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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Social Security and Other Legislation
Amendment (Caring for Single Parents)
Bill 2013
No. , 2013
(Senator Siewert)
A Bill for an Act to amend the Social Security Act
1991 and the Fair Work Act 2009, and for related
purposes
i Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013
No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Newstart amendments
3
Part 1--Newstart amendments
3
Social Security Act 1991
3
Part 2--Other amendments
5
Social Security (Administration) Act 1999
5
Schedule 2--Work/life balance amendments
6
Fair Work Act 2009
6
Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013 No.
, 2013 1
A Bill for an Act to amend the Social Security Act
1
1991 and the Fair Work Act 2009, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Security and Other Legislation
6
Amendment (Caring for Single Parents) Act 2013.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013
No. , 2013
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Newstart amendments Schedule 1
Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013 No.
, 2013 3
Schedule 1
--
Newstart amendments
1
Part 1
--
Newstart amendments
2
Social Security Act 1991
3
1 Point 1068-A1
(method statement, after "Step 1A")
4
Insert:
5
Step 1C. Work out the newstart single parent supplement amount
6
(if any) using Module CA below.
7
2 After point 1068-BA4
8
Insert:
9
Module CA--Newstart single parent supplement amount
10
1068-CA1 A newstart single parent supplement amount is to be added to the
11
person's maximum basic rate if:
12
(a)
the person is qualified for a newstart allowance in respect
13
of a period; and
14
(b)
the person is not a member of a couple; and
15
(c)
the person is the principal carer for a child.
16
1068-CA2 The person's newstart single parent supplement amount is $80.
17
3 Point 1068-G17
18
Repeal the point, substitute:
19
1068-G17 If:
20
(a)
a person is receiving a newstart allowance; and
21
(b)
the person is not a member of a couple; and
22
(c)
the person is the principal carer of a child:
23
then:
24
(d)
the person's ordinary income free area is $152.00, plus an
25
amount of $24.60 in respect of each child for which the
26
person is the principal carer; and
27
Schedule 1 Newstart amendments
4 Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013
No. , 2013
(e)
the person's ordinary income reduction is an amount equal
1
to 40% of the person's ordinary income excess.
2
3
Newstart amendments Schedule 1
Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013 No.
, 2013 5
Part 2
--
Other amendments
1
Social Security (Administration) Act 1999
2
4 Section 242
3
Before "Payments", insert "(1)".
4
5 At the end of section 242
5
Add:
6
(2) Payments for the purposes of the Social Security Legislation
7
Amendment (Caring for Single Parents) Act 2013 are to be made
8
out of money appropriated by the Parliament for the purposes of
9
that Act.
10
Schedule 2 Work/life balance amendments
6 Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013
No. , 2013
Schedule 2
--
Work/life balance amendments
1
2
Fair Work Act 2009
3
1 Paragraph 5(8)(a)
4
Omit "or an equal remuneration order (see Part 2-7)", substitute ", an
5
equal remuneration order (see Part 2-7) or a flexible working
6
arrangements order (see Part 2-7A)".
7
2 Section 12
8
Insert:
9
flexible working arrangements order: see subsection 306F(1).
10
3 Subparagraph 43(2)(a)(ii)
11
Omit "and", substitute "or".
12
4 At the end of paragraph 43(2)(a)
13
Add:
14
(iii) a flexible working arrangements order (see Part 2-7A);
15
and
16
5 Subsection 44(2)
17
Omit "65(5) or".
18
6 Subsection 44(2) (note 1)
19
Repeal the note, substitute:
20
Note 1:
Subsection 76(4) states that an employer may refuse an application to
21
extend unpaid parental leave only on reasonable business grounds.
22
7 Subsection 44(2) (note 2)
23
Omit "65(5) or".
24
8 Division 4 of Part 2-2
25
Repeal the Division.
26
9 Section 146 (note)
27
Work/life balance amendments
Schedule 2
Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013 No.
, 2013 7
Omit "65(5) or".
1
10 After paragraph 172(1)(c)
2
Insert:
3
(ca) matters pertaining to flexible working arrangements;
4
11 Subsection 186(6) (notes 1 and 2)
5
Omit "65(5) or".
6
12 After Part 2-7
7
Insert:
8
Part 2-7A--Flexible working arrangements
9
Division 1--Introduction
10
306A Guide to this Part
11
This Part provides processes for changing working arrangements.
12
Division 1 deals with preliminary matters.
13
Division 2 deals with requests for flexible working arrangements
14
for employees who are carers.
15
Division 3 provides for the making of flexible working
16
arrangements orders by FWA to ensure that employers comply
17
with this Part.
18
306B Meanings of employee and employer
19
In this Part, employee means a national system employee, and
20
employer means a national system employer.
21
306C State and Territory laws that are not excluded
22
(1) This Act is not intended to apply to the exclusion of laws of a State
23
or Territory that provide employee entitlements in relation to
24
Schedule 2 Work/life balance amendments
8 Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013
No. , 2013
flexible working arrangements, to the extent that those entitlements
1
are more beneficial to employees than the entitlements under this
2
Part.
