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Although every effort is made to ensure the accuracy of bills homepages, the authoritative sources for verifying the progress of bills are the House of Representatives Votes and Proceedings and the Journals of the Senate.

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022

Type	Government
Originating house	House of Representatives
Status	Act
Portfolio	Employment and Workplace Relations

Summary

Amends the: Fair Work Act 2009 and Fair Work (Registered Organisations) Act 2009 to abolish the Registered Organisations Commission and provide for transitional arrangements; Fair Work (Registered Organisations) Act 2009 to apply certain provisions of the Regulatory Powers (Standard Provisions) Act 2014; Building and Construction Industry (Improving Productivity) Act 2016 to: abolish the Australian Building and Construction Commission and provide for transitional arrangements; repeal the Code for the Tendering and Performance of Building Work 2016; and rename the Act to the Federal Safety Commissioner Act 2022; Fair Work Act 2009 to: amend the objects of the Act to include the promotion of job security and gender equity; guide the Fair Work Commission (FWC) in its consideration of equal remuneration and work value cases; establish a Pay Equity Expert Panel and a Care Community Sector Expert Panel to determine equal remuneration cases and certain award cases; prohibit pay secrecy; prohibit sexual harassment in connection with work; add the protected attributes of breastfeeding, gender identity and intersex status to the existing anti-discrimination provisions; limit the use of fixed term contracts; expand the circumstances in which an employee may request flexible work arrangements and empower the FWC to resolve disputes regarding flexible work arrangements; amend the requirements for approval of an enterprise agreement; simplify the process for initiating bargaining in certain circumstances; amend the Better Off Overall Test; enable the FWC to vary enterprise agreements to correct errors, defects or irregularities; provide for a new intractable bargaining declaration scheme; amend certain processes relating to industrial action and Protected Action Ballots; remove limitations on access to the low-paid bargaining stream and the single-interest employer authorisation stream; amend provisions relating to making multi-enterprise agreements (to be known as cooperative workplace agreements); amend small claims procedures to enable unpaid entitlement recovery; and prohibit national system employers from advertising employment at a rate of pay that would contravene the Act; Fair Work Act 2009 and Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to provide that the FWC can only terminate an agreement that has nominally expired on the unilateral application of a party in limited circumstances; Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to provide for the sunsetting of all remaining transitional instruments; and Safety, Rehabilitation and Compensation Act 1988 to update the worker's compensation presumptive liability provisions for firefighters. Also makes consequential amendments to four Acts and repeals the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 and Building and Construction Industry Improvement (Consequential and Transitional) Act 2005.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time	27/10/22
Second reading moved	27/10/22
Second reading debate	08/11/22
Second reading debate	09/11/22
Second reading agreed to	10/11/22
Consideration in detail debate	10/11/22	Amendment details: 153 Government agreed to, 4 Crossbench agreed to
Third reading agreed to	10/11/22

Senate
Introduced and read a first time	21/11/22
Second reading moved	21/11/22
Second reading debate	29/11/22
Second reading debate	30/11/22
Second reading agreed to	30/11/22
Committee of the Whole debate	30/11/22
Committee of the Whole debate	01/12/22	Amendment details: 68 Government, 3 Australian Greens and 3 Independent (Senator Pocock) agreed to
Third reading agreed to	01/12/22

House of Representatives
Message from Senate reported	02/12/22
Consideration of Senate message	02/12/22	Details: House agreed to Senate amendments

Finally passed both Houses	02/12/22
Assent	06/12/22	Act no: 79 - Year: 2022

[Information on document types]

Text of bill

First reading
Third reading
As passed by both Houses

Explanatory memoranda

Explanatory memorandum
Supplementary explanatory memorandum
Revised explanatory memorandum
Supplementary explanatory memorandum

Second reading speeches

Proposed amendments

House of Representatives

Crossbench TINK, Kylea, MP
Crossbench STEGGALL, Zali, MP
Crossbench SPENDER, Allegra, MP
Crossbench SPENDER, Allegra, MP
Crossbench SCAMPS, Sophie, MP
Crossbench LE, Dai, MP
Crossbench KATTER, Bob, Jnr, MP
Crossbench SHARKIE, Rebekha, MP
Crossbench WILKIE, Andrew, MP
Government [sheet ZD197]
Non-Government FLETCHER, Paul, MP

Senate

Australian Greens [sheet 1776] POCOCK, Sen Barbara
Australian Greens [sheet 1761] POCOCK, Sen Barbara
Australian Greens [sheet 1758] POCOCK, Sen Barbara
Government [sheet PV124]
Independent [sheet 1780] POCOCK, Sen David
Independent [sheet 1781] POCOCK, Sen David
Jacqui Lambie Network [sheet 1757] LAMBIE, Sen Jacqui
Opposition [sheet 1711] CASH, Sen Michaelia
Opposition [sheet 1710] CASH, Sen Michaelia
Opposition [sheet 1709] CASH, Sen Michaelia
Opposition [sheet 1708] CASH, Sen Michaelia
Opposition [sheet 1707] CASH, Sen Michaelia
Opposition [sheet 1706] CASH, Sen Michaelia
Opposition [sheet 1705] CASH, Sen Michaelia
Opposition [sheet 1704] CASH, Sen Michaelia
Opposition [sheet 1779] CASH, Sen Michaelia
Opposition [sheet 1773] CASH, Sen Michaelia
Opposition [sheet 1756] CASH, Sen Michaelia
Pauline Hanson's One Nation [sheet 1768] ROBERTS, Sen Malcolm

Schedules of amendments

Schedule of the amendments made by the Senate

Bills Digest

Notes

Referred to Committee (27/10/2022): Education and Employment Legislation Committee; Committee report (22/11/2022)
Considered by scrutiny committee (23/11/2022): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 1 of 2023
Considered by scrutiny committee (25/11/2022): Parliamentary Joint Committee on Human Rights; Report 6 of 2022
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)

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Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022

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