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 (One in, All in) Act 2020.
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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Fair Work Act 2009
1 Section 789GA (paragraph beginning “This Part provides that the FWC may deal)
Repeal the paragraph, substitute:
This Part provides that the FWC may deal with a dispute about the operation of this Part or a dispute about whether a person who is a relevant employee of an entity should be treated as if they were an eligible employee of an entity and the entity entitled to a jobkeeper payment for the purposes of the jobkeeper payment rules.
2 Section 789GC
Insert:
eligible employee has the same meaning as in the jobkeeper payment rules.
relevant employee has the same meaning as in the jobkeeper payment rules.
3 After section 789GV
Insert:
789GVA FWC may deal with a dispute about eligible employees
(1) The FWC may deal with a dispute about whether a person who is a relevant employee of an entity should be treated as if they were an eligible employee of the entity for the purposes of the jobkeeper payment rules.
(2) The FWC may deal with a dispute by arbitration.
Note: The FWC may also deal with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion (see subsection 595(2)).
(3) The FWC may deal with a dispute only on application by any of the following:
(a) an employee;
(b) an employer;
(c) an employee organisation;
(d) an employer organisation.
(4) The FWC may make any order the FWC considers appropriate to give effect to the “one in, all in” principle, including any of the following:
(a) an order that a relevant employee is an eligible employee;
(b) an order that a relevant employee has met any requirement of the jobkeeper payment rules;
(c) an order that the entity employing a relevant employee has met any requirement of the jobkeeper payment rules;
(d) an order that the entity employing a relevant employee is entitled to a jobkeeper payment for that relevant employee or one or more other relevant employees.
(5) The FWC must not make an order under this section on or after 28 September 2020.
(6) In dealing with the dispute, the FWC must, to the extent possible, give effect to the “one in, all in” principle.
Note: If an entity elects to participate in the jobkeeper scheme in relation to one relevant employee, it must participate in relation to all relevant employees: see section 10A of the jobkeeper payment rules.
4 Section 789GW (heading)
Omit “dealing with a dispute about the operation of this Part”.
5 Section 789GW
Omit “dealing with a dispute about the operation of this Part”, substitute “made under this Part”.