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Fair Work Amendment (Protecting Take Home Pay of All Workers) Bill 2017

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2016-2017

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

Fair Work Amendment (Protecting Take Home Pay of All Workers) 2017

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

George Christensen MP



 

 

Fair Work Amendment (Protecting Take Home Pay of All Workers) 2017

 

 

OUTLINE

 

This Bill seeks to protect the take home pay of employees who are affected by proposed changes to award penalty rates.

The Bill negates the effect of the Sunday penalty rate reductions for employees in the retail, fast food, hospitality and pharmacy industries as set out in the decision by the Full Bench of the Fair Work Commission on February 23, 2017.

The Bill will also ensure that penalty rates are unable to be reduced in any future greenfields and non-greenfields enterprise agreements if an individual employee is worse off under the enterprise agreement than they would under the award, by virtue of the fact the individual employee works only or mainly on days on which penalty rates are paid.  

 

FINANCIAL IMPACT

 

The bill will have no financial impact.

 

 

NOTES ON CLAUSES

 

Clause 1: Short Title

Clause 1 provides for the Bill, once enacted, to be cited as the Fair Work Amendment (Protecting Take Home Pay of All Workers) Act 2017.

 

Clause 2: Commencement

Clause 2 provides for the Bill to commence on the day after the Act receives the Royal Assent.

 

Clause 3: Schedules

Clause 3 provides that legislation specified in a Schedule is amended or repealed as set out in that Schedule.

 

Schedule 1 - Amendments

Summary

The objective of the Bill is to ensure that the overall take-home pay of employees is not reduced by either by the Fair Work Commission decision handed down on February 23, 2017 or by future enterprise agreements.

 

 

Explanation of the changes

 

Item 1

 

Item 1 negates the effect of the Sunday penalty rate reductions for employees in the retail, fast food, hospitality and pharmacy industries as proposed by the Fair Work Commission on February 23, 2017.

 

Item 2

Item 2 ensures that penalty rates are unable to be reduced in any future greenfields and non-greenfields enterprise agreements if an individual employee is worse off under the enterprise agreement than they would under the award, by virtue of the fact the individual employee works only or mainly on days on which penalty rates are paid. 



STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

Fair Work Amendment (Protecting Take Home Pay of All Workers) 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 seeks to protect the take home pay of employees who are affected by proposed changes to award penalty rates.

The Bill negates the effect of the Sunday penalty rate reductions for employees in the retail, fast food, hospitality and pharmacy industries as set out in the decision by the Full Bench of the Fair Work Commission on February 23, 2017.

The Bill will also ensure that penalty rates are unable to be reduced in any future greenfields and non-greenfields enterprise agreements if an individual employee is worse off under the enterprise agreement than they would be under the award, by virtue of the fact the individual employee works only or mainly on days on which penalty rates are paid. 

 

Human rights implications

 

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

 

 

Conclusion

 

This bill is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

George Christensen MP