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Employment and Workplace Relations Amendment Bill 2009

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2008-2009

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Employment and Workplace Relations Amendment Bill 2008

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Clause 2, page 2 (after table item 1), insert:

1A.  Schedule 1, items 1 and 2

1 July 2009.

1 July 2009

(2)     Clause 2, page 2 (before table item 3), insert:

2A.  Schedule 1, items 6 and 7

The day on which this Act receives the Royal Assent.

 

2B.  Schedule 1, items 8 to 13

The day after this Act receives the Royal Assent.

 

(3)     Schedule 1, item 6, page 6 (line 19), omit “at or after the commencement of this item”, substitute “on or after 1 July 2009”.

(4)     Schedule 1, item 7, page 6 (lines 25 and 26), omit “at or after the commencement of this item”, substitute “on or after 1 July 2009”.

(5)     Schedule 1, page 6 (after line 28), at the end of the Schedule, add:

Seafarers Rehabilitation and Compensation Act 1992

8  Subsection 23(1) (definition of relevant amount )

Omit “29(3), (4) or (5),”.

Note:       The heading to section 23 is altered by adding at the end “ —Consumer Price Index ”.

9  After section 23

Insert:

23A   Indexation—Wage Price Index

Definitions

             (1)  In this section:

index number , in relation to a quarter, means:

                     (a)  the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) number published by the Australian Statistician in respect of that quarter; or

                     (b)  if:

                              (i)  a series of index numbers is prescribed for the purposes of this paragraph; and

                             (ii)  the Australian Statistician publishes an index number in respect of the quarter; and

                            (iii)  that index number belongs to the series;

                            that index number.

relevant amount means the amount specified in subsection 29(3), (4) or (5).

relevant year means:

                     (a)  the financial year starting on 1 July 2009; or

                     (b)  a later financial year.

Indexation

             (2)  If the indexation factor for a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:

                     (a)  if, because of one or more other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or

                     (b)  in any other case—the relevant amount.

Indexation factor

             (3)  For the purposes of this section, the indexation factor for a relevant year is the number calculated, to 3 decimal places, using the formula:

where:

base December quarter means the last December quarter before the reference December quarter.

reference December quarter means the last December quarter before the relevant year.

             (4)  If the number calculated under subsection (3) for a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the number so calculated is increased by 0.001.

Other provisions

             (5)  Subject to subsection (6), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number for a quarter in substitution for an index number previously published for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.

             (6)  If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for:

                     (a)  the Wage Price Index; or

                     (b)  another index;

then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to the index number published in terms of the new reference base.

10  Paragraphs 29(3)(a) and (4)(a)

Omit “$151,167.84”, substitute “$412,000”.

11  Subsection 29(5)

Omit “$50.38”, substitute “$113.30”.

12  Application—compensation for the benefit of dependants

(1)       The amendments made by items 8 and 9, to the extent that they relate to subsections 29(3) and (4) of the Seafarers Rehabilitation and Compensation Act 1992 , apply in relation to the death of an employee that occurs on or after 1 July 2009.

(2)       The amendment made by item 10 applies in relation to the death of an employee that occurs at or after the commencement of this item.

13  Application—compensation for the benefit of children

(1)       The amendments made by items 8 and 9, to the extent that they relate to subsection 29(5) of the Seafarers Rehabilitation and Compensation Act 1992 , apply in relation to a payment for a week that begins on or after 1 July 2009.

(2)       The amendment made by item 11 applies in relation to a payment for a week that begins at or after the commencement of this item.

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

14 May 2009