WORKPLACE RELATIONS (RESTORING FAMILY WORK BALANCE) AMENDMENT BILL 2007

2004-2005-2006-2007

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Workplace Relations (Restoring Family Work Balance) Amendment Bill 2007

No. , 2007

(Senator Fielding)

A Bill for an Act to give back Australian workers their public holidays, meal breaks, penalty rates and overtime and to protect their redundancy, and for related purposes

Contents

A Bill for an Act to give back Australian workers their public holidays, meal breaks, penalty rates and overtime and to protect their redundancy, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Workplace Relations (Restoring Family Work Balance) Amendment Act 2007.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Objects

The objects of this Act are to amend the Workplace Relations Act 1996 to ensure that workers in Australia are guaranteed:

(a) a paid full day off in lieu paid at not less than a rate of time and one half for working on a public holiday; and

(b) a meal break after five hours of continuous work; and

(c) remuneration at not less than a rate of time and one half for working more time than their maximum ordinary hours of work; and

(d) the preservation of their existing redundancy entitlements; and

(e) a clear definition of ordinary hours of work.

4 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendment of the Workplace Relations Act 1996

1 After section 10

Insert:

10A Modification of preserved redundancy periods

If a party is bound by this Act by a preserved redundancy provision which provides for a preservation period of 12 months, notwithstanding any other provision of this Act, the preservation period is, by this section, extended to 5 years.

2 At the beginning of subsection 226(1)

Insert "Subject to subsection (1AA),".

3 After subsection 226(1)

Insert:

(1AA) For the purpose of the guarantee and for this Act, ordinary hours means, in addition to the meaning in paragraph (1)(a), hours of work between 6am and midnight.

4 At the end of subsection 226(4)

Add:

Note 2: If an employee is required or requested by an employer to work on a public holiday, an employee is entitled to a day off in lieu (see subsection 612(3A)).

5 After subsection 226(4)

Insert:

(4A) For the purposes of paragraph (1)(b), an employee who is required or requested by an employer to work:

(a) additional hours beyond the maximum ordinary hours of work in paragraph (1)(a); or

(b) additional hours between midnight and 6am;

must be paid at not less than time and one half the employee's rate of remuneration or any other higher applicable rate for overtime. This subsection must not be modified or excluded from an employee's workplace agreement.

6 Subsection 598A(3)

Omit "earliest", substitute "later".

7 Paragraph 598A(3)(a)

Omit "12 months", substitute "5 years".

8 At the end of section 607

Add:

This section must not be modified or excluded from an employee's workplace agreement.

9 Paragraph 608(b)

Repeal the paragraph.

10 Subsection 612(1)

Omit "(2) and (3)", substitute "(2), (3) and (3A)".

11 After subsection 612(3)

Insert:

(3A) In circumstances where an employee is required or requested to work on a public holiday and the employee does so in accordance with the employer's instruction, the employee is entitled to:

(a) where the employee worked a full day, a paid full day off in lieu paid at not less than a rate of time and one half as specified in subsection 226(4); and

(b) where the employee worked a part-time day, an equivalent amount of paid time off in lieu paid at not less than a rate of time and one half as specified in subsection 226(4).

Note: The employer and the employee must negotiate a day for the employee to take a paid full day off in lieu or a paid amount of time off in lieu, equivalent to the time worked, as soon as possible after the employer has required or requested the employee to work on a public holiday. Notification of an agreed date must be given by the employer to the employee in writing within 14 days after the relevant public holiday.

(3B) Subject to operational requirements, an employer must negotiate with an employee to ensure that the employee has the opportunity to take a paid full day off in lieu or a paid amount of time off in lieu, equivalent to the time worked, to which she or he is entitled within a reasonable time. This subsection must not be modified or excluded from an employee's workplace agreement.

Note: The following factors must be taken into account in determining "reasonable time" for the purposes of subsection 612(3B):

(a) the employee's personal circumstances; and

(b) the operational requirements of the workplace or enterprise; and

(c) the notice given by the employee of the employee's intention to take a full paid day off in lieu or a paid amount of time off in lieu, equivalent to the time worked; and

(d) the timing of other public holidays.

Schedule 1 Amendment of the Workplace Relations Act 1996

Amendment of the Workplace Relations Act 1996 Schedule 1

Workplace Relations (Restoring Family Work Balance) Amendment Bill 2007 No. , 2007

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Workplace Relations (Restoring Family Work Balance) Amendment Bill 2007 No. , 2007

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