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This is a Bill, not an Act. For current law, see the Acts databases.
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
No. , 2017
Fair Work Amendment (Terminating Enterprise Agreements) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2017
Fair Work Amendment (Terminating Enterprise Agreements) Bill 2017
1
A Bill for an Act to amend the Fair Work Act 2009,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
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This Act is the Fair Work Amendment (Terminating Enterprise
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Agreements) Act 2017.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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12
2
Fair Work Amendment (Terminating Enterprise Agreements) Bill 2017
No. , 2017
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
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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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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Amendments Schedule 1
No. , 2017
Fair Work Amendment (Terminating Enterprise Agreements) Bill 2017
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
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1 Section 226
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Before "If", insert "(1)".
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2 At the end of section 226
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Add:
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(2) The FWC must not consider it appropriate to terminate the
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enterprise agreement if the terms and conditions of employment of
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any employee covered by the agreement would, immediately after
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the termination, be less favourable than the employee's terms and
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conditions of employment immediately before the termination.
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(3) A decision of the FWC to terminate an enterprise agreement under
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this section is of no effect, and is taken never to have had any
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effect, if:
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(a) the decision was made on or after 22 April 2015 and before
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the commencement of this subsection; and
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(b) the FWC could not have made the decision had
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subsection (2) been in force at the time of the decision.
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