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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work Amendment (A Living Wage)
Bill 2018
No. , 2018
(Mr Bandt)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
No. , 2018
Fair Work Amendment (A Living Wage) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2018
Fair Work Amendment (A Living Wage) Bill 2018
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 (A Living Wage) Act 2018.
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 (A Living Wage) Bill 2018
No. , 2018
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repealed as set out in the applicable items in the Schedule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. , 2018
Fair Work Amendment (A Living Wage) Bill 2018
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 Section 12
4
Insert:
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median national hourly wage means the median weekly total cash
6
earnings for all full-time employees paid at the adult rate of pay,
7
most recently published by the Australian Statistician, divided by
8
38.
9
2 After subsection 294(1)
10
Insert:
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(1A) The monetary amount per hour produced by the national minimum
12
wage must at least equal 60% of the median national hourly wage.
13
Note:
The national minimum wage must be expressed in a way that produces
14
a monetary amount per hour (see section 295).
15
3 In the appropriate position in Schedule 1
16
Insert:
17
Part 9--Amendments made by the Fair Work
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Amendment (A Living Wage) Act 2018
19
20
40 Definitions
21
In this Part:
22
amending Act means the Fair Work Amendment (A Living Wage)
23
Act 2018.
24
phase in period: see paragraph 42(1)(a).
25
Schedule 1 Amendments
4
Fair Work Amendment (A Living Wage) Bill 2018
No. , 2018
41 Application of amendments--national minimum wage orders
1
Orders that come into operation after phase in period
2
(1) Subsection 294(1A) (as inserted by the amending Act) applies in
3
relation to a national minimum wage order that comes into
4
operation after the end of the phase in period.
5
Orders made and that come into operation during phase in period
6
(2) If a national minimum wage order is made, and comes into
7
operation, during the phase in period, the national minimum wage
8
set by the order must reflect the phase in referred to in
9
subclause 42(1).
10
(3) Subclause (2) does not apply to the national minimum wage set by
11
a national minimum wage order, if:
12
(a) FWC is satisfied that there are exceptional circumstances
13
justifying the departure from the phase in, in relation to that
14
particular national minimum wage order; and
15
(b) the national minimum wage order includes the FWC's
16
reasons for the departure.
17
42 FWC must phase in increases in national minimum wage
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FWC must determine rate of phase in
19
(1) In the first national minimum wage order that comes into operation
20
after the commencement of the amending Act, the FWC must set
21
out:
22
(a) the period (the phase in period) during which the effect of
23
any increases in the national minimum wage that will be
24
required because of subsection 294(1A) (as inserted by the
25
amending Act) are to be phased in; and
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(b) the rate of the phase in during that period.
27
(2) The phase in period must end no later than 6 years after the
28
commencement of the amending Act.
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(3) In determining the rate of the phase in, FWC must have regard to
30
the following matters:
31
(a) the need to reduce inequality;
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Amendments Schedule 1
No. , 2018
Fair Work Amendment (A Living Wage) Bill 2018
5
(b) the state of the economy;
1
(c) the circumstances of particular industries and classes of
2
employers;
3
(d) any other matters the FWC considers relevant.
4
Special rules if a national minimum wage order is made shortly
5
before commencement
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(4) If the first national minimum wage order that is to come into
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operation after the commencement of the amending Act is made
8
before that commencement, the FWC must, after that
9
commencement and before the national minimum wage order
10
comes into operation, make a determination varying the order so
11
that the order complies with subclauses (1) to (3).
12
(5) To avoid doubt, subclause (4) applies despite paragraph 296(3)(a).
13
Note:
Paragraph 296(3)(a) restricts the grounds on which a national
14
minimum wage order can be varied.
15
(6) A determination made in accordance with subclause (4):
16
(a) comes into operation immediately after the order as unvaried
17
comes into operation; and
18
(b) takes effect at the same time as the order.
19
(7) The following provisions apply to a determination made in
20
accordance with subclause (4) as if the determination was made
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under Part 2-6:
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(a) subsection 296(2) (publication requirements);
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(b) subsection 617(3) (determination must be made by Expert
24
Panel).
25
43 Application of amendments--other Commonwealth laws
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(1) This clause applies in relation to a payment if:
27
(a) the payment is of a kind that is payable by the
28
Commonwealth under a law of the Commonwealth (other
29
than this Act); and
30
(b) the law requires the payment to be calculated (however
31
described) by reference to the national minimum wage set by
32
a national minimum wage order.
33
Schedule 1 Amendments
6
Fair Work Amendment (A Living Wage) Bill 2018
No. , 2018
Note:
A kind of payment to which subclause (1) applies may be a kind of payment that is also
1
payable by persons other than the Commonwealth (for example, parental leave pay
2
under the Paid Parental Leave Act 2010).
3
(2) A national minimum wage set by a national minimum wage order
4
that comes into operation after the commencement of the amending
5
Act does not apply for the purposes of the calculation of the
6
payment.
7
(3) Subclause (2) does not apply if the payment is prescribed by the
8
regulations.
9