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2022
The Parliament of the
Commonwealth of Australia
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022
(Government)
(1) Clause 2, page 5 (at the end of the table), add:
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36. Schedule 1, Part 28, Division 1 |
The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Schedule 1 to the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 . |
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37. Schedule 1, Part 28, Division 2 |
The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Schedule 2 to the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 . |
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[paid family and domestic violence leave]
(2) Schedule 1, item 371, page 86 (line 21), omit “relating to”, substitute “that the President considers might relate to”.
[Expert Panels]
(3) Schedule 1, item 371, page 86 (line 28), omit “relating to”, substitute “that the President considers might relate to”.
[Expert Panels]
(4) Schedule 1, item 371, page 87 (line 5), omit “relating to”, substitute “that the President considers might relate to”.
[Expert Panels]
(5) Schedule 1, item 371, page 87 (line 11), omit “relating to”, substitute “that the President considers might relate to”.
[Expert Panels]
(6) Schedule 1, item 371, page 87 (line 17), omit “relating to”, substitute “that the President considers might relate to”.
[Expert Panels]
(7) Schedule 1, item 371, page 87 (after line 22), after subsection 617(10), insert:
President’s considerations
(10A) For the purposes of subsections (6), (7), (8), (9) and (10), if the President considers that an equal remuneration order, determination or modern award might relate to the Care and Community Sector, it does not matter if the President considers that the equal remuneration order, determination or modern award might also relate to another sector.
[Expert Panels]
(8) Schedule 1, item 372, page 88 (before line 1), before section 617A, insert:
617AA Full Bench and Expert Panel with identical membership
(1) This section applies if a Full Bench and an Expert Panel consist of the same FWC Members.
(2) In performing its functions or exercising its powers, the Full Bench is not limited by:
(a) the functions or powers of the Expert Panel; or
(b) the purposes for which the Expert Panel was constituted.
(3) In performing its functions or exercising its powers, the Expert Panel is not limited by the functions or powers of the Full Bench.
(4) Without limiting subsection (2) or (3), a reference in this section to performing a function or exercising a power includes a reference to the following:
(a) making a determination or modern award under subsection 157(1);
(b) making a determination under subsection 157(2);
(c) making an equal remuneration order under section 302;
(d) performing a function or exercising a power under section 159, 160 or 161 (about variations of modern awards).
(5) This section is enacted for the avoidance of doubt.
[Expert Panels]
(9) Schedule 1, item 437, page 118 (line 24), omit “ After Part 6-4C ”, substitute “ Before Part 6-5 ”.
[technical correction]
(10) Schedule 1, item 437, page 119 (line 1), omit “ Part 6-4D ”, substitute “ Part 6-4E ”.
[technical correction]
(11) Schedule 1, item 441, page 123 (lines 32 to 33), omit subparagraph 333E(5)(d)(ii), substitute:
(ii) the current contract contains an option for renewal or extension;
(iia) the previous contract contained an option for extension that has been exercised;
[fixed term contracts]
(12) Schedule 1, item 463, page 135 (lines 18 to 25), omit subsection 65B(4), substitute:
(4) If a dispute is referred under subsection (3):
(a) the FWC must first deal with the dispute by means other than arbitration, unless there are exceptional circumstances; and
(b) the FWC may deal with the dispute by arbitration in accordance with section 65C.
Note: For the purposes of paragraph (a), the FWC may deal with the dispute as it considers appropriate. The FWC commonly deals with disputes by conciliation. The FWC may also deal with the dispute by mediation, making a recommendation or expressing an opinion (see subsection 595(2)).
[flexible work—dispute resolution]
(13) Schedule 1, item 463, page 136 (lines 14 to 20), omit paragraphs 65C(1)(c) to (e), substitute:
(e) if the FWC is satisfied that the employer has not responded, or has not responded adequately, to the employee’s request under section 65A—an order that the employer take such further steps as the FWC considers appropriate, having regard to the matters in section 65A;
[flexible work—arbitration orders]
(14) Schedule 1, item 463, page 136 (after line 26), at the end of subsection 65C(1), add:
Note: An order by the FWC under paragraph (e) could, for example, require the employer to give a response, or further response, to the employee’s request, and could set out matters that must be included in the response or further response.
