprise agreement if the terms and conditions of employment of any employee covered by the agreement would, immediately after the termination, be less favourable than the employee’s terms and conditions of employment immediately before the termination.

             (3)  A decision of the FWC to terminate an enterprise agreement under this section is of no effect, and is taken never to have had any effect, if:

                     (a)  the decision was made on or after 22 April 2015 and before the commencement of this subsection; and

                     (b)  the FWC could not have made the decision had subsection (2) been in force at the time of the decision.