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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work Amendment (Remaining 2014
Measures) Bill 2015
No. , 2015
(Employment)
A Bill for an Act to amend the Fair Work Act 2009,
and for other purposes
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Amendments
4
Part 1--Payment for annual leave
4
Fair Work Act 2009
4
Part 2--Taking or accruing leave while receiving workers'
compensation
5
Fair Work Act 2009
5
Part 3--Individual flexibility arrangements
6
Division 1--Modern awards (genuine needs statements)
6
Fair Work Act 2009
6
Division 2--Modern awards (other matters)
6
Fair Work Act 2009
6
Division 3--Enterprise agreements
7
Fair Work Act 2009
7
Part 4--Transfer of business
10
Fair Work Act 2009
10
Part 5--Right of entry
11
Fair Work Act 2009
11
Part 6--FWC hearings and conferences
17
Fair Work Act 2009
17
Schedule 2--Application and transitional provisions
19
Fair Work Act 2009
19
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
1
A Bill for an Act to amend the Fair Work Act 2009,
1
and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Fair Work Amendment (Remaining
5
2014 Measures) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
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,
Parts 1 and 2
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 3, Division 1
The day after the end of the period of 6
months beginning on the day this Act
receives the Royal Assent.
4. Schedule 1,
Part 3,
Divisions 2 and 3
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
5. Schedule 1,
Part 4
The day after this Act receives the Royal
Assent.
6. Schedule 1,
Part 5
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
7. Schedule 1,
Part 6
The day after this Act receives the Royal
Assent.
8. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Amendments
Part 1 Payment for annual leave
4
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
Schedule 1--Amendments
1
Part 1--Payment for annual leave
2
Fair Work Act 2009
3
1 Subsection 55(4) (paragraph (b) of note 2)
4
Omit "99).", substitute "99); or".
5
2 Subsection 55(4) (at the end of note 2)
6
Add:
7
(c) that provide that if, when the employment of an employee ends,
8
the employee has a period of untaken paid annual leave, the
9
employee is to be paid the amount that would have been payable
10
to the employee had the employee taken that period of leave (that
11
amount may be higher than the amount required by
12
subsection 90(2)).
13
3 Subsection 90(2)
14
Repeal the subsection, substitute:
15
(2) If, at the time (the termination time) when the employment of an
16
employee ends, the employee has a period of untaken paid annual
17
leave:
18
(a) the employer must pay the employee a rate for each hour of
19
the employee's untaken paid annual leave; and
20
(b) that rate must not be less than the rate that, immediately
21
before the termination time, is the employee's base rate of
22
pay (expressed as an hourly rate).
23
Note:
See also section 55 (which deals with the interaction between the
24
National Employment Standards and a modern award or enterprise
25
agreement).
26
Amendments Schedule 1
Taking or accruing leave while receiving workers' compensation Part 2
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
5
Part 2--Taking or accruing leave while receiving
1
workers' compensation
2
Fair Work Act 2009
3
4 Subsection 130(2)
4
Repeal the subsection.
5
Schedule 1 Amendments
Part 3 Individual flexibility arrangements
6
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
Part 3--Individual flexibility arrangements
1
Division 1
--Modern awards (genuine needs statements)
2
Fair Work Act 2009
3
5 After paragraph 144(4)(c)
4
Insert:
5
(ca) require the employer to ensure that any individual flexibility
6
arrangement includes a statement by the employee setting out
7
why the employee believes (at the time of agreeing to the
8
arrangement) that the arrangement:
9
(i) meets the genuine needs of the employee; and
10
(ii) results in the employee being better off overall than the
11
employee would have been if no individual flexibility
12
arrangement were agreed to; and
13
Division 2
--Modern awards (other matters)
14
Fair Work Act 2009
15
6 Paragraph 144(4)(d)
16
Repeal the paragraph, substitute:
17
(d) require the employer to ensure that any individual flexibility
18
arrangement agreed to under the term must be able to be
19
terminated:
20
(i) by either the employee, or the employer, giving 13
21
weeks notice of termination, in writing, to the other
22
party to the arrangement; or
23
(ii) by the employee and the employer at any time if they
24
agree, in writing, to the termination; and
25
7 At the end of subsection 144(4)
26
Add:
27
Note:
Benefits other than an entitlement to a payment of money may be
28
taken into account for the purposes of paragraph (c).
