Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
FAIR WORK AMENDMENT (REPEAL OF 4 YEARLY REVIEWS AND OTHER
MEASURES) BILL 2017
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the Minister for Employment, Senator the Hon Michaelia Cash)
Outline
AMENDMENTS TO THE FAIR WORK AMENDMENT (REPEAL OF 4 YEARLY
REVIEWS AND OTHER MEASURES) BILL 2017
OUTLINE
The Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Bill 2017 (the
Bill) amends the Fair Work Act 2009 (the Act) to respond to two recommendations of the
Productivity Commission's Final Report into the Workplace Relations Framework and to
respond to two recommendations of the Hon Peter Heerey AM QC's Report of Inquiry into
Complaints about the Honourable Vice President Michael Lawler of the Fair Work
Commission and Related Matters.
The amendments to the Bill respond to the report of the Senate Education and Employment
Legislation Committee (the Senate Committee) on the Bill, tabled in May 2017.
Amendment to the application of the amendments to the procedural requirements in enterprise
bargaining
The amendments provide that Schedule 2 to the Bill, which provides the FWC with the
capacity to approve enterprise agreements despite minor procedural or technical errors, which
were not likely to have disadvantaged employees, will apply to:
applications to approve enterprise agreements that are made to the FWC on or after the
date that the amendments commence;
applications to approve enterprise agreements that were made to the FWC before the
date that the amendments commence and that have not yet been determined by the
FWC; and
a limited range of appeals against FWC decisions to approve or refuse to approve
enterprise agreements that were made before the date that the amendments commence.
Amendment to the application of 4 yearly reviews of modern awards
The amendments will also insert a new subclause in Schedule 4 to the Bill to clarify that the
scope of clause 26 extends to incomplete reviews of a modern award as part of the 'common
issues' stage of the 4 yearly review of modern awards process. The amendment ensures that
the review of one or more modern awards commenced, but not concluded by 1 January 2018,
may continue until finalised.
This amendment responds to Labor Senators' additional comments in the report: see
paragraphs 1.2 to 1.7.
House of Representatives page i Amendments to the Fair Work Amendment
(Repeal of 4 Yearly Reviews and Other
Measures) Bill 2017
Financial Impact Statement
FINANCIAL IMPACT STATEMENT
Nil
House of Representatives page ii Amendments to the Fair Work Amendment
(Repeal of 4 Yearly Reviews and Other
Measures) Bill 2017
Statement of Compatibility with Human Rights
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendments to the Fair Work Amendment (Repeal of 4 Yearly Review and Other
Measures) Bill 2017
The amendments to the Bill are 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 amendments to the Fair Work Amendment (Repeal of 4 Yearly Review and
Other Measures) Bill 2017
The amendments provide that Schedule 2 to the Bill, which provides the FWC with the
capacity to approve enterprise agreements despite minor procedural or technical errors, which
were not likely to have disadvantaged employees, will apply to:
applications to approve enterprise agreements that are made to the FWC on or after the
date that the amendments commence;
applications to approve enterprise agreements that were made to the FWC before the
date that the amendments commence and that have not yet been determined by the
FWC; and
a limited range of appeals against FWC decisions to approve or refuse to approve
enterprise agreements that were made before the date that the amendments commence.
The amendments will also insert a new subclause 26(4) in Schedule 4 to the Bill to clarify that
the scope of clause 26 extends to incomplete reviews of a modern award as part of the
'common issues' stage of the 4 yearly review of modern awards process. This amendment
ensures that the review of one or more modern awards commenced, but not concluded by
1 January 2018, may continue until finalised.
Human rights implications
The amendments do not alter the human rights implications of the Bill as expressed in the
Statements of Compatibility with Human Rights which accompany the Explanatory
Memorandum for the Bill.
Conclusion
These amendments are compatible with human rights.
Minister for Employment, Senator the Hon Michaelia Cash
House of Representatives page iii Amendments to the Fair Work Amendment
(Repeal of 4 Yearly Reviews and Other
Measures) Bill 2017
Notes on Amendments
NOTES ON AMENDMENTS
In these notes on amendments, the following abbreviations are used:
Act Fair Work Act 2009
amending Act Fair Work Amendment (Repeal of 4 Yearly Reviews and Other
Measures) Act 2017
the Bill Fair Work Amendment (Repeal of 4 Yearly Reviews and Other
Measures) Bill 2017
FWC Fair Work Commission
House of Representatives 1 Amendments to the Fair Work Amendment
(Repeal of 4 Yearly Reviews and Other
Measures) Bill 2017
Amendments
Amendment 1 - Schedule 4, item 1, page 16 (after line 20), after the definition of
Schedule 1 commencement day in clause 25 of Schedule 1
1. This amendment inserts a new definition for the term Schedule 2 commencement day,
which is defined as the day on which Schedule 2 to the amending Act commences. Schedule 2
will commence the day after the amending Act receives the Royal Assent.
Amendment 2 - Schedule 4, item 1, page 17 (after line 27), at the end of clause 26 of
Schedule 1
2. This amendment inserts new subclause (4) at the end of new clause 26 in Schedule 4
to the Bill. The amendment clarifies that the scope of clause 26 extends to incomplete reviews
of a modern award as part of the 'common issues' stage of the 4 yearly review of modern
awards process. The amendment ensures that the review of one or more modern awards
commenced, but not concluded by 1 January 2018, may continue until finalised.
Amendment 3 - Schedule 4, item 1, page 18 (lines 12 to 17)
3. This amendment omits clause 28 of Schedule 1 and substitutes new clause 28
concerning the application of the amendments to be made by Schedule 2 to the Bill.
4. New paragraph 28(1)(a) provides that the amendments to be made by Schedule 2 to
the Bill will apply to applications to approve enterprise agreements that are made to the FWC
on or after the day that the amendments commence.
5. New paragraph 28(1)(b) provides that the amendments to be made by Schedule 2 to
the Bill will apply to applications to approve enterprise agreements that were made to the
FWC before the day that the amendments commence, if:
the FWC has not approved or refused to approve the enterprise agreement before the
day that the amendments commence (new paragraph 28(2)(a));
the FWC has approved or refused to approve the enterprise agreement and an
application to appeal the decision was made to the FWC before the day that the
amendments commence, and the FWC has not yet made a final decision on the appeal
(new paragraph 28(2)(b)); or
the FWC has approved or refused to approve the enterprise agreement and an
application to appeal the decision is made to the FWC after the day that the
amendments commence, as long as the application is made within 21 days after the
FWC's decision to approve or refuse to approve the enterprise agreement (new
paragraph 28(2)(c)).
House of Representatives 2 Amendments to the Fair Work Amendment
(Repeal of 4 Yearly Reviews and Other
Measures) Bill 2017
Index]
[Search]
[Download]
[Bill]
[Help]