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This is a Bill, not an Act. For current law, see the Acts databases.
FAIR WORK (JOB SECURITY AND FAIRER BARGAINING) AMENDMENT BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work (Job Security and Fairer
Bargaining) Amendment 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 (Job Security and Fairer Bargaining) Amendment 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 (Job Security and Fairer Bargaining) Amendment 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 (Job Security and Fairer
5
Bargaining) Amendment 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repealed as set out in the applicable items in the Schedule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 (Job Security and Fairer Bargaining) Amendment 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 (Job Security and Fairer Bargaining) Amendment Bill 2012 No. , 2012 3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 At the end of section 3
4
Add:
5
; and (h) providing workplace relations laws that enhance job security;
6
and
7
(i) promoting full employment in Australia; and
8
(j) helping working Australians to achieve a better work/life
9
balance.
10
2 After paragraph 172(1)(b)
11
Insert:
12
(ba) matters pertaining to the job security of the employees who
13
will be covered by the agreement;
14
(bb) matters pertaining to the workloads of the employees who
15
will be covered by the agreement;
16
3 Paragraph 186(6)(a)
17
After "disputes", insert "by conciliation".
18
4 After paragraph 186(6)(a)
19
Insert:
20
(ab) that provides for FWA to arbitrate disputes covered by
21
paragraph (a) that have not been settled; and
22
5 At the end of paragraph 266(1)(c)
23
Add "and".
24
6 After paragraph 266(1)(c)
25
Insert:
26
(d) the Minister has made all reasonable efforts to assist in
27
settling those matters;
28
7 After paragraph 275(g)
29
Insert:
30
Schedule 1 Amendments
4 Fair Work (Job Security and Fairer Bargaining) Amendment Bill 2012 No. , 2012
(ga) the job security of the employees who will be covered by the
1
agreement;
2
(gb) the workloads of the employees who will be covered by the
3
agreement;
4
8 Subsection 414(5)
5
After "engages", insert ", or changes normal operations for the purposes
6
of engaging,".
7
9 After subsection 414(5)
8
Insert:
9
(5A) The period of notice for the purposes of paragraph (5)(a) must be at
10
least 3 working days.
11
10 Subsection 423(1)
12
Omit "if", substitute "to the extent that".
13
11 After subsection 423(6)
14
Insert:
15
Requirement--permitted matters capable of settlement
16
(6A) For an order terminating protected industrial action, FWA must be
17
satisfied that:
18
(a) terms to deal with all the permitted matters at issue during
19
bargaining for the proposed enterprise agreement could be
20
included in an industrial action related workplace
21
determination; or
22
(b) all the bargaining representatives for the proposed enterprise
23
agreement have agreed to settle all the permitted matters at
24
issue during bargaining for the proposed enterprise
25
agreement by another means by which a binding settlement
26
of those matters might be achieved.
27
Example: For paragraph (b), the bargaining representatives might have agreed to
28
conciliation by FWA and to the inclusion in the proposed enterprise
29
agreement of any terms recommended by FWA to settle the permitted
30
matters at issue.
31
(6B) For an order suspending protected industrial action, FWA must be
32
satisfied, in relation to any permitted matters at issue during
33
bargaining for the proposed enterprise agreement that cannot be
34
Amendments Schedule 1
Fair Work (Job Security and Fairer Bargaining) Amendment Bill 2012 No. , 2012 5
dealt with by including terms in an industrial action related
1
workplace determination, that:
2
(a) there is a means by which a binding settlement of those
3
matters might be achieved (if all of the bargaining
4
representatives for the proposed enterprise agreement agreed
5
to settle those matters by that means); and
6
(b) if the protected industrial action is employee claim action or
7
employee response action--the bargaining representatives of
8
the employee or employees who are engaging in the
9
industrial action have not agreed to settle all of those matters
10
by that means; and
11
(c) if the protected industrial action is employer response
12
action--the bargaining representatives of the employer or
13
employers who are engaging in the industrial action have not
14
agreed to settle all of those matters by that means.
15
12 Subsection 424(1)
16
After "FWA must", insert "(subject to subsections (1A) and (1B))".
17
13 Subsection 424(1)
18
Omit "if", substitute "to the extent that".
19
14 After subsection 424(1)
20
Insert:
21
(1A) FWA must not make an order terminating industrial action of a
22
kind mentioned in subsection (1) unless FWA is satisfied that:
23
(a) terms to deal with all the permitted matters at issue during
24
bargaining for the proposed enterprise agreement could be
25
included in an industrial action related workplace
26
determination; or
27
(b) all the bargaining representatives for the proposed enterprise
28
agreement have agreed to settle all the permitted matters at
29
issue during bargaining for the proposed enterprise
30
agreement by another means by which a binding settlement
31
of those matters might be achieved.
32
Example: For paragraph (b), the bargaining representatives might have agreed to
33
conciliation by FWA and to the inclusion in the proposed enterprise
34
agreement of any terms recommended by FWA to settle the permitted
35
matters at issue.
36
Schedule 1 Amendments
6 Fair Work (Job Security and Fairer Bargaining) Amendment Bill 2012 No. , 2012
(1B) FWA must not make an order suspending industrial action of a
1
kind mentioned in subsection (1) unless FWA is satisfied, in
2
relation to any permitted matters at issue during bargaining for the
3
proposed enterprise agreement that cannot be dealt with by
4
including terms in an industrial action related workplace
5
determination, that:
6
(a) there is a means by which a binding settlement of those
7
matters might be achieved (if all of the bargaining
8
representatives for the proposed enterprise agreement agreed
9
to settle those matters by that means); and
10
(b) if the protected industrial action is employee claim action or
11
employee response action--the bargaining representatives of
12
the employee or employees who are engaging in the
13
industrial action have not agreed to settle all of those matters
14
by that means; and
15
(c) if the protected industrial action is employer response
16
action--the bargaining representatives of the employer or
17
employers who are engaging in the industrial action have not
18
agreed to settle all of those matters by that means.
19
15 After section 424
20
Insert:
21
424A When FWA must not terminate industrial action
22
Despite subsections 423(1) and 424(1), FWA must not make an
23
order terminating protected industrial action if either or both of the
24
following apply in relation to any employer response action
25
concerned:
26
(a) a purpose of the action is to make any application under
27
section 423 or 424 more likely to succeed;
28
(b) the action is not a proportionate response in the
29
circumstances.
30
16 After paragraph 426(5)(a)
31
Insert:
32
(ab) in the case of employer response action--whether the
33
industrial action is being engaged in for the purposes of
34
making any application more likely to succeed;
35
Amendments Schedule 1
Fair Work (Job Security and Fairer Bargaining) Amendment Bill 2012 No. , 2012 7
17 After subsection 431(1)
1
Insert:
2
(1A) However, the Minister must not make the declaration unless he or
3
she is satisfied that:
4
(a) terms to deal with all the permitted matters at issue during
5
bargaining for the proposed enterprise agreement could be
6
included in an industrial action related workplace
7
determination; or
8
(b) all the bargaining representatives for the proposed enterprise
9
agreement have agreed to settle all the permitted matters at
10
issue during bargaining for the proposed enterprise
11
agreement by another means by which a binding settlement
12
of those matters might be achieved.
13
Example: For paragraph (b), the bargaining representatives might have agreed to
14
conciliation by FWA and to the inclusion in the proposed enterprise
15
agreement of any terms recommended by FWA to settle the permitted
16
matters at issue.
17