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Fair Work Bill 2009

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5745

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Fair Work Bill 2008

 

 

Flexibility terms to be optional

(1)     Clause 144, page 140 (line 7), omit “must”, substitute “may”.

(2)     Clause 144, page 140 (after line 11), after subclause (1), insert:

          (1A)  FWA is to include a flexibility term if it considers it appropriate for the industries or occupations covered by the award.

(3)     Clause 144, page 141 (after line 9), after subclause (4), insert:

Individual flexibility arrangement must not be a condition of employment

          (4A)  The requirement for genuine agreement in paragraph (4)(b) includes a prohibition on an individual flexibility arrangement being put forward by the employer as a condition of employment.

(4)     Clause 201, page 187 (line 2), omit “taken”, substitute “agreed”.

(5)     Heading to Division 5, page 188 (line 2), omit the heading, substitute “ Division 5—Flexibility terms and consultation terms ”.

(6)     Heading to clause 202, page 188 (line 3), omit the heading, substitute “ 202   Enterprise agreements may include a flexibility term ”.

(7)     Heading to subclause 202(1), page 188 (line 4), omit the heading, substitute “ Enterprise agreement may include a flexibility term ”.

(8)     Clause 202, page 188 (line 5), omit “must”, substitute “may”.

(9)     Clause 202, page 188 (lines 25 and 26), omit subclause (4), substitute:

             (4)  An employee and employer may agree to include the model flexibility term in an enterprise agreement.

(10)   Clause 203, page 189 (after line 19), after subclause (3), insert:

Individual flexibility arrangement must not be a condition of employment

          (3A)  The requirement for genuine agreement in subsection (3) includes a prohibition on an individual flexibility arrangement being put forward by the employer as a condition of employment.

(11)   Clause 265, page 237 (line 14), after “subsection 264(1)”, insert “and allowed by section 274A”.

(12)   Clause 268, page 240 (line 9), after “subsection 267(1)”, insert “and allowed by section 274A”.

(13)   Clause 271, page 243 (line 35), after “subsection 270(1)”, insert “and allowed by section 274A”.

(14)   Clause 273, page 245 (lines 18 to 23), omit subclause (4).

(15)   Page 246 (after line 25), after clause 274, insert:

274A  Workplace determination may include flexibility term

             (1)  A workplace determination may include a flexibility term that would, if the workplace determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203 (which deal with flexibility terms in enterprise agreements.

             (2)  FWA may decide to include the model flexibility term in the determination.

                Note:        The factors FWA must take into account in deciding terms of a workplace determination are set out in section 275.

Individual flexibility arrangements to be lodged with FWA

(16)   Clause 144, page 141 (after line 13), at the end of the clause, add:

             (6)  The employer must lodge with FWA a copy of any individual flexibility arrangement within 14 days of the arrangement being signed in accordance with paragraph (4)(e).

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (7)  FWA must make publicly available on request copies of individual flexibility arrangements lodged in accordance with subsection (6), with information that would identify the parties to the arrangement removed.

(17)   Clause 203, page 190 (after line 19), at the end of the clause, add:

             (8)  The employer must lodge with FWA a copy of any individual flexibility arrangement within 14 days of the arrangement being signed in accordance with paragraph (7)(a).

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (9)  FWA must make publicly available on request copies of individual flexibility arrangements lodged in accordance with subsection (8), with information that would identify the parties to the arrangement removed.

(18)   Clause 539, page 429 (after table item 4), insert:

Part 2-3—Modern awards

4A

144(6)

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court

60 penalty units

(19)   Clause 539, page 430 (after table item 5), insert:

5A

203(8)

(a) an employee;

(b) an employee organisation;

(c) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court

60 penalty units