Australian Parliament House is open to the public.

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022

Type
Government
Portfolio
Employment and Workplace Relations
Originating house
House of Representatives
Status
Act
Parliament no
47

Track (What's this?)

Permalink

Summary

Amends the: Fair Work Act 2009 and Fair Work (Registered Organisations) Act 2009 to abolish the Registered Organisations Commission and provide for transitional arrangements; Fair Work (Registered Organisations) Act 2009 to apply certain provisions of the Regulatory Powers (Standard Provisions) Act 2014; Building and Construction Industry (Improving Productivity) Act 2016 to: abolish the Australian Building and Construction Commission and provide for transitional arrangements; repeal the Code for the Tendering and Performance of Building Work 2016; and rename the Act to the Federal Safety Commissioner Act 2022; Fair Work Act 2009 to: amend the objects of the Act to include the promotion of job security and gender equity; guide the Fair Work Commission (FWC) in its consideration of equal remuneration and work value cases; establish a Pay Equity Expert Panel and a Care Community Sector Expert Panel to determine equal remuneration cases and certain award cases; prohibit pay secrecy; prohibit sexual harassment in connection with work; add the protected attributes of breastfeeding, gender identity and intersex status to the existing anti-discrimination provisions; limit the use of fixed term contracts; expand the circumstances in which an employee may request flexible work arrangements and empower the FWC to resolve disputes regarding flexible work arrangements; amend the requirements for approval of an enterprise agreement; simplify the process for initiating bargaining in certain circumstances; amend the Better Off Overall Test; enable the FWC to vary enterprise agreements to correct errors, defects or irregularities; provide for a new intractable bargaining declaration scheme; amend certain processes relating to industrial action and Protected Action Ballots; remove limitations on access to the low-paid bargaining stream and the single-interest employer authorisation stream; amend provisions relating to making multi-enterprise agreements (to be known as cooperative workplace agreements); amend small claims procedures to enable unpaid entitlement recovery; and prohibit national system employers from advertising employment at a rate of pay that would contravene the Act; Fair Work Act 2009 and Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to provide that the FWC can only terminate an agreement that has nominally expired on the unilateral application of a party in limited circumstances; Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to provide for the sunsetting of all remaining transitional instruments; and Safety, Rehabilitation and Compensation Act 1988 to update the worker's compensation presumptive liability provisions for firefighters. Also makes consequential amendments to four Acts and repeals the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 and Building and Construction Industry Improvement (Consequential and Transitional) Act 2005.

Progress

House of Representatives
Introduced and read a first time 27 Oct 2022
Second reading moved 27 Oct 2022
Second reading debate 08 Nov 2022
Second reading debate 09 Nov 2022
Second reading agreed to 10 Nov 2022
Consideration in detail debate
  • Amendment details: 153 Government agreed to, 4 Crossbench agreed to
10 Nov 2022
Third reading agreed to 10 Nov 2022
Senate
Introduced and read a first time 21 Nov 2022
Second reading moved 21 Nov 2022
Second reading debate 29 Nov 2022
Second reading debate 30 Nov 2022
Second reading agreed to 30 Nov 2022
Committee of the Whole debate 30 Nov 2022
Committee of the Whole debate
  • Amendment details: 68 Government, 3 Australian Greens and 3 Independent (Senator Pocock) agreed to
01 Dec 2022
Third reading agreed to 01 Dec 2022
House of Representatives
Message from Senate reported 02 Dec 2022
Consideration of Senate message
  • Details: House agreed to Senate amendments
02 Dec 2022
Finally passed both Houses 02 Dec 2022
Assent
  • Act no: 79
  • Year: 2022
06 Dec 2022

Documents and transcripts

Text of bill

Explanatory memoranda

Proposed amendments

House of representatives

Senate

Schedules of amendments

Bills digest

Notes

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 changes to the bill. For details about the outcome of proposed amendments please refer to either the 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.

We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. We pay our respects to the people, the cultures and the elders past, present and emerging.

Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people.