29
Amendments Schedule 1
Individual flexibility arrangements Part 3
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
7
8 At the end of subsection 145(3)
1
Add:
2
Note:
An employer does not contravene a flexibility term in the
3
circumstances set out in section 145AA.
4
9 After section 145
5
Insert:
6
145AA Contravention of flexibility term by employer
7
An employer does not contravene a flexibility term of a modern
8
award in relation to a particular individual flexibility arrangement
9
if, at the time when the arrangement is made, the employer
10
reasonably believes that the requirements of the term were
11
complied with, so far as the requirements are applicable to the
12
arrangement.
13
Division 3
--Enterprise agreements
14
Fair Work Act 2009
15
10 Before paragraph 203(2)(a)
16
Insert:
17
(aa) if the enterprise agreement includes terms that deal with one
18
or more of the following matters:
19
(i) arrangements about when work is performed;
20
(ii) overtime rates;
21
(iii) penalty rates;
22
(iv) allowances;
23
(v) leave loading;
24
provide that the effect of those terms may be varied by an
25
individual flexibility arrangement agreed to under the
26
flexibility term; and
27
11 Paragraph 203(2)(a)
28
Omit "the terms", substitute "any other terms".
29
Schedule 1 Amendments
Part 3 Individual flexibility arrangements
8
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
12 At the end of subsection 203(4)
1
Add:
2
Note:
Benefits other than an entitlement to a payment of money may be
3
taken into account for the purposes of this subsection.
4
13 After subsection 203(4)
5
Insert:
6
Requirement for genuine needs statement
7
(4A) The flexibility term must require the employer to ensure that any
8
individual flexibility arrangement agreed to under the term
9
includes a statement by the employee setting out why the employee
10
believes (at the time of agreeing to the arrangement) that the
11
arrangement:
12
(a) meets the genuine needs of the employee; and
13
(b) results in the employee being better off overall than the
14
employee would have been if no individual flexibility
15
arrangement were agreed to.
16
14 Paragraph 203(6)(a)
17
Omit "written notice of not more than 28 days", substitute "13 weeks
18
notice of termination, in writing, to the other party to the arrangement".
19
15 At the end of subsection 204(3)
20
Add:
21
Note:
An employer does not contravene a flexibility term in the
22
circumstances set out in section 204A.
23
16 Subsection 204(4)
24
Repeal the subsection, substitute:
25
Arrangement may be terminated by agreement or notice
26
(4) The flexibility term is taken to provide (in addition to any other
27
means of termination of the arrangement that the term provides)
28
that the arrangement can be terminated:
29
(a) by either the employee, or the employer, giving written
30
notice of not more than 28 days; or
31
Amendments Schedule 1
Individual flexibility arrangements Part 3
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
9
(b) by the employee and the employer at any time if they agree,
1
in writing, to the termination.
2
17 After section 204
3
Insert:
4
204A Contravention of flexibility term by employer
5
An employer does not contravene a flexibility term of an enterprise
6
agreement in relation to a particular individual flexibility
7
arrangement if, at the time when the arrangement is made, the
8
employer reasonably believes that the requirements of the term
9
were complied with, so far as the requirements are applicable to the
10
arrangement.
11
Schedule 1 Amendments
Part 4 Transfer of business
10
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
Part 4--Transfer of business
1
Fair Work Act 2009
2
18 Section 12 (paragraph (a) of the definition of transfer of
3
business)
4
Omit "subsection 311(1)", substitute "subsections 311(1) and (1A)".
5
19 After subsection 311(1)
6
Insert:
7
(1A) However, there is not a transfer of business if:
8
(a) the new employer is an associated entity of the old employer
9
when the employee becomes employed by the new employer;
10
and
11
(b) before the termination of the employee's employment with
12
the old employer, the employee sought to become employed
13
by the new employer at the employee's initiative.
