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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work Amendment (Respect for
Emergency Services Volunteers) Bill
2016
No. , 2016
(Employment)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
No. , 2016
Fair Work Amendment (Respect for Emergency Services Volunteers)
Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2016
Fair Work Amendment (Respect for Emergency Services Volunteers)
Bill 2016
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
4
This Act is the Fair Work Amendment (Respect for Emergency
5
Services Volunteers) Act 2016.
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 (Respect for Emergency Services Volunteers)
Bill 2016
No. , 2016
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.
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
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2016
Fair Work Amendment (Respect for Emergency Services Volunteers)
Bill 2016
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 Section 12
4
Insert:
5
designated emergency management body: see
6
subsections 195A(4) and (5).
7
objectionable emergency management term of an enterprise
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agreement: see section 195A.
9
volunteer of a designated emergency management body: see
10
subsection 195A(6).
11
2 At the end of subsection 29(2)
12
Add:
13
Note:
In addition, a term of an enterprise agreement could be an unlawful
14
term and of no effect if it requires or permits a designated emergency
15
management body to act other than in accordance with a State or
16
Territory law and this affects or could affect the
body's volunteers
17
(see paragraphs 194(baa), 195A(1)(d) and 253(1)(b)).
18
3 After paragraph 194(b)
19
Insert:
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(baa) an objectionable emergency management term; or
21
4 At the end of Subdivision D of Division 4 of Part 2-4
22
Add:
23
195A Meaning of objectionable emergency management term
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Objectionable emergency management term
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(1) A term of an enterprise agreement is an objectionable emergency
26
management term if an employer covered by the agreement is a
27
designated emergency management body and the term has, or is
28
likely to have, the effect of:
29
Schedule 1 Amendments
4
Fair Work Amendment (Respect for Emergency Services Volunteers)
Bill 2016
No. , 2016
(a) restricting or limiting the body's ability to do any of the
1
following:
2
(i) engage or deploy its volunteers;
3
(ii) provide support or equipment to those volunteers;
4
(iii) manage its relationship with, or work with, any
5
recognised emergency management body in relation to
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those volunteers;
7
(iv) otherwise manage its operations in relation to those
8
volunteers; or
9
(b) requiring the body to consult, or reach agreement with, any
10
other person or body before taking any action for the
11
purposes of doing anything mentioned in subparagraph (a)(i),
12
(ii), (iii) or (iv); or
13
(c) restricting or limiting the body's ability to recognise, value,
14
respect or promote the contribution of its volunteers to the
15
well-being and safety of the community; or
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(d) requiring or permitting the body to act other than in
17
accordance with a law of a State or Territory, so far as the
18
law confers or imposes on the body a power, function or duty
19
that affects or could affect its volunteers.
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(2) However, a term of an enterprise agreement is not an objectionable
21
emergency management term if:
22
(a) both of the following apply:
23
(i) the term provides for the matters required by
24
subsections 205(1) and (1A) (which deal with terms
25
about consultation in enterprise agreements);
26
(ii) the term does not provide for any other matter that has,
27
or is likely to have, the effect referred to in
28
paragraph (1)(a), (b), (c) or (d) of this section; or
29
(b) the term is the model consultation term.
30
(3) Paragraphs (1)(a), (b), (c) and (d) do not limit each other.
31
Meaning of designated emergency management body
32
(4) A body is a designated emergency management body if:
33
(a) either:
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Amendments Schedule 1
No. , 2016
Fair Work Amendment (Respect for Emergency Services Volunteers)
Bill 2016
5
(i) the body is, or is a part of, a fire-fighting body or a State
1
Emergency Service of a State or Territory (however
2
described); or
3
(ii) the body is a recognised emergency management body
4
that is prescribed by the regulations for the purposes of
5
this subparagraph; and
6
(b) the body is, or is a part of a body that is, established for a
7
public purpose by or under a law of the Commonwealth, a
8
State or a Territory.
9
(5) However, a body is not a designated emergency management
10
body if the body is, or is a part of a body that is, prescribed by the
11
regulations for the purposes of this subsection.
12
Meaning of volunteer of a designated emergency management
13
body
14
(6) A person is a volunteer of a designated emergency management
15
body if:
16
(a) the person engages in activities with the body on a voluntary
17
basis (whether or not the person directly or indirectly takes or
18
agrees to take an honorarium, gratuity or similar payment
19
wholly or partly for engaging in the activity); and
20
(b) the person is a member of, or has a member-like association
21
with, the body.