[flexible work—arbitration orders]
(15) Schedule 1, Part 11, page 138 (after line 9), at the end of the Part, add:
Division 5—Pregnancy
Fair Work Act 2009
469A Before paragraph 65(1A)(a)
Insert:
(aa) the employee is pregnant;
[flexible work—pregnancy]
(16) Schedule 1, page 160 (after line 6), after item 488, insert:
488A Section 12
Insert:
voting request order : see subsections 240A(1) and (2).
[agreement of bargaining representatives]
(17) Schedule 1, item 506B, page 162 (lines 12 to 16), omit subsection 180A(2), substitute:
(2) An employer must not request under subsection 181(1) that employees approve the enterprise agreement by voting for it unless:
(a) each bargaining representative for the enterprise agreement that is an employee organisation has provided the employer with written agreement to the making of the request; or
(b) a voting request order permits the employer to make the request.
Note: Voting request orders can be made where failure to provide written agreement to the making of a request is unreasonable in the circumstances (see section 240B).
[agreement of bargaining representatives]
(18) Schedule 1, item 511A, page 166 (lines 10 to 13), omit subsection 207A(2), substitute:
(2) An employer must not request under subsection 208(1) that employees approve the variation by voting for it unless:
(a) each employee organisation covered by the enterprise agreement has provided the employer with written agreement to the making of the request; or
(b) a voting request order permits the employer to make the request.
Note: Voting request orders can be made where failure to provide written agreement to the making of a request is unreasonable in the circumstances (see section 240B).
[agreement of bargaining representatives]
(19) Schedule 1, page 167 (after line 15), after item 519, insert:
519A At the end of Division 8 of Part 2-4
Add:
Subdivision E — Voting request orders
240A Application to FWC for voting request order
Proposed multi-enterprise agreement
(1) After the notification time for a proposed multi-enterprise agreement, a bargaining representative for the enterprise agreement may apply to the FWC for an order (a voting request order ) permitting an employer to make a request under subsection 181(1) that employees approve the enterprise agreement by voting for it if:
(a) each bargaining representative for the enterprise agreement that is an employee organisation has been asked to provide the employer with written agreement to the making of the request; and
(b) one or more of the employee organisations has failed to provide the written agreement.
Variation of multi-enterprise agreement
(2) A person referred to in subsection (3) may apply to the FWC for an order (also a voting request order ) permitting an employer to make a request under subsection 208(1) that employees approve a variation of a multi-enterprise agreement by voting for it if:
(a) each employee organisation covered by the enterprise agreement has been asked to provide the employer with written agreement to the making of the request; and
(b) one or more of the employee organisations has failed to provide the written agreement.
(3) The persons are the following:
(a) an employer covered by the enterprise agreement;
(b) an employee organisation covered by the enterprise agreement;
(c) an affected employee for the variation.
240B FWC must make voting request order
The FWC must, on application under subsection 240A(1) or (2), make a voting request order permitting an employer to make a request if the FWC is satisfied that:
(a) for each employee organisation that has failed to provide written agreement to the making of the request, the failure was unreasonable in the circumstances; and
(b) if the request relates to approval of a proposed enterprise agreement—the making of the request by the employer would not be inconsistent with or undermine good faith bargaining for the enterprise agreement.
[agreement of bargaining representatives]
(20) Schedule 1, page 169 (before line 3), before item 525, insert:
524A Section 12 (definition of prospective award covered employee )
Repeal the definition.
524B Section 12
Insert:
reasonably foreseeable employee for an enterprise agreement: see subsection 193(5).
[better off overall test]
(21) Schedule 1, item 526, page 170 (lines 6 and 7), omit the item, substitute:
526 Subsection 193(1)
Omit “prospective award covered”, substitute “reasonably foreseeable”.
526A At the end of subsection 193(1)
Add:
Note 1: Reasonably foreseeable employee is defined in subsection (5).
Note 2: Section 193A sets out rules for applying the better off overall test, including requiring the FWC to only have regard to patterns or kinds of work, or types of employment, that are reasonably foreseeable at the test time (see subsection 193A(6)).
