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This is a Bill, not an Act. For current law, see the Acts databases.

FAIR WORK AMENDMENT (BETTER WORK/LIFE BALANCE) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work Amendment (Better
Work/Life Balance) Bill 2012
No. , 2012
(Mr Bandt)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
i Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendments
3
Fair Work Act 2009
3
Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012 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 may be cited as the Fair Work Amendment (Better
5
Work/Life Balance) Act 2012.
6
2 Commencement
7
This Act commences on the day after this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments Schedule 1
Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012 3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 Paragraph 5(8)(a)
4
Omit "or an equal remuneration order (see Part 2-7)", substitute ", an
5
equal remuneration order (see Part 2-7) or a flexible working
6
arrangements order (see Part 2-7A)".
7
2 Section 12
8
Insert:
9
flexible working arrangements order: see subsection 306F(1).
10
3 Subparagraph 43(2)(a)(ii)
11
Omit "and", substitute "or".
12
4 At the end of paragraph 43(2)(a)
13
Add:
14
(iii) a flexible working arrangements order (see Part 2-7A);
15
and
16
5 Subsection 44(2)
17
Omit "65(5) or".
18
6 Subsection 44(2) (note 1)
19
Repeal the note, substitute:
20
Note 1:
Subsection 76(4) states that an employer may refuse an application to
21
extend unpaid parental leave only on reasonable business grounds.
22
7 Subsection 44(2) (note 2)
23
Omit "65(5) or".
24
8 Division 4 of Part 2-2
25
Repeal the Division.
26
9 Section 146 (note)
27
Omit "65(5) or".
28
Schedule 1 Amendments
4 Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012
10 After paragraph 172(1)(c)
1
Insert:
2
(ca) matters pertaining to flexible working arrangements;
3
11 Subsection 186(6) (notes 1 and 2)
4
Omit "65(5) or".
5
12 After Part 2-7
6
Insert:
7
Part 2-7A--Flexible working arrangements
8
Division 1--Introduction
9
306A Guide to this Part
10
This Part provides processes for changing working arrangements.
11
Division 1 deals with preliminary matters.
12
Division 2 deals with requests for flexible working arrangements,
13
including flexible working arrangements for employees who are
14
carers.
15
Division 3 provides for the making of flexible working
16
arrangements orders by FWA to ensure that employers comply
17
with this Part.
18
306B Meanings of employee and employer
19
In this Part, employee means a national system employee, and
20
employer means a national system employer.
21
306C State and Territory laws that are not excluded
22
(1) This Act is not intended to apply to the exclusion of laws of a State
23
or Territory that provide employee entitlements in relation to
24
flexible working arrangements, to the extent that those entitlements
25
Amendments Schedule 1
Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012 5
are more beneficial to employees than the entitlements under this
1
Part.
2
(2) However, a law of a State or Territory has no effect in relation to
3
an employee to the extent that it provides an employee entitlement
4
in relation to flexible working arrangements that is inconsistent
5
with a term of an enterprise agreement that applies to the
6
employee.
7
Division 2--Requests for flexible working arrangements
8
306D Requests for flexible working arrangements
9
Employee or organisation may request change
10
(1) An employee, or an employee organisation that is entitled to
11
represent the employee, may request the employer to change the
12
employee's working arrangements.
13
Note:
Examples of changes in working arrangements include changes in
14
hours of work, changes in patterns of work and changes in location of
15
work.
16
(2) Neither the employee, nor the organisation, is entitled to make the
17
request unless:
18
(a) for an employee other than a casual employee--the employee
19
has completed at least 12 months of continuous service with
20
the employer immediately before making the request; or
21
(b) for a casual employee--the employee:
22
(i) is a long term casual employee of the employer
23
immediately before making the request; and
24
(ii) has a reasonable expectation of continuing employment
25
by the employer on a regular and systematic basis.
26
Formal requirements
27
(3) The request must:
28
(a) be in writing; and
29
(b) set out details of the change sought and of the reasons for the
30
change.
31
Schedule 1 Amendments
6 Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012
Responding to the request
1
(4) The employer must give the employee, or the employee
2
organisation (as the case requires), a written response to the request
3
within 21 days, stating whether the employer grants or refuses the
4
request.
5
(5) The employer may refuse the request only on reasonable business
6
grounds.
7
(6) If the employer refuses the request, the written response under
8
subsection (4) must include details of the reasons for the refusal.
9
306E Requests for flexible working arrangements--carers
10
Request for change for employee who is a carer