14
20 At the end of section 768AD
15
Add:
16
Exception
17
(5) Subsections (2), (3) and (4) do not apply if:
18
(a) the new employer is an associated entity of the old State
19
employer when the person becomes employed by the new
20
employer as mentioned in paragraph (1)(b); and
21
(b) before the termination of the person's employment with the
22
old State employer, the person sought to become employed
23
by the new employer at the person's initiative.
24
(6) For the purposes of sections 768BL, 768BM and 768BN, assume
25
that subsection (5) of this section had not been enacted.
26
Amendments Schedule 1
Right of entry Part 5
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
11
Part 5--Right of entry
1
Fair Work Act 2009
2
21 Section 12 (definition of accommodation arrangement)
3
Repeal the definition.
4
22 Section 12
5
Insert:
6
invitation certificate: see subsection 520A(1).
7
23 Section 12 (definition of transport arrangement)
8
Repeal the definition.
9
24 Section 478
10
Omit:
11
Division 7 deals with accommodation and transport arrangements
12
in remote areas.
13
25 Section 484
14
Repeal the section, substitute:
15
484 Entry to hold discussions
16
Permit holder's organisation is covered by an enterprise
17
agreement
18
(1) A permit holder may enter premises for the purposes of holding
19
discussions with one or more employees or TCF award workers:
20
(a) who perform work on the premises; and
21
(b) whose industrial interests the permit holder's organisation is
22
entitled to represent; and
23
(c) who wish to participate in those discussions;
24
if:
25
Schedule 1 Amendments
Part 5 Right of entry
12
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
(d) an enterprise agreement applies to work performed on the
1
premises; and
2
(e) the permit holder's organisation is covered by the enterprise
3
agreement.
4
Note 1:
A permit holder, or the organisation to which the permit holder
5
belongs, may be subject to an order by the FWC under section 508 if
6
rights under this Subdivision are misused.
7
Note 2:
A person must not refuse or unduly delay entry by a permit holder, or
8
intentionally hinder or obstruct a permit holder, exercising rights
9
under this Subdivision (see sections 501 and 502).
10
Note 3:
Under paragraph 487(1)(b), the permit holder must give the occupier
11
of the premises notice for the entry. Having given that notice, the
12
permit holder may hold the relevant discussions on the premises.
13
Permit holder's organisation is not covered by an enterprise
14
agreement
15
(2) A permit holder may enter premises for the purposes of holding
16
discussions with one or more employees or TCF award workers:
17
(a) who perform work on the premises; and
18
(b) whose industrial interests the permit holder's organisation is
19
entitled to represent; and
20
(c) who wish to participate in those discussions;
21
if:
22
(d) either:
23
(i) an enterprise agreement applies to work performed on
24
the premises, but the enterprise agreement does not
25
cover the permit holder's organisation; or
26
(ii) no enterprise agreement applies to work performed on
27
the premises; and
28
(e) a member, or prospective member, of the permit holder's
29
organisation:
30
(i) who performs work on the premises; and
31
(ii) whose industrial interests the organisation is entitled to
32
represent;
33
has invited the organisation to send a representative to the
34
premises for the purposes of holding those discussions.
35
Note 1:
The FWC may issue an invitation certificate under section 520A. The
36
certificate will state that the FWC is satisfied that the organisation has
37
been invited.
38
Amendments Schedule 1
Right of entry Part 5
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
13
Note 2:
A permit holder, or the organisation to which the permit holder
1
belongs, may be subject to an order by the FWC under section 508 if
2
rights under this Subdivision are misused.
3
Note 3:
A person must not refuse or unduly delay entry by a permit holder, or
4
intentionally hinder or obstruct a permit holder, exercising rights
5
under this Subdivision (see sections 501 and 502).
6
Note 4:
Under paragraph 487(1)(b), the permit holder must give the occupier
7
of the premises notice for the entry. Having given that notice, the
8
permit holder may hold the relevant discussions on the premises.