526B Subsection 193(3)
Omit “prospective award covered”, substitute “reasonably foreseeable”.
526C Subsection 193(5) (heading)
Repeal the heading, substitute:
Reasonably foreseeable employee
526D Subsection 193(5)
Omit “ prospective award covered ”, substitute “ reasonably foreseeable ”.
[better off overall test]
(22) Schedule 1, item 528, page 170 (lines 17 and 18), omit “who is covered by the agreement at the test time”, substitute “concerned”.
[better off overall test]
(23) Schedule 1, item 528, page 170 (lines 26 to 28), omit subsection 193A(2A).
[better off overall test]
(24) Schedule 1, item 528, page 171 (line 20), at the end of subsection 193A(6), add “ In considering what is reasonably foreseeable, the FWC must have regard to the nature of the enterprise or enterprises to which the agreement relates. ”.
[better off overall test]
(25) Schedule 1, item 528, page 171 (after line 20), after subsection 193A(6), insert:
(6A) The FWC must determine whether a particular pattern or kind of work, or type of employment, is reasonably foreseeable for the purposes of subsection (6) if a view is expressed by any of the following that it is, or is not, reasonably foreseeable:
(a) the employer or employers that are covered by the agreement;
(b) if the agreement is not a greenfields agreement—the award covered employees for the agreement;
(c) in any case—a bargaining representative for the agreement.
[better off overall test]
(26) Schedule 1, item 531, page 172 (line 24), at the end of subsection 211(4A), add:
; and (c) the words “if the agreement is not a greenfields agreement—” in paragraph (6A)(b) were omitted; and
(d) the words “in any case—a bargaining representative for the agreement” in paragraph (6A)(c) were omitted and the words “the employee organisation or employee organisations that are covered by the agreement” were substituted.
[better off overall test]
(27) Schedule 1, item 534, page 174 (line 5), omit “or (3)”.
[better off overall test]
(28) Schedule 1, item 534, page 174 (line 26) to page 175 (line 4), omit subsection 227A(3).
[better off overall test]
(29) Schedule 1, item 534, page 176 (line 3), at the end of subsection 227B(2), add:
; and (g) the words “if the agreement is not a greenfields agreement—” in paragraph 193A(6A)(b) were omitted; and
(h) the words “in any case—a bargaining representative for the agreement” in paragraph 193A(6A)(c) were omitted and the words “the employee organisation or employee organisations that are covered by the agreement” were substituted.
[better off overall test]
(30) Schedule 1, item 534, page 176 (line 21), omit paragraph 227B(4)(b), substitute:
(b) if another day is specified in the amendment (which may be a day before the amendment is made)—that other day.
[better off overall test]
(31) Schedule 1, item 534, page 176 (after line 21), at the end of section 227B, add:
[better off overall test]
(32) Schedule 1, item 534, page 177 (after line 13), at the end of Division 7A, add:
227E No creation of liability to pay pecuniary penalty for past conduct
Application of this section
(1) This section applies if an amendment of an enterprise agreement made under paragraph 227B(3)(b) has a retrospective effect because it comes into operation on a day before the day on which the amendment is made.
No creation of liability to pay pecuniary penalty for past conduct
(2) If:
(a) a person engaged in conduct before the amendment was made; and
(b) but for the retrospective effect of the amendment, the conduct would not have contravened a term of the enterprise agreement;
a court must not order a person to pay a pecuniary penalty under Division 2 of Part 4-1 in relation to the conduct, on the grounds that the conduct contravened a term of an enterprise agreement.
Note: This section does not affect the powers of a court to make other kinds of orders under Division 2 of Part 4-1.
[better off overall test]
(33) Schedule 1, Part 16, page 177 (after line 13), at the end of the Part, add:
534A Subsection 546(1) (note)
Omit “Note”, substitute “Note 1”.
534B At the end of subsection 546(1)
Add:
Note 2: Pecuniary penalty orders cannot be made in relation to conduct that contravenes a term of an enterprise agreement only because of the retrospective effect of an amendment made under paragraph 227B(3)(b) (see subsection 227E(2)).
