Fair Work Amendment Bill 2012
Information about the Inquiry
On 01 November 2012 the Senate referred the Fair Work Amendment Bill 2012 for inquiry and report.
The bill is the first tranche of the government's response to the review of the Fair Work Act 2009. Amendments include:
- Changes to the 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;
- Notification requirements for scope order applications, and the form of the notice of employee representational rights;
- Clarifying that opt-out terms cannot be included in enterprise agreements, that enterprise agreements cannot be made with only one employee and that a union official from one union cannot act as a bargaining representative where that union does not have coverage;
- Aligning the time limits for lodging unfair dismissal claims and general protections claims involving dismissal at 21 days, and new measures in relation to dismissing unfair dismissal applications and costs orders;
- Clarifying which union members are able to vote on and participate in protected industrial action and the conduct of protected action ballots, including allowing for electronic voting and requiring ballots to be conducted expeditiously;
- Changing the name to the Fair Work Commission (FWC);
- Providing for the appointment of the General Manager to be made on the nomination of the FWC President;
- Allowing stay orders to be made by Presidential Members;
- Allowing for the appointment of acting Commissioners;
- Creating 2 statutory positions of Vice President;
- Including a process to deal with complaints against FWC members and streamlining provisions dealing with conflicts of interest of members, and
- other minor amendments to improve the conduct of matters before the FWC.
The Bill would also amend the FW Act to give effect to the Government's response to the Productivity Commission's Report into Default Superannuation Funds in Modern Awards, including:
- Introducing new requirements in relation to modern award terms about default superannuation, and the process under which the FWC would review default fund terms every 4 years, at the same time as the 4 yearly review of modern awards; and
- Provide for the establishment of an Expert Panel, which will subsume the functions of the Minimum Wage Panel.
Submissions should be received by 13 November 2012. The reporting date is 26 November 2012.
The Committee is seeking written submissions from interested individuals and organisations preferably in electronic form submitted online or sent by email to eewr.sen@aph.gov.au as an attached Adobe PDF or MS Word format document. The email must include full postal address and contact details.
Alternatively, written submissions may be sent to:
Committee Secretary
Senate Education, Employment and Workplace Relations Committees
PO Box 6100
Parliament House
Canberra ACT 2600
Australia
Notes to help you prepare your submission are available from the website at https://www.aph.gov.au/senate/committee/wit_sub/index.htm. Alternatively, the Committee Secretariat will be able to help you with your inquiries and can be contacted on telephone +61 2 6277 3521 or facsimile +61 2 6277 5706 or by email to eewr.sen@aph.gov.au.
Inquiries from hearing and speech impaired people should be directed to Parliament House TTY number 02 6277 7799. Adobe also provides tools at http://access.adobe.com/ for the blind and visually impaired to access PDF documents. If you require any special arrangements to enable you to participate in the Committee's inquiry, please contact the Committee Secretariat.
Once the Committee accepts your submission, it becomes a confidential Committee document and is protected by Parliamentary Privilege. You must not release your submission without the Committee's permission. If you do, it will not be protected by Parliamentary Privilege. At some stage during the inquiry, the Committee normally makes submissions public and places them on its website. Please indicate if you want your submission to be kept confidential.
For further information, contact: Committee Secretary
Senate Education, Employment and Workplace Relations Committees
PO Box 6100
Parliament House
Canberra ACT 2600
Australia