9
26 Sections 492 and 492A
10
Repeal the sections, substitute:
11
492 Conduct of interviews in particular room etc.
12
(1) The permit holder must comply with any reasonable request by the
13
occupier of the premises to:
14
(a) conduct interviews or hold discussions in a particular room or
15
area of the premises; or
16
(b) take a particular route to reach a particular room or area of
17
the premises.
18
Note:
The FWC may deal with a dispute about whether the request is
19
reasonable (see subsection 505(1)).
20
(2) Without limiting when a request under subsection (1) might
21
otherwise be unreasonable, a request under paragraph (1)(a) is
22
unreasonable if:
23
(a) the room or area is not fit for the purpose of conducting the
24
interviews or holding the discussions; or
25
(b) the request is made with the intention of:
26
(i) intimidating persons who might participate in the
27
interviews or discussions; or
28
(ii) discouraging persons from participating in the
29
interviews or discussions; or
30
(iii) making it difficult for persons to participate in the
31
interviews or discussions, whether because the room or
32
area is not easily accessible during mealtimes or other
33
breaks, or for some other reason.
34
Schedule 1 Amendments
Part 5 Right of entry
14
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
(3) However, a request under subsection (1) is not unreasonable only
1
because the room, area or route is not that which the permit holder
2
would have chosen.
3
(4) The regulations may prescribe circumstances in which a request
4
under subsection (1) is or is not reasonable.
5
27 Subsection 505(1)
6
Repeal the subsection, substitute:
7
(1) The FWC may deal with a dispute about the operation of this Part
8
(including a dispute about whether a request under section 491,
9
492 or 499 is reasonable).
10
Note:
Sections 491, 492 and 499 deal with requests for permit holders to use
11
particular rooms or areas, and comply with occupational health and
12
safety requirements.
13
28 Subsection 505(5)
14
Repeal the subsection, substitute:
15
(5) In dealing with the dispute, the FWC must not confer rights on a
16
permit holder that are additional to, or inconsistent with, rights
17
exercisable in accordance with Division 2 or 3 of this Part, unless
18
the dispute is about whether a request under section 491, 492 or
19
499 is reasonable.
20
29 Subsection 505A(4)
21
Repeal the subsection.
22
30 Subsection 505A(6)
23
Repeal the subsection, substitute:
24
(6) In dealing with the dispute, the FWC must take into account:
25
(a) fairness between the parties concerned; and
26
(b) if the dispute relates to an employer--the combined impact
27
on the employer's operations of entries onto the premises by
28
permit holders of organisations; and
29
(c) if the dispute relates to an occupier of premises--the
30
combined impact on the occupier's operations of entries onto
31
the premises by permit holders of organisations.
32
Amendments Schedule 1
Right of entry Part 5
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
15
(7) For the purposes of paragraphs (6)(b) and (c), it is immaterial
1
whether the organisations, or their permit holders, are parties to the
2
dispute.
3
31 After Subdivision D of Division 6 of Part 3-4
4
Insert:
5
Subdivision DA--Invitation certificates
6
520A Invitation certificates
7
(1) The FWC must, on application by an organisation, issue a
8
certificate (an invitation certificate) to the organisation if the FWC
9
is satisfied that:
10
(a) a member, or prospective member, of the organisation
11
performs work on particular premises; and
12
(b) the organisation is entitled to represent the industrial interests
13
of the member or prospective member; and
14
(c) the member or prospective member has invited the
15
organisation to send a representative to the premises for the
16
purposes of holding discussions with one or more employees
17
or TCF award workers.
18
(2) An invitation certificate must state the following:
19
(a) the premises to which it relates;
20
(b) the organisation to which it relates;
21
(c) that the FWC is satisfied of the matters referred to in
22
paragraphs (1)(a), (b) and (c).
23
(3) The FWC must specify an expiry date in an invitation certificate.
24
The certificate ceases to have effect at the end of that date.
25
(4) In specifying an expiry date in an invitation certificate, the FWC
26
must comply with any limitations, restrictions or requirements
27
prescribed by the regulations.