[better off overall test]
(34) Schedule 1, page 187 (after line 18), after item 552, insert:
552A After paragraph 275(c)
Insert:
(ca) the significance, to those employers and employees, of any arrangements or benefits in an enterprise agreement that, immediately before the determination is made, applies to any of the employers in respect of any of the employees;
[relevance of existing arrangements to making of workplace determination]
(35) Schedule 1, item 584, page 195 (lines 1 to 8), to be opposed .
[industrial action—period for protected action ballot]
(36) Schedule 1, item 597, page 202 (line 8), omit “paragraph 243(1)(c)”, substitute “paragraphs 243(1)(c) and (2A)(a)”.
[supported bargaining]
(37) Schedule 1, item 597, page 202 (line 14), at the end of section 216AC, add:
; (d) as if all of the words in paragraph 243(2A)(b) were replaced with the words “the affected employees are, at the time the application for approval of the variation is being considered, employees in an industry, occupation or sector declared by the Minister under subsection (2B)”.
[supported bargaining]
(38) Schedule 1, item 611, page 208 (line 3), omit the heading to subsection 243(1), substitute:
Supported bargaining authorisation—main case
[supported bargaining]
(39) Schedule 1, item 611, page 208 (after line 23), at the end of subsection 243(1), add:
Note: This subsection is subject to section 243A (restrictions on making supported bargaining authorisations).
[supported bargaining]
(40) Schedule 1, item 611, page 208 (after line 32), after subsection 243(2), insert:
Supported bargaining authorisation—declared industry etc.
(2A) The FWC must also make a supported bargaining authorisation in relation to a proposed multi-enterprise agreement if:
(a) an application for the authorisation has been made; and
(b) the employees specified in the application are employees in an industry, occupation or sector declared by the Minister under subsection (2B).
Note: This subsection is subject to section 243A (restrictions on making supported bargaining authorisations).
(2B) The Minister may, by legislative instrument, declare an industry, occupation or sector, if the Minister is satisfied that doing so is consistent with the objects of this Division set out in section 241.
[supported bargaining]
(41) Schedule 1, item 611, page 209 (before line 8), before subsection 243A(1), insert:
Relationship between this section and section 243
(1A) Section 243 has effect subject to this section.
[supported bargaining]
(42) Schedule 1, item 614, page 210 (lines 3 to 11), omit subsection 244(4), substitute:
(4) If an application is made under subsection (3), the FWC must vary the authorisation to add the employer’s name if the FWC is satisfied that it is in the public interest to do so, taking into account:
(a) if the employer’s employees are in an industry, occupation or sector declared by the Minister under subsection 243(2B)—the declaration; and
(b) if paragraph (a) of this subsection does not apply—the matters set out in paragraph 243(1)(b); and
(c) any other matters the FWC considers appropriate.
(4A) Despite subsection (4), the FWC must not vary the authorisation if subsection 243A(1) (employees covered by single-enterprise agreement that has not passed nominal expiry date) would prevent the FWC from making a supported bargaining authorisation specifying the employees.
[supported bargaining]
(43) Schedule 1, item 629, page 216 (line 25), omit “met.”, substitute “met; and”.
[single interest employer authorisations]
(44) Schedule 1, item 629, page 216 (after line 25), at the end of paragraph 216DC(1)(b), add:
(v) if the requirements of subsection (3) are met—the operations and business activities of the employer are reasonably comparable with those of the other employers who are covered by the agreement.
(1AA) If:
(a) the application for approval of the variation was made by an employee organisation under section 216DB; and
(b) the employer that will be covered by the agreement employed 50 employees or more at the time that the application was made;
it is presumed for the purposes of subparagraph (1)(b)(v) that the operations and business activities of the employer are reasonably comparable with those of the other employers that are covered by the agreement, unless the contrary is proved.
