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This is a Bill, not an Act. For current law, see the Acts databases.
FAIR WORK AMENDMENT (SMALL BUSINESS-PENALTY RATES EXEMPTION) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Fair Work Amendment (Small
Business--Penalty Rates Exemption) Bill
2012
No. , 2012
(Senator Xenophon)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
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name.
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Fair Work Act 2009
3
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1
A Bill for an Act to amend the Fair Work Act 2009,
1
and for related purposes
2
The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Fair Work Amendment (Small
5
Business--Penalty Rates Exemption) Act 2012.
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2 Commencement
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This Act commences on the day this Act receives the Royal
8
Assent.
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name.
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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6
Amendments Schedule 1
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3
Schedule 1--Amendments
1
2
Fair Work Act 2009
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1 Section 12
4
Insert:
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excluded small business employer: see subsection 155A(2).
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2 At the end of Division 3 of Part 2-3
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Add:
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155A Terms dealing with penalty rates payable by excluded small
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business employers
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(1) A modern award must not include a term that would require or
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permit an employer that is an excluded small business employer to
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pay penalty rates to an employee for work performed for the
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employer unless the work performed consists of more than:
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(a) 38 hours of work in total during a week; or
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(b) 10 hours of work during a 24 hour period.
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(2) An employer is an excluded small business employer at a
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particular time if, at that time, the employer employs fewer than 20
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employees in:
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(a) the restaurant and catering industry; or
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(b) the retail industry.
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(3) For the purpose of calculating the number of employees employed
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by the employer in an industry at a particular time:
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(a) all full-time and full-time equivalent employees employed by
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the employer in the industry at that time are to be counted;
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and
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(b) any other employee employed by the employer in the
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industry at that time is not to be counted.
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(4) For the purpose of calculating the number of employees employed
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by the employer in an industry at a particular time, associated
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entities within the industry are taken to be one entity.
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Schedule 1 Amendments
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name.
3 At the end of Schedule 1
1
Add:
2
Part 2--Amendments made by the Fair Work
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Amendment (Small Business--Penalty
4
Rates Exemption) Act 2012
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8 Definitions
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In this Part:
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amended Act means this Act as amended by the Fair Work
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Amendment (Small Business--Penalty Rates Exemption) Act 2012.
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commencement means the commencement of this Part.
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9 Application of section 155A
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Section 155A of the amended Act applies from commencement in
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relation to a modern award that is in operation on or after that
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commencement, whether the modern award is made before or after
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that commencement.
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