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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Fair Work Amendment (Gender Pay
Gap) Bill 2015
No. , 2015
(Senator Waters)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
No. , 2015
Fair Work Amendment (Gender Pay Gap) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2015
Fair Work Amendment (Gender Pay Gap) Bill 2015
1
A Bill for an Act to amend the Fair Work Act 2009,
1
and for related purposes
2
The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Fair Work Amendment (Gender Pay
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Gap) Act 2015.
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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
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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2
Fair Work Amendment (Gender Pay Gap) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
the 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.
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(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
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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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Amendments Schedule 1
No. , 2015
Fair Work Amendment (Gender Pay Gap) Bill 2015
3
Schedule 1
--Amendments
1
2
Fair Work Act 2009
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1 Paragraph 5(8)(b)
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Omit "and high-income employees", insert ", high income employees
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and certain terms that have no effect".
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2 Section 321
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After:
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Division 3 is about the guarantee of annual earnings that may be
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given to a national system employee whose earnings exceed the
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high income threshold. Modern awards do not apply to such an
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employee.
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Insert:
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Division 4 is about terms that have no effect.
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3 At the end of Part 2-9
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Add:
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Division 4--Certain terms have no effect
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333B Terms prohibiting disclosure of pay have no effect
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A term of a modern award, an enterprise agreement or a contract of
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employment has no effect to the extent that the term:
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(a) prohibits an employee from disclosing the amount of, or
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information about, the employee's pay or earnings; or
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(b) permits, or has the effect of permitting, an employer to take
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adverse action against an employee if the employee discloses
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the amount of, or information about, the employee's pay or
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earnings.
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Schedule 1 Amendments
4
Fair Work Amendment (Gender Pay Gap) Bill 2015
No. , 2015
4 At the end of Schedule 1
1
Add:
2
Part 3
--Amendments made by the Fair Work
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Amendment (Gender Pay Gap) Act 2015
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13 Definitions
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In this Part:
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amended Act means this Act as amended by the Fair Work Amendment
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(Gender Pay Gap) Act 2015.
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14 Application of section 333B
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Section 333B of the amended Act applies in relation to a modern award,
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enterprise agreement or a contract of employment that is in operation on
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or after the day on which this item commences, whether or not the
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award, agreement or contract was made or entered into before that day.
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