[single interest employer authorisations]
(45) Schedule 1, item 629, page 216 (lines 28 and 29), omit paragraph 216DC(1A)(a), substitute:
(a) the employer that will be covered by the agreement employed at least 20 employees at the time that the application for approval of the variation was made; and
[single interest employer authorisations]
(46) Schedule 1, item 629, page 218 (after line 4), after subsection 216DC(3A), insert:
(3AB) If:
(a) the application for approval of the variation was made by an employee organisation under section 216DB; and
(b) the employer that will be covered by the agreement employed 50 employees or more at the time that the application was made;
it is presumed that the requirements of subsection (3) are met, unless the contrary is proved.
Calculating number of employees
(3AC) For the purposes of calculating the number of employees referred to in paragraph (1AA)(b), (1A)(a) or (3AB)(b):
(a) employee has its ordinary meaning; and
(b) subject to paragraph (c), all employees employed by the employer at the time that the application was made are to be counted; and
(c) a casual employee is not to be counted unless, at that time, the employee is a regular casual employee of the employer; and
(d) associated entities of the employer are taken to be one entity.
[single interest employer authorisations]
(47) Schedule 1, item 629, page 218 (line 18), omit “6 months”, substitute “9 months”.
[single interest employer authorisations]
(48) Schedule 1, item 633A, page 222 (line 10), omit “met.”, substitute “met; and”.
[single interest employer authorisations]
(49) Schedule 1, item 633A, page 222 (after line 10), at the end of paragraph 249(1)(b), add:
(vi) if the requirements of subsection (3) are met—the operations and business activities of each of those employers are reasonably comparable with those of the other employers that will be covered by the agreement.
(1AA) If:
(a) the application for the authorisation was made by a bargaining representative under paragraph 248(1)(b); and
(b) an employer that will be covered by the agreement employed 50 employees or more at the time that the application was made;
it is presumed that the operations and business activities of the employer are reasonably comparable with those of the other employers that will be covered by the agreement, unless the contrary is proved.
[single interest employer authorisations]
(50) Schedule 1, item 633A, page 222 (line 20), omit paragraph 249(1B)(a), substitute:
(a) the employer employed at least 20 employees at the time that the application for the authorisation was made; and
[single interest employer authorisations]
(51) Schedule 1, item 634A, page 223 (after line 33), after subsection 249(3A), insert:
(3AB) If:
(a) the application for the authorisation was made by a bargaining representative under paragraph 248(1)(b); and
(b) an employer that will be covered by the agreement employed 50 employees or more at the time that the application was made;
it is presumed that the requirements of subsection (3) are met in relation to that employer, unless the contrary is proved.
Calculating number of employees
(3AC) For the purposes of calculating the number of employees referred to in paragraph (1AA)(b), (1B)(a) or (3AB)(b):
(a) employee has its ordinary meaning; and
(b) subject to paragraph (c), all employees employed by the employer at the time that the application for the authorisation was made are to be counted; and
(c) a casual employee is not to be counted unless, at that time, the employee is a regular casual employee of the employer; and
(d) associated entities of the employer are taken to be one entity.
[single interest employer authorisations]
(52) Schedule 1, item 636A, page 224 (line 30), omit “6 months”, substitute “9 months”.
[single interest employer authorisations]
(53) Schedule 1, item 637, page 225 (lines 14 to 23), omit subsection 251(2), substitute:
(2) The FWC must vary the authorisation to remove the employer’s name if:
(a) an application has been made under subsection (1); and
(b) the requirements of either subsection (2A) or (2B) are met.
(2A) The requirements of this subsection are met if the FWC is satisfied that:
(a) the employers specified in the authorisation and the bargaining representatives of the employees of those employers have had an opportunity to express to the FWC their views (if any) on the application; and
(b) because of a change in the employer’s circumstances, it is no longer appropriate for the employer to be specified in the authorisation.
(2B) The requirements of this subsection are met if:
(a) the application was made by a bargaining representative of an employee who will be covered by the proposed enterprise agreement to which the authorisation relates; and
(b) the FWC is satisfied that:
(i) the employer (the relevant employer ) whose name is proposed to be removed employed fewer than 50 employees at the time that the application was made; and
(ii) the employers specified in the authorisation and the bargaining representatives of the employees of those employers have had the opportunity to express to the FWC their views (if any) on the application; and
(iii) the employees (the relevant employees ) who are employed by the relevant employer and that would be covered by the proposed enterprise agreement to which the authorisation relates have, on request by the bargaining representative, approved the removal of the relevant employer’s name by voting for the removal; and
(iv) there are no reasonable grounds for believing that the removal of the relevant employer’s name has not been genuinely approved by the relevant employees.
