Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Fair Work Amendment (Protecting Christmas) Bill 2016
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Adam Bandt MP
Fair Work Amendment (Protecting Christmas) Bill 2016
OUTLINE
The Bill amends the National Employment Standards within the Fair Work Act to ensure
that people who are entitled to receive Public Holiday penalty rates who work on
Christmas Day (25 December) and New Year's Day (1 January) will be paid public holiday
penalty rates for working on these days, regardless of whether the State/Territory in which
they reside declares these dates as public holidays.
FINANCIAL IMPACT
The Bill will have no financial impact.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1 sets the title of the Act.
Clause 2 states that the Act commences on the day when a budget appropriation is made
for the operation of the Renew Australia authority.
Part 2 - Amendments
Clause 3 inserts additional sub-sections at the end of Division 10 of Part 2-2 of the Act:
(1) extends the conditions applying to public holidays set out in the Division to 25
December (Christmas Day) and 1 January (New Year's Day), even if another day is
substituted for Christmas Day or New Year's Day as a public holiday
(2) requires employers to pay employees their full rate of pay for a public holiday should
the employee perform work at their employment on 25 December (Christmas Day) and
1 January (New Year's Day), even if another day is substituted for Christmas Day or
New Year's Day as a public holiday
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Fair Work Amendment (Protecting Christmas) Bill 2016
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
The Bill amends the National Employment Standards within the Fair Work Act to ensure
that people who are entitled to receive Public Holiday penalty rates who work on
Christmas Day (25 December) and New Year's Day (1 January) will be paid public holiday
penalty rates for working on these days, regardless of whether the State/Territory in which
they reside declares these dates as public holidays.
Human rights implications
This bill does not engage any of the applicable rights or freedoms.
Conclusion
This bill is compatible with human rights because it does not raise any human rights
issues.
Adam Bandt MP