11
(1) An employee who has responsibility for the care of another person,
12
or an employee organisation that is entitled to represent the
13
employee, may request the employer to change the employee's
14
working arrangements to assist the employee to care for the other
15
person.
16
Note:
Examples of changes in working arrangements include changes in
17
hours of work, changes in patterns of work and changes in location of
18
work.
19
(2) Neither the employee, nor the organisation, is entitled to make the
20
request unless:
21
(a) for an employee other than a casual employee--the employee
22
has completed at least 12 months of continuous service with
23
the employer immediately before making the request; or
24
(b) for a casual employee--the employee:
25
(i) is a long term casual employee of the employer
26
immediately before making the request; and
27
(ii) has a reasonable expectation of continuing employment
28
by the employer on a regular and systematic basis.
29
Formal requirements
30
(3) The request must:
31
(a) be in writing; and
32
(b) set out details of the change sought and of the reasons for the
33
change.
34
Amendments Schedule 1
Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012 7
Responding to the request
1
(4) The employer must give the employee, or the employee
2
organisation (as the case requires), a written response to the request
3
within 21 days, stating whether the employer grants or refuses the
4
request.
5
(5) The employer may refuse the request only on serious
6
countervailing business grounds.
7
(6) If the employer refuses the request, the written response under
8
subsection (4) must include details of the reasons for the refusal.
9
Division 3--Flexible working arrangements orders
10
306F FWA may make flexible working arrangements order
11
Power to make flexible working arrangements order
12
(1) FWA may make any order (the flexible working arrangements
13
order) it considers appropriate to ensure that an employer complies
14
with section 306D or 306E.
15
Who may apply for flexible working arrangements order
16
(2) FWA may make a flexible working arrangements order only on
17
application by any of the following:
18
(a) an employee or organisation whose request under subsection
19
306D(1) or 306E(1) for a change in working arrangements
20
has been refused;
21
(b) an employee organisation that is entitled to represent an
22
employee covered by paragraph (a);
23
(c) the Age Discrimination Commissioner, the Disability
24
Discrimination Commissioner or the Sex Discrimination
25
Commissioner.
26
306G Implementation of flexible working arrangements in stages
27
A flexible working arrangements order may implement changed
28
working arrangements in such stages (as provided in the order) as
29
FWA thinks appropriate.
30
Schedule 1 Amendments
8 Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012
306H Contravening a working arrangements order
1
An employer must not contravene a term of a flexible working
2
arrangements order.
3
Note:
This section is a civil remedy provision (see Part 4-1).
4
306I Inconsistency with modern awards and enterprise agreements
5
(1) A term of a modern award has no effect in relation to an employee
6
to the extent that it is less beneficial to the employee than a term of
7
a flexible working arrangements order that applies to the employee.
8
(2) A term of a flexible working arrangements order has no effect in
9
relation to an employee to the extent that it is inconsistent with a
10
term of an enterprise agreement that applies to the employee.
11
13 Subsection 539(2) (after table item 9)
12
Insert:
13
14
Part 2-7A--Flexible working arrangements
9A 306H
(a) a person to whom
a flexible working
arrangements
order relates;
(b) an organisation
entitled to
represent a person
to whom a
flexible working
arrangements
order relates
(a) the Federal Court;
(b) the Federal
Magistrates
Court;
(c) an eligible State
or Territory court
60 penalty
units
15
14 Subsection 545(1) (note 4)
16
Omit "65(5),".
17
15 After paragraph 557(2)(f)
18
Insert:
19
(fa) section 306H (which deals with contraventions of flexible
20
working arrangements orders);
21
Amendments Schedule 1
Fair Work Amendment (Better Work/Life Balance) Bill 2012 No. , 2012 9
16 After paragraph 576(1)(f)
1
Insert:
2
(fa) flexible working arrangements (Part 2-7A);
3
17 Paragraph 653(1)(c)
4
Repeal the paragraph, substitute:
5
(c) conduct research into the operation of the provisions of the
6
National Employment Standards relating to requests for
7
extensions of unpaid parental leave under subsection 76(1);
8
and
9
(ca) conduct research into the operation of Part 2-7A in relation to
10
requests for changed working arrangements; and
11
18 After paragraph 675(2)(e)
12
Insert:
13
(ea) a flexible working arrangements order;
14
19 At the end of subsection 716(1)
15
Add:
16
; (g) a term of a flexible working arrangements order.
17
20 Subsection 739(2)
18
Omit "65(5) or".
19
21 Subsection 739(2) (note)
20
Omit "65(5) or".
21
22 Subsection 740(2)
22
Omit "65(5) or".
23
23 Subsection 740(2) (note)
24
Omit "65(5) or".
25

 

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