Note: A person must not coerce another person to exercise a workplace right in a particular way (see section 343).
(2C) Without limiting subparagraph (2B)(b)(iii), the bargaining representative may request that the relevant employees vote by ballot or by an electronic method.
(2D) For the purposes of subparagraph (2B)(b)(iii), the relevant employees are taken to have approved the removal of the employer’s name if:
(a) at least 50% of the relevant employees cast a vote; and
(b) more than 50% of the valid votes were votes approving the removal.
[single interest employer authorisations]
(54) Schedule 1, item 638, page 226 (line 21), omit “added.”, substitute “added; and”.
[single interest employer authorisations]
(55) Schedule 1, item 638, page 226 (after line 21), at the end of paragraph 251(4)(b), add:
(v) if the requirements of subsection 249(3) would continue to be met if the new employer’s name were added—the operations and business activities of the new employer are reasonably comparable with those of the employers specified in the authorisation.
(4A) If:
(a) the application for approval of the variation was made by a bargaining representative under paragraph (3)(b) of this section; and
(b) the new employer employed 50 employees or more at the time that the application was made; and
(c) the requirements of subsection 249(2) do not apply to the new employer;
then the following matters are presumed, unless the contrary is proved:
(d) that the requirements of subsection 249(3) would continue to be met if the new employer’s name were added;
(e) that, for the purposes of subparagraph (4)(b)(v) of this section, the operations and business activities of the new employer are reasonably comparable with those of the other employers that are specified in the authorisation.
[single interest employer authorisations]
(56) Schedule 1, item 638, page 226 (line 25), omit paragraph 251(5)(a), substitute:
(a) the new employer employed at least 20 employees at the time that the application for the variation was made; and
[single interest employer authorisations]
(57) Schedule 1, item 638, page 227 (after line 1), after subsection 251(5), insert:
(5A) For the purposes of calculating the number of employees referred to in subparagraph (2B)(b)(i) or paragraph (4A)(b) or (5)(a):
(a) employee has its ordinary meaning; and
(b) subject to paragraph (c), all employees employed by the new employer at the time that the application for the variation was made are to be counted; and
(c) a casual employee is not to be counted unless, at that time, the employee is a regular casual employee of the new employer; and
(d) associated entities of the new employer are taken to be one entity.
[single interest employer authorisations]
(58) Schedule 1, item 638, page 227 (line 31), omit “6 months”, substitute “9 months”.
[single interest employer authorisations]
(59) Schedule 1, item 651B, page 238 (lines 11 to 14), omit paragraph 23B(1)(a), substitute:
(a) the work is done, onsite, by an employee in the industry of:
(i) general building and construction within the meaning of paragraph 4.3(a) of the Building and Construction General On-site Award 2020 as in force at the applicable time; or
(ii) civil construction within the meaning of paragraph 4.3(b) of the Building and Construction General On-site Award 2020 as in force at the applicable time; and
[excluded work]
(60) Schedule 1, item 651B, page 238 (lines 16 to 19), omit subparagraph 23B(1)(b)(i).
[excluded work]
(61) Schedule 1, item 651B, page 239 (line 27), at the end of paragraph 23B(1)(b), add:
(xiv) work, in that part of the industry of civil construction described in subparagraph 4.3(b)(i) of the Building and Construction General On-site Award 2020 as in force at the applicable time, that is the construction, repair, maintenance or demolition of power houses or other structures that use eligible renewable energy sources (within the meaning of section 17 of the Renewable Energy (Electricity) Act 2000 ) to generate electricity.
[excluded work]
(62) Schedule 1, item 660, page 256 (line 7), omit “and 4”, substitute “, 4 and 5”.
[flexible work—pregnancy]
(63) Schedule 1, item 667, page 266 (lines 12 to 15), to be opposed .
