List of Recommendations

Recommendation 1

The committee recommends that the bill be passed, subject to the amendments that follow.

Recommendation 2

The committee recommends that an amendment be made to the bill to clarify that conciliation should take place before arbitration of disputes over flexible working arrangements unless there are exceptional circumstances.

Recommendation 3

The committee recommends that an amendment be made to the bill to clarify that the protections and entitlements under the Fair Work Act 2009 apply regardless of immigration status.

Recommendation 4

The committee recommends that the provisions of the bill prohibiting sexual harassment be reviewed for consistency with the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 and the AntiDiscrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022.

Recommendation 5

The committee recommends that the definition of 'small business employer', for the purpose of Part 21 of the bill be increased from fewer than 15 employees, to fewer than 20 employees, including regular and systematic casuals, based on headcount. The definition of 'small business employer' in section 23 of the Fair Work Act 2009 should remain unchanged.

Recommendation 6

The committee recommends the amendment of the 'minimum bargaining period' in s235(5)(i) for the purpose of an intractable bargaining declaration, to provide for a nine month minimum bargaining period commencing after either the nominal expiry date of the agreement or nine months from the commencement of bargaining, whichever is later.

Recommendation 7

The committee recommends that a statutory review of the bill be undertaken but occurs no earlier than three years after the bill receives Royal Assent.

Recommendation 8

The committee recommends section 180A of the bill be amended so that no party can unreasonably withhold agreement for a proposed enterprise agreement being put to a vote, and the Fair Work Commission should have the power to resolve disputes pertaining to this.

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