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Fair Work Amendment (COVID-19) Bill 2020

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8991

2019-2020

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Fair Work Amendment (COVID-19) Bill 2020

 

 

( 1 )     Schedule  1 , item  5 , page 5 (after line 27) , at the end of section  106H , add:

Note:          An employer may be able to receive payments from the Commonwealth to cover the employer’s payments to employees for paid COVID-19 leave, under rules made for the purposes of subsection 7(3) of the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 .

[payments for paid COVID-19 leave]

( 2 )     Schedule  1 , page 11 (after line 31) , at the end of the Schedule, add:

Part 3 Amendments relating to payments for paid COVID-19 leave

Coronavirus Economic Response Package (Payments and Benefits) Act 2020

18  Section 6

Insert:

paid COVID-19 leave has the meaning given by the Fair Work Act 2009 .

19  At the end of section 7

Add:

Payments to cover paid COVID-19 leave under the Fair Work Act 2009

             (3)  Without limiting subsection (1), the rules must make provision for and in relation to:

                     (a)  payments by the Commonwealth to an entity that is an employer, to reimburse the employer for payments the employer has paid to an employee taking a period of paid COVID-19 leave during the prescribed period in accordance with Subdivision CB of Division 7 of Part 2-2 of the Fair Work Act 2009 ; and

                     (b)  payments by the Commonwealth to an entity required to comply with a COVID-19 leave order (within the meaning of the Fair Work Act 2009 ), to reimburse the entity for payments the entity has paid to a worker taking a period of paid COVID-19 leave during the prescribed period in accordance with the order; and

                     (c)  the establishment of a scheme providing for matters relating to such payments and matters relating to such a scheme.

             (4)  Rules made for the purposes of subsection (3) must provide for the payments to be able to be made for:

                     (a)  periods that occurred between 1 March 2020 and immediately before the commencement of subsection (3); and

                     (b)  periods that begin on or after the commencement of that subsection.

Note:          Subsection (3) commences on the day Schedule 1 to the Fair Work Amendment (COVID-19) Act 2020 commences.

             (5)  The Treasurer must make rules for the purposes of subsection (3) as soon as practicable, and in any event within 21 days, after the commencement of that subsection.

             (6)  To avoid doubt:

                     (a)  rules made for the purposes of subsection (3) may include eligibility criteria that exclude an entity from eligibility for a payment from the Commonwealth mentioned in paragraph (3)(a) or (b) if the entity is eligible for another kind of payment in respect of the employee or worker under the rules or another law; and

                     (b)  rules made for the purposes of subsection (1) in relation to other kinds of payments by the Commonwealth may include eligibility criteria that exclude an entity from eligibility for such other payments on the basis that the entity is eligible for paid COVID-19 leave or a payment under rules made for the purposes of subsection (3).

[payments for paid COVID-19 leave]