28
(5) An invitation certificate must not reveal the identity of the member
29
or prospective member to whom it relates.
30
Schedule 1 Amendments
Part 5 Right of entry
16
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
32 Paragraphs 521(a), (b), (c) and (d)
1
Omit "and affected member certificates", substitute ", affected member
2
certificates and invitation certificates".
3
33 Division 7 of Part 3-4
4
Repeal the Division.
5
34 Subsection 539(2) (cell at table item 25, column headed
6
"Civil remedy provision")
7
Omit:
8
521C(3)
9
521D(3)
10
35 After paragraph 601(5)(f)
11
Insert:
12
(fa) a decision to issue, or to refuse to issue, an invitation
13
certificate under section 520A;
14
Amendments Schedule 1
FWC hearings and conferences Part 6
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
17
Part 6--FWC hearings and conferences
1
Fair Work Act 2009
2
36 Section 12
3
Insert:
4
designated application-dismissal power means:
5
(a) the power conferred by section 399A (which deals with
6
dismissing applications for orders under Division 4 of
7
Part 3-2); or
8
(b) the power conferred by section 587 to dismiss an application
9
for an order under Division 4 of Part 3-2.
10
Note:
Division 4 of Part 3-2 deals with remedies for unfair dismissal of
11
employees.
12
37 Section 397
13
Before "The FWC", insert "(1)".
14
38 At the end of section 397
15
Add:
16
(2) This section does not apply for the purposes of deciding whether to
17
exercise a designated application-dismissal power.
18
39 At the end of section 399
19
Add:
20
Designated application-dismissal power
21
(4) To avoid doubt, a reference in this section to a hearing in relation
22
to a matter arising under this Part includes a reference to a
23
hearing for the purposes of deciding whether to exercise a
24
designated application-dismissal power.
25
40 After section 399A
26
Insert:
27
Schedule 1 Amendments
Part 6 FWC hearings and conferences
18
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
399B Hearings and conferences--dismissing applications
1
(1) If the FWC decides not to hold a hearing, or conduct a conference,
2
for the purposes of deciding whether to exercise a designated
3
application-dismissal power, the FWC must, before deciding
4
whether to exercise the power:
5
(a) invite the parties to the matter concerned to provide further
6
information that relates to whether the power should be
7
exercised; and
8
(b) take account of any such information.
9
(2) If, as a result of information provided as mentioned in
10
subsection (1), the FWC considers that it would be desirable to
11
hold a hearing, or conduct a conference, for the purposes of
12
deciding whether to exercise a designated application-dismissal
13
power, the FWC may do so.
14
(3) An invitation under paragraph (1)(a) must:
15
(a) be given by written notice to the parties to the matter
16
concerned; and
17
(b) specify the time by which the information referred to in the
18
invitation is to be provided.
19
41 Subsection 587(1) (note)
20
Omit "Note", substitute "Note 1".
21
42 At the end of subsection 587(1)
22
Add:
23
Note 2:
Section 399 deals with hearings for the purposes of deciding whether
24
to exercise the power conferred by this section to dismiss an
25
application for an order under Division 4 of Part 3-2.
26
Note 3:
Section 399B sets out requirements that apply if the FWC decides not
27
to hold a hearing, or conduct a conference, for the purposes of
28
deciding whether to exercise the power conferred by this section to
29
dismiss an application for an order under Division 4 of Part 3-2.
30
Application and transitional provisions Schedule 2
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
19
Schedule 2--Application and transitional
1
provisions
2
3
Fair Work Act 2009
4
1 At the end of the Act
5
Add:
6
Schedule 5A--Amendments made by the Fair
7
Work Amendment (Remaining 2014
8
Measures) Act 2015
9
Note:
See section 795A.
10
11
12
1 Definitions
13
In this Schedule:
14
amending Act means the Fair Work Amendment (Remaining 2014
15
Measures) Act 2015.
16
2 Part 1 of Schedule 1 to the amending Act
17
The amendments made by Part 1 of Schedule 1 to the amending
18
Act apply in relation to the end of the employment of an employee,
19
if the end of the employment occurs after the commencement of
20
that Part.
