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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Parliamentary Workplace Reform (Set
the Standard Measures No. 1) Bill 2022
No. , 2022
(Prime Minister)
A Bill for an Act to amend the law in relation to
parliamentary workplaces, and for related
purposes
No. , 2022
Parliamentary Workplace Reform (Set the Standard Measures No. 1)
Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Termination of employment of parliamentarians'
staff
3
Members of Parliament (Staff) Act 1984
3
Schedule 2--Clarifying work health and safety duties of
parliamentarians
5
Work Health and Safety Act 2011
5
Schedule 3--Clarifying the operation of anti-discrimination
legislation for parliamentarians' staff
7
Age Discrimination Act 2004
7
Disability Discrimination Act 1992
7
No. , 2022
Parliamentary Workplace Reform (Set the Standard Measures No. 1)
Bill 2022
1
A Bill for an Act to amend the law in relation to
1
parliamentary workplaces, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Parliamentary Workplace Reform (Set the Standard
6
Measures No. 1) Act 2022
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Parliamentary Workplace Reform (Set the Standard Measures No. 1)
Bill 2022
No. , 2022
1
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
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Termination of employment of parliamentarians' staff
Schedule 1
No. , 2022
Parliamentary Workplace Reform (Set the Standard Measures No. 1)
Bill 2022
3
Schedule 1--Termination of employment of
1
parliamentarians' staff
2
3
Members of Parliament (Staff) Act 1984
4
1 At the end of Part I
5
Add:
6
3A Relationship with Fair Work Acts
7
(1) This Act has effect subject to the
Fair Work Act 2009
and the
Fair
8
Work (Transitional Provisions and Consequential Amendments)
9
Act 2009
.
10
(2) Subsection (1) is not intended to imply anything about the
11
relationship between this Act and any Act other than the
Fair Work
12
Act 2009
or the
Fair Work (Transitional Provisions and
13
Consequential Amendments) Act 2009
.
14
2 After subsection 16(3)
15
Insert:
16
(3A) The notice must specify the ground or grounds that are relied on
17
for the termination.
18
Note 1:
The
Fair Work Act 2009
has rules and entitlements that apply to
19
termination of employment. See, for example, Parts 3-1 (general
20
protections) and 3-2 (unfair dismissal) of that Act.
21
Note 2:
Additional rules or procedures to be followed in terminating the
22
employment of a person under this Part may be set out in:
23
(a) the agreement for the employment of the person; or
24
(b) fair work instruments (within the meaning of the
Fair Work Act
25
2009
); or
26
(c) determinations made under subsection 13(2) or 14(3) of this Act.
27
Note 3:
Termination of employment may be unlawful under
28
anti-discrimination laws in certain circumstances.
29
3 After subsection 23(2)
30
Insert:
31
Schedule 1
Termination of employment of parliamentarians' staff
4
Parliamentary Workplace Reform (Set the Standard Measures No. 1)
Bill 2022
No. , 2022
(2A) The notice must specify the ground or grounds that are relied on
1
for the termination.
2
Note 1:
The
Fair Work Act 2009
has rules and entitlements that apply to
3
termination of employment. See, for example, Parts 3-1 (general
4
protections) and 3-2 (unfair dismissal) of that Act.
5
Note 2:
Additional rules or procedures to be followed in terminating the
6
employment of a person under this Part may be set out in:
7
(a) the agreement for the employment of the person; or
8
(b) fair work instruments (within the meaning of the
Fair Work Act
9
2009
); or
10
(c) determinations made under subsection 20(2) or 21(3) of this Act.
11
Note 3:
Termination of employment may be unlawful under
12
anti-discrimination laws in certain circumstances.
13
Clarifying work health and safety duties of parliamentarians
Schedule 2
No. , 2022
Parliamentary Workplace Reform (Set the Standard Measures No. 1)
Bill 2022
5
Schedule 2--Clarifying work health and safety
1
duties of parliamentarians
2
3
Work Health and Safety Act 2011
4
1 Section 4
5
Insert:
6
parliamentarian
means:
7
(a) a Senator; or
8
(b) a Member of the House of Representatives; or
9
(c) a Minister of State who is not a Senator or Member of the
10
House of Representatives; or
11
(d) a person who is taken to be the President of the Senate under
12
the
Parliamentary Presiding Officers Act 1965
and who is
13
not a Senator or Member of the House of Representatives; or
14
(e) a person who is taken to be the Speaker of the House of
15
Representatives under the
Parliamentary Presiding Officers
16
Act 1965
and who is not a Senator or Member of the House
17
of Representatives; or
18
(f) any other person to whom remuneration is payable under
19
section 49 of the
Parliamentary Business Resources Act
20
2017
.
21
2 Subsection 247(2)
22
Omit "A Minister", substitute "Subject to subsection (3), a Minister".
23
3 At the end of section 247
24
Add:
25
(3) To avoid doubt, a parliamentarian is an officer of the
26
Commonwealth for the purposes of this Act in respect of the
27
business or undertaking of the Commonwealth constituted by the
28
provision by the Commonwealth of support for the functioning of
29
the Parliament.
30
(4) Subsection (3) does not limit:
31
Schedule 2
Clarifying work health and safety duties of parliamentarians
6
Parliamentary Workplace Reform (Set the Standard Measures No. 1)
Bill 2022
No. , 2022
(a) who may be an officer of the Commonwealth for the
1
purposes of this Act in respect of the business or undertaking
2
described in that subsection; or
3
(b) the circumstances in which a parliamentarian may be an
4
officer of a person conducting a business or undertaking for
5
the purposes of this Act.
6
Clarifying the operation of anti-discrimination legislation for parliamentarians' staff
Schedule 3
No. , 2022
Parliamentary Workplace Reform (Set the Standard Measures No. 1)
Bill 2022
7
Schedule 3--Clarifying the operation of
1
anti-discrimination legislation for
2
parliamentarians' staff
3
4
Age Discrimination Act 2004
5
1 Section 5 (at the end of the definition of administrative
6
office)
7
Add:
8
; or (i) an office of a person employed or engaged under the
9
Members of Parliament (Staff) Act 1984
.
10
Note:
A person who holds an office mentioned in paragraph (h) or (i) is
11
covered by the definition of
Commonwealth employee
.
12
2 Section 5 (at the end of the definition of Commonwealth
13
employee)
14
Add:
15
; or (g) is a person employed or engaged under the
Members of
16
Parliament (Staff) Act 1984
.
17
Note:
See also section 8 (Commonwealth taken to be employer of
18
Commonwealth employees).
19
Disability Discrimination Act 1992
20
3 Subsection 4(1) (at the end of the definition of
21
administrative office)
22
Add:
23
; or (i) an office of a person employed or engaged under the
24
Members of Parliament (Staff) Act 1984
.
25
Note:
A person who holds an office mentioned in paragraph (h) or (i) is
26
covered by the definition of
Commonwealth employee
.
27
4 Subsection 4(1) (at the end of the definition of
28
Commonwealth employee)
29
Add:
30
Schedule 3
Clarifying the operation of anti-discrimination legislation for
parliamentarians' staff
8
Parliamentary Workplace Reform (Set the Standard Measures No. 1)
Bill 2022
No. , 2022
; or (h) is a person employed or engaged under the
Members of
1
Parliament (Staff) Act 1984
.
2
Note:
See also section 124 (Commonwealth taken to be employer of
3
Commonwealth employees).
4