22
Limited application of subsection (1) for certain terms
23
(7) If:
24
(a) a term of an enterprise agreement deals to any extent with the
25
following matters relating to provision of essential services
26
or to situations of emergency:
27
(i) directions to perform work (including to perform work
28
at a particular time or place, or in a particular way);
29
(ii) directions not to perform work (including not to perform
30
work at a particular time or place, or in a particular
31
way); and
32
(b) the application of subsection (1) in relation to the term would
33
(apart from this subsection) be beyond the Commonwealth's
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Schedule 1 Amendments
6
Fair Work Amendment (Respect for Emergency Services Volunteers)
Bill 2016
No. , 2016
legislative power to the extent that the term deals with those
1
matters;
2
then subsection (1) does not apply in relation to the term to that
3
extent.
4
Note:
See paragraph (l) of the definition of excluded subject matter in
5
subsections 30A(1) and 30K(1).
6
5 Subsection 205(2)
7
After "a consultation term,", insert "or if the consultation term is an
8
objectionable emergency management term,".
9
6 After section 254
10
Insert:
11
254A Entitlement for volunteer bodies to make submissions
12
(1) A body covered by subsection (2) is entitled to make a submission
13
for consideration in relation to a matter before the FWC if:
14
(a) the matter arises under this Part; and
15
(b) the matter affects, or could affect, the volunteers of a
16
designated emergency management body.
17
(2) The bodies are as follows:
18
(a) a body corporate that:
19
(i) has a history of representing the interests of the
20
designated emergency management body's volunteers;
21
and
22
(ii) is not prescribed by the regulations for the purposes of
23
this subparagraph;
24
(b) any other body that is prescribed by the regulations for the
25
purposes of this paragraph.
26
(3) Subsection (1) applies whether or not the FWC holds a hearing in
27
relation to the matter.
28
7 Section 258 (paragraph relating to Division 7)
29
Repeal the paragraph, substitute:
30
Amendments Schedule 1
No. , 2016
Fair Work Amendment (Respect for Emergency Services Volunteers)
Bill 2016
7
Division 7 deals with other matters relating to workplace
1
determinations.
2
8 After section 281
3
Insert:
4
281AA Entitlement for volunteer bodies to make submissions
5
(1) A body covered by subsection (2) is entitled to make a submission
6
for consideration in relation to a matter before the FWC if:
7
(a) the matter arises under this Part; and
8
(b) the matter affects, or could affect, the volunteers of a
9
designated emergency management body.
10
(2) The bodies are as follows:
11
(a) a body corporate that:
12
(i) has a history of representing the interests of the
13
designated emergency management body's volunteers;
14
and
15
(ii) is not prescribed by the regulations for the purposes of
16
this subparagraph;
17
(b) any other body that is prescribed by the regulations for the
18
purposes of this paragraph.
19
(3) Subsection (1) applies whether or not the FWC holds a hearing in
20
relation to the matter.
21
9 In the appropriate position in Schedule 1
22
Insert:
23
Part 3--Amendments made by the Fair Work
24
Amendment (Respect for Emergency
25
Services Volunteers) Act 2016
26
27
13 Definitions
28
In this Part:
29
Schedule 1 Amendments
8
Fair Work Amendment (Respect for Emergency Services Volunteers)
Bill 2016
No. , 2016
amended Act means this Act as amended by the Fair Work
1
Amendment (Respect for Emergency Services Volunteers) Act
2
2016.
3
commencement means the commencement of this Part.
4
14 Application of amendments--objectionable emergency
5
management terms
6
Application of amendments
7
(1) The amended Act applies, after commencement, in relation to
8
enterprise agreements approved, and workplace determinations
9
made, before or after commencement.
10
(2) Sections 254A and 281AA of the amended Act apply in relation to
11
a matter that is before the FWC on or after commencement, even if
12
the matter was before the FWC before commencement.
13
Enterprise agreements approved before commencement--
14
preservation of terms in accordance with amended Act
15
(3) If an enterprise agreement approved before commencement
16
includes an objectionable emergency management term, a term of
17
the agreement has effect after commencement to the extent that:
18
(a) the term can have effect in accordance with the amended Act;
19
and
20
(b) it would not exceed the Commonwealth's legislative power
21
for the term so to have effect.
22