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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Fair Work Amendment (Equal Pay for
Equal Work) Bill 2022
No. , 2022
(Senator Roberts)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
No. , 2022
Fair Work Amendment (Equal Pay for Equal Work) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2022
Fair Work Amendment (Equal Pay for Equal Work) Bill 2022
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 (Equal Pay for Equal Work)
5
Act 2022
.
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 (Equal Pay for Equal Work) Bill 2022
No. , 2022
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repealed as set out in the applicable items in the Schedule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. , 2022
Fair Work Amendment (Equal Pay for Equal Work) Bill 2022
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 Section 321
4
After:
5
Division 3 is about the guarantee of annual earnings that may be
6
given to a national system employee whose earnings exceed the
7
high income threshold. Modern awards do not apply to such an
8
employee.
9
insert:
10
Division 4 is about the requirement that certain labour hire
11
employees receive at least the same amount of pay as other
12
employees performing the same work.
13
2 At the end of Part 2-9
14
Add:
15
Division 4--Minimum pay for certain labour hire
16
employees
17
333B Minimum pay for certain labour hire employees
18
(1) This section applies if:
19
(a) an employer (the
labour hire employer
) enters into a contract
20
or an arrangement with another person (the
host employer
)
21
for an employee (the
labour hire employee
) of the labour
22
hire employer to perform work for the host employer; and
23
(b) while performing the work, the labour hire employee is in a
24
classification or class of work covered by a specified modern
25
award.
26
(2) The labour hire employer must pay the labour hire employee, in
27
respect of the work:
28
Schedule 1
Amendments
4
Fair Work Amendment (Equal Pay for Equal Work) Bill 2022
No. , 2022
(a) a base rate of pay for the labour hire employee's hours of
1
work that is no less than the base rate of pay that is, or would
2
be, payable to an employee of the host employer in the same
3
classification or class of work for the same hours of work;
4
and
5
(b) any of the following that is, or would be, payable to an
6
employee of the host employer in the same classification or
7
class of work:
8
(i) incentive-based payments and bonuses;
9
(ii) loadings;
10
(iii) monetary allowances;
11
(iv) overtime or penalty rates;
12
(v) any other separately identifiable amounts.
13
Note:
This subsection is a civil remedy provision (see Part 4-1).
14
(3) For the purposes of paragraph (2)(a), a person's
hours of work
15
includes:
16
(a) the person's ordinary hours of work; and
17
(b) the person's roster for when the work is performed.
18
Example: John and Frank both have a 40-hour work week. However, Frank is on
19
a rotating roster, whereas John only works day shifts. For the purposes
20
of paragraph (2)(a), Frank does not have the same
hours of work
as
21
John.
22
(4) In this section:
23
specified modern award
means the following modern awards, as in
24
force from time to time:
25
(a) the
Aircraft Cabin Crew Award 2020
;
26
(b) the
Australian Nuclear Science and Technology Organisation
27
(ANSTO) Enterprise Award 2016
;
28
(c) the
Black Coal Mining Industry Award 2010
;
29
(d) the
Fire Fighting Industry Award 2020
;
30
(e) the
Maritime Offshore Oil and Gas Award 2020
;
31
(f) the
Seagoing Industry Award 2020
;
32
(g) any other modern award specified by the Minister for the
33
purposes of this paragraph in a legislative instrument.
34
Amendments
Schedule 1
No. , 2022
Fair Work Amendment (Equal Pay for Equal Work) Bill 2022
5
3 Subsection 539(2) (after table item 10A)
1
Insert:
2
10B
333B(2)
(a) an employee;
(b) an employee
organisation;
(c) an inspector
(a) the Federal
Court;
(b) the Federal
Circuit and
Family Court
of Australia
(Division 2);
(c) an eligible
State or
Territory
court
for a serious
contravention--
600 penalty
units; or
otherwise--60
penalty units
4 In the appropriate position in Schedule 1
3
Insert:
4
Part 12--Amendments made by the Fair Work
5
Amendment (Equal Pay for Equal Work)
6
Act 2022
7
8
51 Application of amendments
9
Section 333B, as inserted by the
Fair Work Amendment (Equal
10
Pay for Equal Work) Act 2022
, applies in relation to a contract or
11
an arrangement entered into on or after the commencement of this
12
Part.
13