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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
THE SENATE
Presented and read a first time
Fair Work Amendment (Pay Protection)
Bill 2017
No. , 2017
(Senator Rhiannon)
A Bill for an Act to amend the law in relation to
workplace relations, and for related purposes
No. , 2017
Fair Work Amendment (Pay Protection) Bill 2017
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. , 2017
Fair Work Amendment (Pay Protection) Bill 2017
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
4
This Act is the Fair Work Amendment (Pay Protection) Act 2017.
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 (Pay Protection) Bill 2017
No. , 2017
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.
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repealed as set out in the applicable items in the Schedule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
Amendment of the Fair Work Act 2009 Schedule 1
No. , 2017
Fair Work Amendment (Pay Protection) Bill 2017
3
Schedule 1--Amendment of the Fair Work Act
1
2009
2
3
Fair Work Act 2009
4
1 Subsection 16(3) (note)
5
Omit "base rate of pay", substitute "rate of pay".
6
2 At the end of section 18
7
Add:
8
(3) The regulations may prescribe, or provide for the determination of,
9
the full rate of pay, for the purpose of section 206, of an employee
10
who is a pieceworker. If the regulations do so, the employee's full
11
rate of pay, for the purpose of that section, is as prescribed by, or
12
determined in accordance with, the regulations.
13
Note:
Section 206 deals with an employee's rate of pay under an enterprise
14
agreement.
15
3 Section 169 (paragraph relating to Division 6)
16
Omit "base".
17
4 Division 6 of Part 2-4 (heading)
18
Repeal the heading, substitute:
19
Division 6--Rates of pay under enterprise agreements
20
5 Section 206 (heading)
21
Repeal the heading, substitute:
22
206 Rates of pay under an enterprise agreement must not be less
23
than the modern award rate or the national minimum
24
wage order rate etc.
25
6 Subsection 206(1)
26
Omit "the base rate of pay" (wherever occurring), substitute "the full
27
rate of pay".
28
Schedule 1 Amendment of the Fair Work Act 2009
4
Fair Work Amendment (Pay Protection) Bill 2017
No. , 2017
7 Subsections 206(3) and (4)
1
Repeal the subsections, substitute:
2
If an employer is required to pay an employee the national
3
minimum wage etc.
4
(3) If:
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(a) an enterprise agreement applies to an employee; and
6
(b) the employee is not covered by a modern award that is in
7
operation; and
8
(c) a national minimum wage order would, but for the agreement
9
applying to the employee, require the employee's employer
10
to pay the employee:
11
(i) a base rate of pay that at least equals the national
12
minimum wage; or
13
(ii) a base rate of pay that at least equals the special national
14
minimum wage; or
15
(iii) a casual loading that at least equals the casual loading
16
for award/agreement free employees (as applied to the
17
employee's base rate of pay);
18
the base rate of pay and any casual loading payable to the
19
employee under the enterprise agreement (the agreement rate)
20
must not be less than the employee's base rate of pay and any
21
casual loading that the employer would be required to pay the
22
employee under the national minimum wage order.
23
(4) If the agreement rate is less than the base rate of pay and any
24
casual loading that the employer would be required to pay the
25
employee under the national minimum wage order (the required
26
rate/loading), the agreement has effect in relation to the employee
27
as if the agreement rate were equal to the required rate/loading.
28
8 Section 282
29
Omit:
30
(b) for an employee who is not covered by a modern award and to
31
whom an enterprise agreement applies, the employee's base
32
rate of pay under the agreement must not be less than the
33
relevant national minimum wage or special national minimum
34
wage (see subsection 206(3) (in Part 2-4)).
35
Amendment of the Fair Work Act 2009 Schedule 1
No. , 2017
Fair Work Amendment (Pay Protection) Bill 2017
5
substitute:
1
(b) for an employee who is not covered by a modern award and to
2
whom an enterprise agreement applies, the employee's base
3
rate of pay and any casual loading under the agreement must
4
not be less than the relevant national minimum wage, special
5
national minimum wage or casual loading (see
6
subsection 206(3) (in Part 2-4)).
7
9 Section 282
8
Omit:
9
For an employee who is covered by a modern award and to whom
10
an enterprise agreement applies, the employee's base rate of pay
11
under the agreement must not be less than the base rate of pay that
12
would have been payable to the employee if the award applied (see
13
subsection 206(1) (in Part 2-4)).
14
substitute:
15
For an employee who is covered by a modern award and to whom
16
an enterprise agreement applies, the employee's full rate of pay
17
under the agreement must not be less than the full rate of pay that
18
would have been payable to the employee if the award applied (see
19
subsection 206(1) (in Part 2-4)).
20
10 In the appropriate position in Schedule 1
21
Insert:
22
Part 6--Amendments made by the Fair Work
23
Amendment (Pay Protection) Act 2017
24
25
30 Application of amendments to enterprise agreements
26
(1) The amendments made by Schedule 1 to the Fair Work
27
Amendment (Pay Protection) Act 2017 apply to enterprise
28
agreements, whether made before, on or after the commencement
29
of that Schedule.
30
Schedule 1 Amendment of the Fair Work Act 2009
6
Fair Work Amendment (Pay Protection) Bill 2017
No. , 2017
(2) However, the amendments made by that Schedule also have the
1
effect they would have if they were, by express provision, confined
2
to enterprise agreements made on or after the commencement of
3
that Schedule.
4
Note:
If the amendments are confined to enterprise agreements made on or
5
after the commencement of that Schedule, the law as in force before
6
that commencement will continue to apply to enterprise agreements
7
made before that commencement.
8