Commonwealth of Australia Explanatory Memoranda

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FAIR WORK AMENDMENT (PROTECTING WEEKEND PAY AND PENALTY RATES) BILL 2017

                                   2017




      THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                     HOUSE OF REPRESENTATIVES




Fair Work Amendment (Protecting Weekend Pay and Penalty Rates) Bill 2017




                    EXPLANATORY MEMORANDUM
                                   and
         STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS




                         Circulated by authority of
                              (Adam Bandt)
Fair Work Amendment (Protecting Weekend Pay and Penalty Rates) Bill 2017


OUTLINE

This bill amends the Fair Work Act 2009 to protect penalty rates in a modern award from
being varied to make the penalty rate lower than in force under the award on 1 January
2017. The provisions of this bill will prevent the FWC determination on 23 February 2017
varying penalty rates from coming into effect.


FINANCIAL IMPACT

The bill will have no financial impact.

NOTES ON CLAUSES

Clause 1 - Short title

Sets the title of the Act.

Clause 2 - Commencement

States the Act will commence on the day it 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Schedule to this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect according to
its terms.

Schedule 1 - Amendments to the Fair Work Act 2009

Item 1 - After section 135

Adds subsection 135A:

   (1) prescribes penalty rates in a modern award cannot be varied to make the penalty
       rate lower than in force under the award on 1 January 2017.
   (2) a determination of the FWC has no effect if it varies a modern award so that penalty
       rates in the award are lower than in force under the award on 1 January 2017.

Item 2 - Application of amendments

The amendments apply to any determination made by the FWC varying a penalty rate in a
modern award on or after 22nd January 2017.
               STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

   Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011


    Fair Work Amendment (Protecting Weekend Pay and Penalty Rates) Bill 2017

  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

This bill amends the Fair Work Act 2009 to protect penalty rates in a modern award from
being varied to make the penalty rate lower than in force under the award on 1 January
2017. The provisions of this bill will prevent the FWC determination on 23 February 2017
varying penalty rates from coming into effect.

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

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