Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
SOCIAL SECURITY AND OTHER LEGISLATION
AMENDMENT (CARING FOR SINGLE PARENTS) BILL 2014
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator Siewert)
SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT
(CARING FOR SINGLE PARENTS) BILL 2014
Outline
The Bill amends the Social Security Act 1991 and the Social Security (Administration)
Act 1999 to provide for single parents to access the pension PP (single) parenting
payment until their youngest child turns 16 years old.
The Bill also amends the Fair Work Act 2009 to provide for an enforceable right to
request flexible work arrangements for people with caring responsibilities, including
single parents.
NOTES ON CLAUSES
Clause 1 - Short title
This clause provides for the Bill, when enacted, to be cited as the Social Security and
Other Legislation Amendment (Caring for Single Parents) Act 2014.
Clause 2 - Commencement
This clause provides that Schedule 1 will commence the day after the period of 3
months beginning on the day this Act receives royal assent. Schedule 2 will
commence on the day after this Act receives royal assent.
Clause 3 - Schedule(s)
This clause provides that an Act that is specified in a Schedule is amended or repealed
as set out in that Schedule, and any other item in a Schedule operates according to its
terms.
Schedule 1 - Amendments relating to Newstart
Social Security Act 1991
Items 1, 2, 3, 4, and 5 provide for single parents to access the pension PP (single)
parenting payment until their youngest child turns 16 years old, instead of 8 years old.
Social Security (Administration) Act 1999
Items 6 and 7 amend the Act to confirm that payments made as a result of this Bill
cannot be made until Parliament has made an appropriation for that purpose.
Schedule 2 - Amendments to the Fair Work Act 2009
Item 1 amends the existing paragraph 5(8)(a) to provide that flexible working
arrangements orders can be made for national system employees who are covered by
the National Employment Standards.
Item 2 inserts flexible working arrangements orders into the Dictionary.
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Items 3, 5, 6, 7, 9 and 11 are consequential on item 8.
Item 4 adds flexible working arrangements orders to the other terms and conditions of
employment provided under the Fair Work Act.
Item 8 repeals Division 4 of Part 2-2 which contains the existing provisions regarding
requests for flexible working arrangements.
Item 10 inserts flexible working arrangements as a permitted matter in the making of
an enterprise agreement in subsection 172(1).
Item 12 inserts a new Part 2-7A regarding flexible working arrangements.
Division 1 provides for the introduction of a new Part 2-7A.
Section 306A gives a guide to Part 2-7A--Flexible working arrangements.
Section 306B defines the terms employee as a national system employee and
employer as a national system employer.
Subsection 306C(1) provides that State or Territory laws that provide employee
entitlements in relation to flexible working arrangements are not excluded to the
extent that they are more beneficial to employees than the entitlements under Part 2-
7A.
Subsection 306C(2) provides that a law of a State or Territory has no effect in relation
to an employee to the extent that it provides an employee entitlement in relation to
flexible working arrangements that is inconsistent with a term of an enterprise
agreement that applies to the employee.
Division 2 sets out the process for requesting flexible working arrangements.
Section 306D sets out the process for requesting flexible working arrangements for
employees with caring responsibilities who meet certain criteria regarding their
employment status.
An employee who has responsibility for the care of another person, or organisations
entitled to represent that person, may request that the employer change the
employee's hours of work, patterns of work and location of work. A request can only
be made if an employee has at least 12 months of continuous service with the
employer. A long term casual employee who has responsibility for the care of another
person can make a request if they have a reasonable expectation of continuing
employment on a regular and systematic basis with that same employer.
A request must be in writing and set out details of the changes being requested and the
reasons for the changes. The employer must respond within 21 days stating whether
they grant or refuse the request. The employer may only refuse the request if there are
serious countervailing business grounds and must include details of the reasons for the
refusal in the written response.
Division 3 sets out the arrangements for flexible working arrangements orders.
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Section 306E gives Fair Work Australia the power to make flexible working
arrangements orders it considers appropriate to ensure compliance with section 306D
and defines who may apply for a flexible working arrangements order. Fair Work
Australia may make a flexible working arrangements order only on application from
an employee or employee organisation whose request has been refused, or the Age
Discrimination Commissioner, the Disability Discrimination Commissioner or the
Sex Discrimination Commissioner.
Section 306F allows Fair Work Australia to order changed working arrangements to
be implemented in stages as Fair Work Australia thinks appropriate.
Section 306G provides that an employer must not contravene a term of a flexible
working arrangements order and makes a breach subject to civil remedy provisions.
306H sets out the relationship between working arrangements orders, modern awards
and enterprise agreements. A term of a modern award has no effect if it is less
beneficial to the employee than a term of a flexible working arrangements order. A
term of a flexible working arrangements order has no effect in relation to an employee
to the extent that it is inconsistent with a term of an enterprise agreement that applies
to the employee.
Item 13 inserts a new table item after item 9 in subsection 539(2) that sets out the
standing, jurisdiction and maximum penalties that apply for a breach of a working
arrangements order.
Items 14, 20-23 are consequential amendments.
Item 15 inserts a new section after paragraph 557(2)(f) that defines a flexible working
arrangements orders for the purposes of section 557. This allows two or more
contraventions of a flexible working arrangements order to be treated as a single
contravention if the contraventions are committed by the same person, and the
contraventions arose out of a course of conduct by the person.
Item 16 inserts a new paragraph 576(1)(fa) that gives Fair Work Australia functions
in relation to flexible working arrangements.
Item 17 inserts a new paragraph 653(1)(c) and 653(1)(ca). These paragraphs require
the General Manager of Fair Work Australia to conduct research into the operation of
Part 2-7A in relation to requests for changed working arrangements.
Item 18 inserts a new paragraph 675(2)(ea) that makes it clear a breach of a flexible
working arrangements order is not a criminal offence.
Item 19 inserts a new paragraph 716(1)(g) that allows a Fair Work Australia inspector
to issue a compliance notice in relation to a term of a flexible working arrangements
order.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
Social Security and Other Legislation Amendment (Caring for Single Parents)
Bill 2014
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 Social Security Act 1991 and the Social Security (Administration)
Act 1999 to provide for single parents to access the pension PP (single) parenting
payment until their youngest child turns 16 years old.
The Bill also amends the Fair Work Act 2009 to provide for an enforceable right to
request flexible work arrangements for people with caring responsibilities, including
single parents.
Human rights implications
The Bill engages the following human rights:
Right to social security
Article 9 of the International Covenant on Economic, Social and Cultural Rights
(ICESCR) recognises the right of everyone to social security.
The Bill will promote the right to social security by increasing the amount of financial
support for certain recipients of welfare payments.
Right to work
Articles 6(1) and 7 of the International Covenant on Economic, Social and Cultural
Rights (ICESCR) provide for a right to work including that the right to work should
be protected, by providing the worker with just and favourable conditions of work.
The Bill will promote the right to work by providing additional rights to carers for
flexible work arrangements to ensure they can stay in employment.
Conclusion
The Bill is compatible with human rights because it generally advances human rights.
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