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5       Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Bill 2017

Order of the day read for the adjourned debate on the motion—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

 

 

 

In the committee

Bill taken as a whole by leave.

Senator Cameron moved the following amendments together by leave:

Clause 2 , page 2 (table item 3 , column headed “ Provisions ”), omit “ 3 and 4 ”, substitute “ 3, 4 and 5 ”.

Page 19 (after line 23) , at the end of the bill, add:

Schedule 5 Protecting take-home pay for all workers

Fair Work Act 2009

1  At the end of Division 2 of Part 2-3

Add:

135B   Protecting penalty rates

     (1)   A penalty rate in a modern award cannot be varied to make the penalty rate lower than that in force under the award on 30 June 2017.

     (2)   From the commencement day, a determination of the FWC made on or after 22 February 2017 that would reduce a penalty rate in a modern award so that the penalty rate would be lower than that in force under the award on 30 June 2017 has no effect.

     (3)   In this section:

commencement day means the day on which Schedule 5 to the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2017 commences.

2  At the end of section 193

Add:

Effect of removing or reducing penalty rates—award covered employees

     (8)   Despite anything else in this section, an enterprise agreement that is not a greenfields agreement does not pass the better off overall test under this section if:

                              (a)  a penalty rate under the relevant modern award for an award covered employee, or a prospective award covered employee, is removed or reduced under the agreement; and

                              (b)  because the employee usually works, or will usually work, on a day in relation to which a penalty rate is payable under the relevant modern award, the removal or reduction in the penalty rate disproportionately affects the employee as compared with employees who do not usually work on that day.

Effect of removing or reducing penalty rates—prospective award covered employees

     (9)   Despite anything else in this section, a greenfields agreement does not pass the better off overall test under this section if:

                              (a)  a penalty rate under the relevant modern award for a prospective award covered employee is removed or reduced under the agreement; and

                              (b)  because the employee will usually work on a day in relation to which a penalty rate is payable under the relevant modern award, the removal or reduction in the penalty rate will disproportionately affect the employee as compared with employees who will not usually work on that day.

3  Application of item 2

The amendment made by item 2 of this Schedule applies in relation to enterprise agreements made on or after the commencement of the item.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 35

Senators—

Bartlett

Farrell

Lines

Rice

Bilyk

Gallacher

McAllister

Siewert

Burston

Gallagher

McCarthy

Singh

Cameron

Georgiou

McKim

Steele-John

Carr

Griff

Moore

Sterle

Chisholm

Hanson-Young

O’Neill

Urquhart*

Dastyari

Hinch

Patrick

Watt

Di Natale

Ketter

Polley

Whish-Wilson

Dodson

Kitching

Rhiannon

 

 

 

NOES, 25

Senators—

Abetz

Duniam

McGrath

Ruston

Anning

Fawcett

McKenzie

Ryan

Bernardi

Fierravanti-Wells

O’Sullivan

Scullion

Birmingham

Hume

Paterson

Seselja

Brockman

Leyonhjelm

Payne

Smith*

Bushby

Macdonald

Reynolds

Williams

Cash

 

* Tellers

Question agreed to.

Question—That the bill, as amended, be agreed to—put.

The committee divided—

AYES, 34

Senators—

Anning

Farrell

McAllister

Rice

Bartlett

Gallacher

McCarthy

Siewert

Bilyk

Gallagher

McKim

Singh

Cameron

Griff

Moore

Steele-John

Carr

Hanson-Young

O’Neill

Sterle

Chisholm

Hinch

Patrick

Urquhart*

Dastyari

Ketter

Polley

Watt

Di Natale

Kitching

Rhiannon

Whish-Wilson

Dodson

Lines

 

 

 

NOES, 26

Senators—

Abetz

Duniam

McGrath

Ruston

Bernardi

Fawcett

McKenzie

Ryan

Birmingham

Fierravanti-Wells

O’Sullivan

Scullion

Brockman

Georgiou

Paterson

Seselja

Burston

Hume

Payne

Smith*

Bushby

Leyonhjelm

Reynolds

Williams

Cash

Macdonald

 

* Tellers

Question agreed to.

Bill to be reported with amendments.

 

 

 

The Deputy President (Senator Lines) resumed the chair and the Chair of Committees reported accordingly.

On the motion of the Minister for Employment (Senator Cash) the report from the committee was adopted.

Senator Cash moved—That this bill be now read a third time.

Debate ensued.

Question put.

The Senate divided—

AYES, 32

Senators—

Bartlett

Farrell

Lines

Rice

Bilyk

Gallacher

McAllister

Siewert

Cameron

Gallagher

McKim

Singh

Carr

Griff

Moore

Steele-John

Chisholm

Hanson-Young

O’Neill

Sterle

Dastyari

Hinch

Patrick

Urquhart*

Di Natale

Ketter

Polley

Watt

Dodson

Kitching

Rhiannon

Whish-Wilson

 

 

NOES, 27

Senators—

Abetz

Cash

Leyonhjelm

Reynolds

Anning

Duniam

Macdonald

Ruston

Bernardi

Fawcett*

McGrath

Ryan

Brockman

Fierravanti-Wells

McKenzie

Scullion

Burston

Fifield

O’Sullivan

Seselja

Bushby

Georgiou

Paterson

Williams

Canavan

Hume

Payne

 

* Tellers

Question agreed to.

Bill read a third time.