21
3 Part 2 of Schedule 1 to the amending Act
22
The amendment made by Part 2 of Schedule 1 to the amending Act
23
applies in relation to a compensation period beginning after the
24
commencement of that Part.
25
4 Division 1 of Part 3 of Schedule 1 to the amending Act
26
Paragraph 144(4)(ca) applies in relation to a modern award that is
27
in operation after the commencement of Division 1 of Part 3 of
28
Schedule 2 Application and transitional provisions
20
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
No. , 2015
Schedule 1 to the amending Act, whether or not the award was
1
made before the commencement of that Division.
2
5 FWC to vary certain modern awards--genuine needs statement
3
Scope
4
(1) This clause applies in relation to a modern award if:
5
(a) the award is in operation at any time during the period of 6
6
months ending at the commencement of Division 1 of Part 3
7
of Schedule 1 to the amending Act; and
8
(b) at any time during that 6-month period, the award includes a
9
flexibility term that does not comply with
10
paragraph 144(4)(ca) (if it were assumed that
11
paragraph 144(4)(ca) applied in relation to the award).
12
Variation
13
(2) The FWC must, before the commencement of Division 1 of Part 3
14
of Schedule 1 to the amending Act, make a determination varying
15
the modern award so as to ensure that the flexibility term complies
16
with paragraph 144(4)(ca).
17
(3) A determination made under subclause (2) comes into operation at
18
(and takes effect from) the commencement of Division 1 of Part 3
19
of Schedule 1 to the amending Act.
20
(4) Section 168 applies to a determination made under subclause (2) as
21
if it were a determination made under Part 2-3.
22
6 Division 2 of Part 3 of Schedule 1 to the amending Act
23
Section 145AA applies in relation to an individual flexibility
24
arrangement made after the commencement of Division 2 of Part 3
25
of Schedule 1 to the amending Act.
26
7 Division 3 of Part 3 of Schedule 1 to the amending Act
27
(1) The amendments of subsections 203(2) and (6) made by Division 3
28
of Part 3 of Schedule 1 to the amending Act apply in relation to an
29
enterprise agreement made after the commencement of that
30
Division.
31
Application and transitional provisions Schedule 2
No. , 2015
Fair Work Amendment (Remaining 2014 Measures) Bill 2015
21
(2) Subsection 203(4A) applies in relation to an enterprise agreement
1
made after the commencement of Division 3 of Part 3 of
2
Schedule 1 to the amending Act.
3
(3) The amendment of section 204 made by Division 3 of Part 3 of
4
Schedule 1 to the amending Act applies in relation to an enterprise
5
agreement made after the commencement of that Division.
6
(4) Section 204A applies in relation to an individual flexibility
7
arrangement made after the commencement of Division 3 of Part 3
8
of Schedule 1 to the amending Act.
9
8 Part 4 of Schedule 1 to the amending Act
10
(1) Subsection 311(1A) applies in relation to an employee who
11
becomes employed by a new employer after the commencement of
12
Part 4 of Schedule 1 to the amending Act.
13
(2) Subsections 768AD(5) and (6) apply in relation to a person who
14
becomes employed by a new employer after the commencement of
15
Part 4 of Schedule 1 to the amending Act.
16
9 Part 5 of Schedule 1 to the amending Act
17
(1) The amendments made by item 26 of Schedule 1 to the amending
18
Act apply in relation to interviews conducted, and discussions held,
19
after the commencement of that item.
20
(2) The amendments of section 505A made by Part 5 of Schedule 1 to
21
the amending Act apply to a dispute if the FWC commences to
22
deal with the dispute:
23
(a) on its own initiative after the commencement of that Part; or
24
(b) on application made after the commencement of that Part.
25
10 Part 6 of Schedule 1 to the amending Act
26
The amendments made by Part 6 of Schedule 1 to the amending
27
Act apply in relation to an application for an order under
28
Division 4 of Part 3-2, if the application was made after the
29
commencement of Part 6 of Schedule 1 to the amending Act.
30