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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 (Penalty Rates
Exemption for Small Businesses) Bill
2015
No. , 2015
(Senators Leyonhjelm and Day)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
No. , 2015
Fair Work Amendment (Penalty Rates Exemption for Small Businesses)
Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 1
Schedule 1--Amendments
2
Fair Work Act 2009
2
No. , 2015
Fair Work Amendment (Penalty Rates Exemption for Small Businesses)
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 (Penalty Rates
5
Exemption for Small Businesses) Act 2015.
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2 Commencement
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This Act commences 12 months after the day on which this Act
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receives the Royal Assent.
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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repealed as set out in the applicable items in the Schedule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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Schedule 1 Amendments
2
Fair Work Amendment (Penalty Rates Exemption for Small Businesses)
Bill 2015
No. , 2015
Schedule 1
--Amendments
1
2
Fair Work Act 2009
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1 Section 12
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Insert:
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excluded small business employer: see section 23AA.
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2 Subsection 23(1)
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Omit "15 employees", substitute "20 employees".
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3 After section 23
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Insert:
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23AA Meaning of excluded small business employer
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(1) A small business employer is an excluded small business
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employer at a particular time if the employer employs fewer than
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20 employees at that time in any of the following industries:
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(a) restaurant and catering;
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(b) hospitality;
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(c) retail.
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(2) For the purpose of calculating the number of employees employed
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by the employer at a particular time:
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(a) subject to paragraph (b), all employees employed by the
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employer at that time are to be counted; and
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(b) a casual employee is not to be counted unless, at that time, he
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or she has been employed by the employer on a regular and
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systematic basis.
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(3) For the purpose of calculating the number of employees employed
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by the employer at a particular time, associated entities are taken to
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be one entity.
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4 Paragraph 139(1)(e)
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Before "penalty rates", insert "subject to section 155A,".
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Amendments Schedule 1
No. , 2015
Fair Work Amendment (Penalty Rates Exemption for Small Businesses)
Bill 2015
3
5 At the end of Division 3 of Part 2-3
1
Add:
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155A Terms dealing with penalty rates payable by excluded small
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business employers
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A modern award must not include a term that has the effect of
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requiring an excluded small business employer to pay penalty rates
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to an employee for work performed for the employer, unless:
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(a) the work:
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(i) is performed on a weekend; and
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(ii) is in addition to 38 hours of work that the employee has
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worked in the relevant week; or
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(b) the work:
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(i) is in a 24 hour period; and
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(ii) is in addition to 10 hours of work that the employee has
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worked in that period; or
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(c) the work is performed on a public holiday.
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6 At the end of Schedule 1
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Add:
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Part 3--Amendments made by the Fair Work
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Amendment (Penalty Rates Exemption for
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Small Businesses) 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
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Amendment (Penalty Rates Exemption for Small Businesses) Act
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2015.
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commencement means the commencement of this Part.
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Schedule 1 Amendments
4
Fair Work Amendment (Penalty Rates Exemption for Small Businesses)
Bill 2015
No. , 2015
14 Application of section 155A of amended Act
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Section 155A of the amended Act applies in relation to a modern
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award that is in operation on or after commencement, whether or
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not the award was made before commencement.
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