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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work Amendment (One in, All in)
Bill 2020
No. , 2020
(Mr Bandt)
A Bill for an Act to amend the
Fair Work Act 2009
,
and for related purposes
No. , 2020
Fair Work Amendment (One in, All in) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2020
Fair Work Amendment (One in, All in) Bill 2020
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 (One in, All in) Act 2020
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Fair Work Amendment (One in, All in) Bill 2020
No. , 2020
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repealed as set out in the applicable items in the Schedule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. , 2020
Fair Work Amendment (One in, All in) Bill 2020
3
Schedule 1--Amendments
1
Fair Work Act 2009
2
1 Section
789GA (paragraph beginning "This Part provides
3
that the FWC may deal)
4
Repeal the paragraph, substitute:
5
This Part provides that the FWC may deal with a dispute about the
6
operation of this Part or a dispute about whether a person who is a
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relevant employee of an entity should be treated as if they were an
8
eligible employee of an entity and the entity entitled to a jobkeeper
9
payment for the purposes of the jobkeeper payment rules.
10
2 Section 789GC
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Insert:
12
eligible employee
has the same meaning as in the jobkeeper
13
payment rules.
14
relevant employee
has the same meaning as in the jobkeeper
15
payment rules.
16
3 After section 789GV
17
Insert:
18
789GVA FWC may deal with a dispute about eligible employees
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(1) The FWC may deal with a dispute about whether a person who is a
20
relevant employee of an entity should be treated as if they were an
21
eligible employee of the entity for the purposes of the jobkeeper
22
payment rules.
23
(2) The FWC may deal with a dispute by arbitration.
24
Note:
The FWC may also deal with a dispute by mediation or conciliation,
25
or by making a recommendation or expressing an opinion (see
26
subsection 595(2)).
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(3) The FWC may deal with a dispute only on application by any of
28
the following:
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Schedule 1
Amendments
4
Fair Work Amendment (One in, All in) Bill 2020
No. , 2020
(a) an employee;
1
(b) an employer;
2
(c) an employee organisation;
3
(d) an employer organisation.
4
(4) The FWC may make any order the FWC considers appropriate to
5
give effect to the "one in, all in" principle, including any of the
6
following:
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(a) an order that a relevant employee is an eligible employee;
8
(b) an order that a relevant employee has met any requirement of
9
the jobkeeper payment rules;
10
(c) an order that the entity employing a relevant employee has
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met any requirement of the jobkeeper payment rules;
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(d) an order that the entity employing a relevant employee is
13
entitled to a jobkeeper payment for that relevant employee or
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one or more other relevant employees.
15
(5) The FWC must not make an order under this section on or after
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28 September 2020.
17
(6) In dealing with the dispute, the FWC must, to the extent possible,
18
give effect to the "one in, all in" principle.
19
Note:
If an entity elects to participate in the jobkeeper scheme in relation to
20
one relevant employee, it must participate in relation to all relevant
21
employees: see section 10A of the jobkeeper payment rules.
22
4 Section 789GW (heading)
23
Omit "
dealing with a dispute about the operation of this Part
".
24
5 Section 789GW
25
Omit "dealing with a dispute about the operation of this Part", substitute
26
"made under this Part".
27