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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
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work Amendment (Protecting Take
Home Pay) Bill 2017
No. , 2017
(Mr Shorten)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
No. , 2017
Fair Work Amendment (Protecting Take Home Pay) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
No. , 2017
Fair Work Amendment (Protecting Take Home Pay) Bill 2017
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 (Protecting Take Home Pay)
5
Act 2017.
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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
10
according to its terms.
11
12
2
Fair Work Amendment (Protecting Take Home Pay) Bill 2017
No. , 2017
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.
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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repealed as set out in the applicable items in the Schedule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
10
according to its terms.
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Amendments Schedule 1
No. , 2017
Fair Work Amendment (Protecting Take Home Pay) Bill 2017
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
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1 Section 12 (definition of reduction in take-home pay)
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Repeal the definition, substitute:
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reduction in take-home pay:
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(a) in relation to the cessation of copied State awards--see
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subsection 768BR(3); and
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(b) in relation to the variation of modern awards--see
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subsection 135A(5).
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2 Section 12 (definition of take-home pay)
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Repeal the definition, substitute:
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take-home pay:
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(a) in relation to the cessation of copied State awards--see
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subsection 768BR(2); and
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(b) in relation to the variation of modern awards--see
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subsection 135A(4).
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3 At the end of Division 2 of Part 2-3
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Add:
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135A Protecting take-home pay
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Object of this section
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(1) The object of this section is to ensure that no employee's, or
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prospective employee's, take-home pay is reduced as a result of a
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variation of a modern award.
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FWC cannot reduce take-home pay
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(2) A modern award cannot be varied in a way that would, or would be
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likely to, reduce the take-home pay of any employee covered by
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the award.
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Schedule 1 Amendments
4
Fair Work Amendment (Protecting Take Home Pay) Bill 2017
No. , 2017
Determinations reducing take-home pay of no effect
1
(3) A determination of the FWC made on or after 22 February 2017
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that would, or would be likely to, have the effect of reducing the
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take-home pay of any employee covered by a modern award is of
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no effect.
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Definition of take-home pay
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(4) The take-home pay of an employee covered by a modern award is
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the pay the employee actually receives, or would receive if
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increases in the modern award minimum wage were included in the
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employee's pay:
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(a) including wages and incentive-based payments, and
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additional amounts such as allowances and overtime; but
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(b) disregarding the effect of any deductions that are made as
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permitted by section 324.
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Note:
Deductions permitted by section 324 may (for example) include
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deductions under salary sacrificing arrangements.
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Definition of reduction in take-home pay
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(5) An employee covered by a modern award suffers a reduction in
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take-home pay through a variation of the award if the amount of
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the employee's take-home pay for working particular hours or for a
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particular quantity of work would be less after the variation than it
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would have been before.
22