Fair Work Amendment Bill 2012

Type
Government
Portfolio
Education, Employment and Workplace Relations 
Originating house
House of Representatives 
Status
Act 
Parliament no
43
Summary
Amends: the
Fair Work Act 2009
  to: change the name of Fair Work Australia to the Fair Work Commission (FWC); require the FWC to review default superannuation fund terms of modern awards every four years; make technical changes in relation to striking out applications to vary modern awards in certain circumstances and in relation to the parties able to apply to amend modern awards; provide that enterprise agreements cannot be made with a single employee; provide that a union official from one union cannot act as a bargaining representative where that union does not have coverage; prohibit terms which enable employees to opt out of an enterprise agreement; provide that an applicant for a scope order fully informs other bargaining representatives; clarify the form and content requirements contained in notices of employee representational rights; shorten the time limit for applying to the FWC to mediate or conciliate dismissal related disputes; clarify that workplace rights apply to persons including employees, employers and contractors; extend the time limit for lodging unfair dismissal applications with the FWC; enable the FWC to dismiss an unfair dismissal application in certain circumstances; provide for the FWC to order costs against a party and/or their representative in unfair dismissal matters; clarify that protected action ballots can be conducted by electronic voting methods; clarify the eligibility of certain employees who are union members and who are acting as bargaining representatives to be included in a protected action ballot; require protected action ballots to be conducted expeditiously; enable stay orders to be made by presidential members; require FWC members to disclose a conflict of interest to persons making submissions in a matter, as well as to the president; clarify the mechanism by which matters may be referred to a full bench when it is in the public interest to do so; allow for the appointment of the general manager and acting commissioners; establish a process for handling complaints against FWC members; provide for the development of a code of conduct for FWC members; clarify that the Act is generally a ‘no costs’ jurisdiction (including in appeal proceedings); make a technical correction; and make amendments consequential on changing the name of Fair Work Australia; the
Fair Work Act 2009
,
Fair Work (Registered Organisations) Act 2009
  and
Road Safety Remuneration Act 2012
  to provide for the establishment of an expert panel within the FWC to exercise certain functions in relation to the assessment of default superannuation funds for inclusion in modern awards and annual wage reviews; and create two statutory positions of vice president; the
Fair Work Act 2009
  and
Road Safety Remuneration Act 2012
  in relation to members of the FWC and the Road Safety Remuneration Tribunal engaging in outside work; and 22 other Acts to make amendments consequential on changing the name of Fair Work Australia. 

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Progress

House of Representatives
30 Oct 2012Introduced and read a first time
30 Oct 2012Second reading moved
31 Oct 2012Second reading debate
31 Oct 2012Second reading agreed to
31 Oct 2012Third reading agreed to
Senate
01 Nov 2012Introduced and read a first time
01 Nov 2012Second reading moved
27 Nov 2012Second reading debate
27 Nov 2012Second reading agreed to
27 Nov 2012Committee of the Whole debate
28 Nov 2012Committee of the Whole debate
28 Nov 2012Third reading agreed to


28 Nov 2012Text of bill as passed both Houses
04 Dec 2012Assent

Act no.: 174

Year: 2012

Documents and transcripts

Text of bill

Word Format PDF Format
Word Format PDF Format

Explanatory memoranda

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Transcript of speeches

Proposed amendments

Senate
Word Format PDF Format
Word Format PDF Format
Word Format PDF Format
Word Format PDF Format

Schedules of amendments

No documents at present

Committee Information

No documents at present

Bills Digest PDF Format

Notes

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Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changed to the bill. For details about the outcome of proposed amendments please refer to either theĀ Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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