Commonwealth of Australia Explanatory Memoranda

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FAIR WORK AMENDMENT (PROTECTING CHRISTMAS) BILL 2016

                          2016




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




            HOUSE OF REPRESENTATIVES




  Fair Work Amendment (Protecting Christmas) Bill 2016




     REPLACEMENT EXPLANATORY MEMORANDUM
                          and
  STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS




                   24 November 2016




                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 2009 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 - Short title

Clause 1 sets out the title of the Act.

Clause 2 - Commencement

Clause 2 states that the Act commences on the day the Act receives the Royal Assent.

Clause 3 - Schedules

Clause 3 gives effect to the Schedules. It provides that legislation that is specified in a
Schedule to the Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to the Act has effect according to
its terms.

NOTES ON ITEMS - SCHEDULE 1 (AMENDMENT OF THE FAIR WORK ACT 2009)

Item 1

Item 1 inserts additional sections at the end of Division 10 of Part 2-2 of the Act:

        Proposed section 116A 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.

        Proposed section 116B 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 2009 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