3
(2) However, a law of a State or Territory has no effect in relation to
4
an employee to the extent that it provides an employee entitlement
5
in relation to flexible working arrangements that is inconsistent
6
with a term of an enterprise agreement that applies to the
7
employee.
8
306D Requests for flexible working arrangements--carers
9
Request for change for employee who is a carer
10
(1) An employee who has responsibility for the care of another person,
11
or an employee organisation that is entitled to represent the
12
employee, may request the employer to change the employee's
13
working arrangements to assist the employee to care for the other
14
person.
15
Note:
Examples of changes in working arrangements include changes in
16
hours of work, changes in patterns of work and changes in location of
17
work.
18
(2) Neither the employee, nor the organisation, is entitled to make the
19
request unless:
20
(a) for an employee other than a casual employee--the employee
21
has completed at least 12 months of continuous service with
22
the employer immediately before making the request; or
23
(b) for a casual employee--the employee:
24
(i) is a long term casual employee of the employer
25
immediately before making the request; and
26
(ii) has a reasonable expectation of continuing employment
27
by the employer on a regular and systematic basis.
28
Formal requirements
29
(3) The request must:
30
(a) be in writing; and
31
(b) set out details of the change sought and of the reasons for the
32
change.
33
Work/life balance amendments
Schedule 2
Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013 No.
, 2013 9
Responding to the request
1
(4) The employer must give the employee, or the employee
2
organisation (as the case requires), a written response to the request
3
within 21 days, stating whether the employer grants or refuses the
4
request.
5
(5) The employer may refuse the request only on serious
6
countervailing business grounds.
7
(6) If the employer refuses the request, the written response under
8
subsection (4) must include details of the reasons for the refusal.
9
Division 3--Flexible working arrangements orders
10
306E FWA may make flexible working arrangements order
11
Power to make flexible working arrangements order
12
(1) FWA may make any order (the flexible working arrangements
13
order) it considers appropriate to ensure that an employer complies
14
with section 306E.
15
Who may apply for flexible working arrangements order
16
(2) FWA may make a flexible working arrangements order only on
17
application by any of the following:
18
(a) an employee or organisation whose request under subsection
19
306E(1) for a change in working arrangements has been
20
refused;
21
(b) an employee organisation that is entitled to represent an
22
employee covered by paragraph (a);
23
(c) the Age Discrimination Commissioner, the Disability
24
Discrimination Commissioner or the Sex Discrimination
25
Commissioner.
26
306F Implementation of flexible working arrangements in stages
27
A flexible working arrangements order may implement changed
28
working arrangements in such stages (as provided in the order) as
29
FWA thinks appropriate.
30
Schedule 2 Work/life balance amendments
10 Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013
No. , 2013
306G Contravening a working arrangements order
1
An employer must not contravene a term of a flexible working
2
arrangements order.
3
Note:
This section is a civil remedy provision (see Part 4-1).
4
306H Inconsistency with modern awards and enterprise agreements
5
(1) A term of a modern award has no effect in relation to an employee
6
to the extent that it is less beneficial to the employee than a term of
7
a flexible working arrangements order that applies to the employee.
8
(2) A term of a flexible working arrangements order has no effect in
9
relation to an employee to the extent that it is inconsistent with a
10
term of an enterprise agreement that applies to the employee.
11
13 Subsection 539(2) (after table item 9)
12
Insert:
13
14
Part 2-7A--Flexible working arrangements
9A
306H
(a) a person to whom
a flexible working
arrangements
order relates;
(b) an organisation
entitled to
represent a person
to whom a
flexible working
arrangements
order relates
(a) the Federal Court;
(b) the Federal
Magistrates
Court;
(c) an eligible State
or Territory court
60 penalty
units
15
14 Subsection 545(1) (note 4)
16
Omit "65(5),".
17
15 After paragraph 557(2)(f)
18
Insert:
19
(fa) section 306H (which deals with contraventions of flexible
20
working arrangements orders);
21
Work/life balance amendments
Schedule 2
Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2013 No.
, 2013 11
16 After paragraph 576(1)(f)
1
Insert:
2
(fa) flexible working arrangements (Part 2-7A);
3
17 Paragraph 653(1)(c)
4
Repeal the paragraph, substitute:
5
(c) conduct research into the operation of the provisions of the
6
National Employment Standards relating to requests for
7
extensions of unpaid parental leave under subsection 76(1);
8
and
9
(ca) conduct research into the operation of Part 2-7A in relation to
10
requests for changed working arrangements; and
11
18 After paragraph 675(2)(e)
12
Insert:
13
(ea) a flexible working arrangements order;
14
19 At the end of subsection 716(1)
15
Add:
16
; (g) a term of a flexible working arrangements order.
17
20 Subsection 739(2)
18
Omit "65(5) or".
19
21 Subsection 739(2) (note)
20
Omit "65(5) or".
21
22 Subsection 740(2)
22
Omit "65(5) or".
23
23 Subsection 740(2) (note)
24
Omit "65(5) or".
25
26
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