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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 (Pay Protection)
Bill 2016
No. , 2016
(Mr Bandt)
A Bill for an Act to amend the law in relation to
workplace relations, and for related purposes
No. , 2016
Fair Work Amendment (Pay Protection) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendment of the Fair Work Act 2009
3
Fair Work Act 2009
3
No. , 2016
Fair Work Amendment (Pay Protection) Bill 2016
1
A Bill for an Act to amend the law in relation to
1
workplace relations, 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 (Pay Protection) Act 2016.
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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
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 (Pay Protection) Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
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.
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Information may be inserted in this column, or information in it
5
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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Amendment of the Fair Work Act 2009 Schedule 1
No. , 2016
Fair Work Amendment (Pay Protection) Bill 2016
3
Schedule 1--Amendment of the Fair Work Act
1
2009
2
3
Fair Work Act 2009
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1 Subsection 16(3) (note)
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Omit "base rate of pay", substitute "rate of pay".
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2 At the end of section 18
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Add:
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(3) The regulations may prescribe, or provide for the determination of,
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the full rate of pay, for the purpose of section 206, of an employee
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who is a pieceworker. If the regulations do so, the employee's full
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rate of pay, for the purpose of that section, is as prescribed by, or
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determined in accordance with, the regulations.
13
Note:
Section 206 deals with an employee's rate of pay under an enterprise
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agreement.
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3 Division 6 of Part 2-4 (heading)
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Repeal the heading, substitute:
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Division 6--Rates of pay under enterprise agreements
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4 Section 206 (heading)
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Omit "Base rate of pay", substitute "Rates of pay".
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5 Subsection 206(1)
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Omit "the base rate of pay" (wherever occurring), substitute "the full
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rate of pay".
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6 Subsections 206(3) and (4)
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Repeal the subsections, substitute:
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(3) If:
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(a) an enterprise agreement applies to an employee; and
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(b) the employee is not covered by a modern award that is in
28
operation; and
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Schedule 1 Amendment of the Fair Work Act 2009
4
Fair Work Amendment (Pay Protection) Bill 2016
No. , 2016
(c) a national minimum wage order would, but for the agreement
1
applying to the employee, require the employee's employer
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to pay the employee:
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(i) a base rate of pay that at least equals the national
4
minimum wage; or
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(ii) a base rate of pay that at least equals the special national
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minimum wage; or
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(iii) a casual loading that at least equals the casual loading
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for award/agreement free employees (as applied to the
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employee's base rate of pay);
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the base rate of pay and any casual loading payable to the
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employee under the enterprise agreement (the agreement rate)
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must not be less than the employee's base rate of pay and any
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casual loading that the employer would be required to pay the
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employee under the national minimum wage order.
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(4) If the agreement rate is less than the base rate of pay and any
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casual loading that the employer would be required to pay the
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employee under the national minimum wage order (the required
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rate/loading), the agreement has effect in relation to the employee
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as if the agreement rate were equal to the required rate/loading.
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7 Section 282
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Omit:
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(b) for an employee who is not covered by a modern award and to
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whom an enterprise agreement applies, the employee's base
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rate of pay under the agreement must not be less than the
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relevant national minimum wage or special national minimum
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wage (see subsection 206(3) (in Part 2-4)).
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substitute:
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(b) for an employee who is not covered by a modern award and to
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whom an enterprise agreement applies, the employee's base
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rate of pay and any casual loading under the agreement must
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not be less than the relevant national minimum wage, special
32
national minimum wage or casual loading (see
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subsection 206(3) (in Part 2-4)).
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Amendment of the Fair Work Act 2009 Schedule 1
No. , 2016
Fair Work Amendment (Pay Protection) Bill 2016
5
8 Section 282
1
Omit:
2
For an employee who is covered by a modern award and to whom
3
an enterprise agreement applies, the employee's base rate of pay
4
under the agreement must not be less than the base rate of pay that
5
would have been payable to the employee if the award applied (see
6
subsection 206(1) (in Part 2-4)).
7
substitute:
8
For an employee who is covered by a modern award and to whom
9
an enterprise agreement applies, the employee's full rate of pay
10
under the agreement must not be less than the full rate of pay that
11
would have been payable to the employee if the award applied (see
12
subsection 206(1) (in Part 2-4)).
13
9 In the appropriate position in Schedule 1
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Insert:
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Part 4--Amendments made by the Fair Work
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Amendment (Pay Protection) Act 2016
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18
15 Application of amendments to enterprise agreements
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(1) The amendments made by Schedule 1 to the Fair Work
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Amendment (Pay Protection) Act 2016 apply to enterprise
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agreements, whether made before, on or after the commencement
22
of that Schedule.
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(2) However, the amendments made by that Schedule also have the
24
effect they would have if they were, by express provision, confined
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to enterprise agreements made on or after the commencement of
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that Schedule.
27
Note:
If the amendments are confined to enterprise agreements made on or
28
after the commencement of that Schedule, the law as in force before
29
that commencement will continue to apply to enterprise agreements
30
made before that commencement.
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