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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Social Security and Other Legislation
Amendment (Caring for Single Parents)
Bill 2014
No. , 2014
(Senator Siewert)
A Bill for an Act to amend the Social Security Act
1991 and the Fair Work Act 2009, and for related
purposes
No. , 2014
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Newstart amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
3
Schedule 2--Work/life balance amendments
4
Fair Work Act 2009
4
No. , 2014
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
1
A Bill for an Act to amend the Social Security Act
1
1991 and the Fair Work Act 2009, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Security and Other Legislation
6
Amendment (Caring for Single Parents) Act 2014.
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
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
No. , 2014
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent.
3. Schedule 2
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 Schedule(s)
8
Each Act 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
Newstart amendments Schedule 1
No. , 2014
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
3
Schedule 1
--Newstart amendments
1
2
Social Security Act 1991
3
1 Paragraph 500D(2)(c)
4
Repeal the paragraph.
5
2 Section 500D (note)
6
After "Note", insert "1".
7
3 At the end of section 500D
8
Add:
9
Note 2:
The child referred to in subsection (2) must not have turned 16: see
10
paragraph 5(15)(b).
11
4 Subparagraph 1061PJ(2A)(b)(iii)
12
Omit "8", substitute "16".
13
5 Paragraph 1061ZDA(1)(b)
14
Omit "8", substitute "16".
15
Social Security (Administration) Act 1999
16
6 Section 242
17
Before "Payments", insert "(1)".
18
7 At the end of section 242
19
Add:
20
(2) Payments for the purposes of the 1991 Act, to the extent it was
21
amended by the Social Security and Other Legislation Amendment
22
(Caring for Single Parents) Act 2014, are to be made out of money
23
appropriated by the Parliament for the purpose of making the
24
payments.
25
Schedule 2 Work/life balance amendments
4
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
No. , 2014
Schedule 2
--Work/life balance 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 306E(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
Work/life balance amendments Schedule 2
No. , 2014
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
5
9 Section 146 (note)
1
Omit "65(5) or".
2
10 After paragraph 172(1)(c)
3
Insert:
4
(ca) matters pertaining to flexible working arrangements;
5
11 Subsection 186(6) (notes 1 and 2)
6
Omit "65(5) or".
7
12 After Part 2-7
8
Insert:
9
Part 2-7A--Flexible working arrangements
10
Division 1--Introduction
11
306A Guide to this Part
12
This Part provides processes for changing working arrangements.
13
Division 1 deals with preliminary matters.
14
Division 2 deals with requests for flexible working arrangements
15
for employees who are carers.
16
Division 3 provides for the making of flexible working
17
arrangements orders by FWA to ensure that employers comply
18
with this Part.
19
306B Meanings of employee and employer
20
In this Part, employee means a national system employee, and
21
employer means a national system employer.
22
Schedule 2 Work/life balance amendments
6
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
No. , 2014
306C State and Territory laws that are not excluded
1
(1) This Act is not intended to apply to the exclusion of laws of a State
2
or Territory that provide employee entitlements in relation to
3
flexible working arrangements, to the extent that those entitlements
4
are more beneficial to employees than the entitlements under this
5
Part.
6
(2) However, a law of a State or Territory has no effect in relation to
7
an employee to the extent that it provides an employee entitlement
8
in relation to flexible working arrangements that is inconsistent
9
with a term of an enterprise agreement that applies to the
10
employee.
11
Division 2--Requests for flexible working arrangements
12
306D Requests for flexible working arrangements--carers
13
Request for change for employee who is a carer
14
(1) An employee who has responsibility for the care of another person,
15
or an employee organisation that is entitled to represent the
16
employee, may request the employer to change the employee's
17
working arrangements to assist the employee to care for the other
18
person.
19
Note:
Examples of changes in working arrangements include changes in
20
hours of work, changes in patterns of work and changes in location of
21
work.