[firefighters—cancers]
(64) Schedule 1, item 667A, page 266 (lines 16 to 26), omit the item, substitute:
667A Paragraph 7(9)(a)
Omit “firefighting duties made up a substantial portion”, substitute “the relevant authority is satisfied that firefighting or related duties made up a not insubstantial portion”.
[employment as a firefighter]
(65) Schedule 1, item 667B, page 267 (line 1), omit “an employee who is covered by subparagraph (a)(i)”, substitute “for an employee of the Australian Capital Territory specified in a declaration under subsection 5(15)—the employee”.
[employment as a firefighter]
(66) Schedule 1, page 267 (after line 7), after item 668, insert:
668A After subsection 7(9)
Insert:
(9A) If a declaration under subsection (9B) is in force, then when determining for the purposes of paragraph 7(9)(a) whether firefighting or related duties made up a not insubstantial portion of the duties of an employee of the Australian Capital Territory, being an employee:
(a) covered by paragraph 5(11)(e) or (ea) as a result of being a volunteer member (however described) of a body referred to in either of those paragraphs; or
(b) specified in a declaration under subsection 5(15);
the relevant authority must:
(c) by writing, request the declared ACT firefighting advisory committee to give the relevant authority written advice in relation to the matter within a reasonable period specified in the request; and
(d) have regard to any such advice provided within that period.
(9B) If the Chief Minister for the Australian Capital Territory so requests in writing, the Minister may, by legislative instrument, declare that a committee or other body (however described) that is established:
(a) by or under an ACT enactment; or
(b) by a written instrument made by a Minister (including the Chief Minister) of the Australian Capital Territory;
is the declared ACT firefighting advisory committee for the purposes of subsection (9A).
(9C) A reference in subsection (9) or (9A) to the duties of an employee includes, in relation to an employee of the Australian Capital Territory specified in a declaration under subsection 5(15), a reference to the activities to which that subsection applies that were engaged in by the employee.
[employment as a firefighter]
(67) Schedule 1, item 669, page 267 (lines 8 to 16), omit the item, substitute:
669 Application of amendments
Item 12 of the table in subsection 7(8) of the Safety, Rehabilitation and Compensation Act 1988 , as amended by this Part, applies in relation to a decision made under that Act (including a decision on reconsideration or review under Part VI of that Act), after the commencement of this item, in relation to primary site oesophageal cancer sustained by an employee on or after 4 July 2011.
[firefighters—cancers]
(68) Schedule 1, page 267 (after line 16), at the end of the Schedule, add:
Part 28 — Paid family and domestic violence leave
Division 1—Main amendments
Fair Work Act 2009
670 After paragraph 536(2)(c)
Insert:
; and (d) comply with any requirements prescribed by the regulations in relation to the reporting of paid family and domestic violence leave.
671 After subsection 536(3)
Insert:
(3A) A pay slip is not false or misleading merely because it complies with regulations made for the purposes of paragraph (2)(d).
Division 2—Other amendments
Fair Work Act 2009
672 Subsection 539(2) (after table item 34)
Insert:
|
34AAA |
757BA |
(a) an employee; (b) an inspector |
(a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) an eligible State or Territory court |
for a serious contravention—600 penalty units; or otherwise—60 penalty units |
673 After paragraph 557(2)(p)
Insert:
(paa) section 757BA (which deals with employer obligations in relation to pay slips relating to paid leave to which the person is entitled because of section 757B);
674 Subsection 757B(4)
Repeal the subsection, substitute:
Extended paid family and domestic violence leave provisions
(4) The extended paid family and domestic violence leave provisions are the provisions of Subdivision CA of Division 7 of Part 2-2, and the related provisions identified in subsection (3) of this section, as they apply because of this section.
675 Section 757BA
Repeal the section, substitute:
757BA Employer obligations in relation to pay slips
If an employer gives a person a pay slip relating to paid leave to which the person is entitled because of section 757B, the employer:
(a) must not include on the pay slip any information prescribed by regulations made for the purposes of paragraph 536(2)(c); and
(b) must comply with any requirements prescribed by regulations made for the purposes of paragraph 536(2)(d).
Note: This section is a civil remedy provision (see Part 4-1).
[paid family and domestic violence leave]