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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 of All Workers) Bill 2017
No. , 2017
(Mr Christensen)
A Bill for an Act to amend the law in relation to
workplace relations, and for related purposes
No. , 2017
Fair Work Amendment (Protecting Take Home Pay of All Workers) 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 of All Workers) 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 (Protecting Take Home Pay
5
of All Workers) 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
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according to its terms.
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12
2
Fair Work Amendment (Protecting Take Home Pay of All Workers) 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
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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. , 2017
Fair Work Amendment (Protecting Take Home Pay of All Workers) Bill
2017
3
Schedule 1--Amendments
1
2
Fair Work Act 2009
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1 At the end of Division 2 of Part 2-3
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Add:
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135A Protecting penalty rates
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(1) A penalty rate in a modern award cannot be varied to make the
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penalty rate lower than that in force under the award on 30 June
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2017.
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(2) A determination of the FWC made on or after 22 February 2017
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that would reduce a penalty rate in a modern award so that the
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penalty rate would be lower than that in force under the award on
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30 June 2017 has no effect.
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2 At the end of section 193
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Add:
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Effect of removing or reducing penalty rates--award covered
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employees
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(8) Despite anything else in this section, an enterprise agreement that
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is not a greenfields agreement does not pass the better off overall
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test under this section if:
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(a) a penalty rate under the relevant modern award for an award
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covered employee, or a prospective award covered employee,
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is removed or reduced under the agreement; and
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(b) because the employee usually works, or will usually work, on
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a day in relation to which a penalty rate is payable under the
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relevant modern award, the removal or reduction in the
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penalty rate disproportionately affects the employee as
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compared with employees who do not usually work on that
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day.
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Schedule 1 Amendments
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Fair Work Amendment (Protecting Take Home Pay of All Workers) Bill
2017
No. , 2017
Effect of removing or reducing penalty rates--prospective award
1
covered employees
2
(9) Despite anything else in this section, a greenfields agreement does
3
not pass the better off overall test under this section if:
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(a) a penalty rate under the relevant modern award for a
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prospective award covered employee is removed or reduced
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under the agreement; and
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(b) because the employee will usually work on a day in relation
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to which a penalty rate is payable under the relevant modern
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award, the removal or reduction in the penalty rate will
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disproportionately affect the employee as compared with
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employees who will not usually work on that day.
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3 Application of item 2
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The amendment made by item 2 of this Schedule applies in relation to
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enterprise agreements made on or after the commencement of the item.
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