22
(2) Neither the employee, nor the organisation, is entitled to make the
23
request unless:
24
(a) for an employee other than a casual employee--the employee
25
has completed at least 12 months of continuous service with
26
the employer immediately before making the request; or
27
(b) for a casual employee--the employee:
28
(i) is a long term casual employee of the employer
29
immediately before making the request; and
30
(ii) has a reasonable expectation of continuing employment
31
by the employer on a regular and systematic basis.
32
Work/life balance amendments Schedule 2
No. , 2014
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
7
Formal requirements
1
(3) The request must:
2
(a) be in writing; and
3
(b) set out details of the change sought and of the reasons for the
4
change.
5
Responding to the request
6
(4) The employer must give the employee, or the employee
7
organisation (as the case requires), a written response to the request
8
within 21 days, stating whether the employer grants or refuses the
9
request.
10
(5) The employer may refuse the request only on serious
11
countervailing business grounds.
12
(6) If the employer refuses the request, the written response under
13
subsection (4) must include details of the reasons for the refusal.
14
Division 3--Flexible working arrangements orders
15
306E FWA may make flexible working arrangements order
16
Power to make flexible working arrangements order
17
(1) FWA may make any order (the flexible working arrangements
18
order) it considers appropriate to ensure that an employer complies
19
with section 306D.
20
Who may apply for flexible working arrangements order
21
(2) FWA may make a flexible working arrangements order only on
22
application by any of the following:
23
(a) an employee or organisation whose request under
24
subsection 306D(1) for a change in working arrangements
25
has been refused;
26
(b) an employee organisation that is entitled to represent an
27
employee covered by paragraph (a);
28
Schedule 2 Work/life balance amendments
8
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
No. , 2014
(c) the Age Discrimination Commissioner, the Disability
1
Discrimination Commissioner or the Sex Discrimination
2
Commissioner.
3
306F Implementation of flexible working arrangements in stages
4
A flexible working arrangements order may implement changed
5
working arrangements in such stages (as provided in the order) as
6
FWA thinks appropriate.
7
306G Contravening a working arrangements order
8
An employer must not contravene a term of a flexible working
9
arrangements order.
10
Note:
This section is a civil remedy provision (see Part 4-1).
11
306H Inconsistency with modern awards and enterprise agreements
12
(1) A term of a modern award has no effect in relation to an employee
13
to the extent that it is less beneficial to the employee than a term of
14
a flexible working arrangements order that applies to the employee.
15
(2) A term of a flexible working arrangements order has no effect in
16
relation to an employee to the extent that it is inconsistent with a
17
term of an enterprise agreement that applies to the employee.
18
13 Subsection 539(2) (after table item 9)
19
Insert:
20
21
Part 2-7A--Flexible working arrangements
9A
306G
(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
Circuit Court;
(c) an eligible State
or Territory court
60 penalty
units
Work/life balance amendments Schedule 2
No. , 2014
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
9
14 Subsection 545(1) (note 4)
1
Omit "65(5),".
2
15 After paragraph 557(2)(f)
3
Insert:
4
(fa) section 306G (which deals with contraventions of flexible
5
working arrangements orders);
6
16 After paragraph 576(1)(f)
7
Insert:
8
(fa) flexible working arrangements (Part 2-7A);
9
17 Paragraph 653(1)(c)
10
Repeal the paragraph, substitute:
11
(c) conduct research into the operation of the provisions of the
12
National Employment Standards relating to requests for
13
extensions of unpaid parental leave under subsection 76(1);
14
and
15
(ca) conduct research into the operation of Part 2-7A in relation to
16
requests for changed working arrangements; and
17
18 After paragraph 675(2)(e)
18
Insert:
19
(ea) a flexible working arrangements order;
20
19 At the end of subsection 716(1)
21
Add:
22
; (g) a term of a flexible working arrangements order.
23
20 Subsection 739(2)
24
Omit "65(5) or".
25
21 Subsection 739(2) (note)
26
Omit "65(5) or".
27
22 Subsection 740(2)
28
Omit "65(5) or".
29
Schedule 2 Work/life balance amendments
10
Social Security and Other Legislation Amendment (Caring for Single
Parents) Bill 2014
No. , 2014
23 Subsection 740(2) (note)
1
Omit "65(5) or".
2