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Fair Work Amendment (Protecting Weekend Pay and Penalty Rates) Bill 2017

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2017

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

Fair Work Amendment (Protecting Weekend Pay and Penalty Rates) Bill 2017

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

(Adam Bandt)



Fair Work Amendment (Protecting Weekend Pay and Penalty Rates) Bill 2017

 

 

OUTLINE

 

This bill amends the Fair Work Act 2009 to protect penalty rates in a modern award from being varied to make the penalty rate lower than in force under the award on 1 January 2017. The provisions of this bill will prevent the FWC determination on 23 February 2017 varying penalty rates from coming into effect.

 

FINANCIAL IMPACT

 

The bill will have no financial impact.

 

NOTES ON CLAUSES

 

Clause 1 - Short title

 

Sets the title of the Act.

 

Clause 2 - Commencement

 

States the Act will commence on the day it receives the Royal Assent.

 

Clause 3 - Schedules

 

Clause 3 gives effect to the Schedules. It provides that legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 - Amendments to the Fair Work Act 2009

 

Item 1 - After section 135

 

Adds subsection 135A:

 

(1)   prescribes penalty rates in a modern award cannot be varied to make the penalty rate lower than in force under the award on 1 January 2017.

(2)   a determination of the FWC has no effect if it varies a modern award so that penalty rates in the award are lower than in force under the award on 1 January 2017.

 

Item 2 - Application of amendments

 

The amendments apply to any determination made by the FWC varying a penalty rate in a modern award on or after 22 nd January 2017.

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Fair Work Amendment (Protecting Weekend Pay and Penalty Rates) Bill 2017

 

This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the bill

 

This bill amends the Fair Work Act 2009 to protect penalty rates in a modern award from being varied to make the penalty rate lower than in force under the award on 1 January 2017. The provisions of this bill will prevent the FWC determination on 23 February 2017 varying penalty rates from coming into effect.

 

Human rights implications

 

This bill does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This bill is compatible with human rights because it does not raise any human

rights issues.

 

Adam Bandt MP