Australian Greens' additional comments

1.1The Australian Greens thank all those who provided evidence to this important inquiry through submissions and/or hearings.

1.2The Greens support the Chair's report, the intent of the bill, and the recommendation from the committee to pass the legislation.

1.3Penalty rates are a critical protection that ensure workers are fairly compensated for giving up precious time. With price growth often outstripping wage growth—penalty rates can be the difference between workers keeping up with bills and putting food on the table and not being able to afford the essentials. This is particularly true for workers concentrated in low wage, low security jobs including women, young people and those with disability. Ensuring that employers cannot rob their workers of this entitlement is important.

1.4The Greens also wish to add emphasis to some issues raised during the inquiry and draw attention the opportunity that Labor has this Parliament to work with the Greens not just to protect existing entitlements but to enshrine new rights for workers.

1.5The Australian Services Union made the point that one of the reasons employers are attempting to replace penalty rates with exemption rates is that under current regulation they would no longer be obligated to keep time and wage records—making it very hard to scrutinise or test any exemption rates arrangements in place.[1]

1.6While the committee has suggested the Government should monitor this issue closely, the Greens urge the Government to take stronger action and make it a requirement for employers to keep these records even when exemption rates apply.

1.7It is also clear that workers are at risk of going backwards and losing conditions in other areas, such as intractable bargaining determinations, despite the clear intent of the legislation. The Greens support amending the Fair Work Act 2009 (FW Act) to ensure that workers cannot go backwards on pay and conditions and ask the government to make any necessary changes to clarify the intention of the FW Act.

1.8The Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025 is a defensive measure by Labor, aimed at protecting existing arrangements from erosion rather than advancing new rights for workers. At a time when insecure work is widespread, the real value of wages is under pressure, and nothing is in the way of employers pocketing the vast productivity benefits of artificial intelligence returning little if nothing to workers, it is not enough to merely hold the line. Workers deserve stronger and expanded protections in a changing labour market and economy.

1.9Labor has an opportunity this Parliament to work with the Greens to deliver real benefits to workers – including by enshrining a right to work from home for at least 2 days a week where reasonable and by funding trials of the four-day work week with no loss of pay.

1.10That the Australian Government consider amending regulation 3.34 of the Fair Work Regulations 2009 to make it an explicit requirement of employers to keep time and wage records even if exemptions rates or an equivalent is in effect.

Senator Barbara Pocock

Senator for South Australia

Australian Greens spokesperson for Workplace Relations, Jobs and Employment

Footnotes

[1]Ms Emeline Gaske, National Secretary, Australian Services Union, Proof Committee Hansard, 13August 2025, pp. 2–3.