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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work Amendment (Bargaining
Processes) Bill 2014
No. , 2014
(Employment)
A Bill for an Act to amend the Fair Work Act 2009,
and for related purposes
No. , 2014
Fair Work Amendment (Bargaining Processes) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Work Act 2009
3
Schedule 2--Application and transitional provisions
5
Fair Work Act 2009
5
No. , 2014
Fair Work Amendment (Bargaining Processes) Bill 2014
1
A Bill for an Act to amend the Fair Work Act 2009,
1
and for related purposes
2
The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Fair Work Amendment (Bargaining
5
Processes) Act 2014.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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12
2
Fair Work Amendment (Bargaining Processes) Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Amendments Schedule 1
No. , 2014
Fair Work Amendment (Bargaining Processes) Bill 2014
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Schedule 1
--Amendments
1
2
Fair Work Act 2009
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1 After subsection 187(1)
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Insert:
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Requirement that productivity improvements be discussed during
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bargaining
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(1A) If the agreement is not a greenfields agreement, the FWC must be
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satisfied that, during bargaining for the agreement, improvements
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to productivity at the workplace were discussed.
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2 Subsection 443(1)
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After "must", insert "only".
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3 After subsection 443(1)
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Insert:
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(1A) For the purposes of paragraph (1)(b), the FWC must have regard to
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all relevant circumstances, including the following matters:
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(a) the steps taken by each applicant to try to reach an
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agreement;
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(b) the extent to which each applicant has communicated its
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claims in relation to the agreement;
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(c) whether each applicant has provided a considered response to
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proposals made by the employer;
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(d) the extent to which bargaining for the agreement has
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progressed.
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4 Subsection 443(2)
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Repeal the subsection, substitute:
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(2) Despite subsection (1), the FWC must not make a protected action
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ballot order in relation to a proposed enterprise agreement if it is
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satisfied that a claim of an applicant or, when taken as a whole, the
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claims of an applicant:
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Schedule 1 Amendments
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Fair Work Amendment (Bargaining Processes) Bill 2014
No. , 2014
(a) are manifestly excessive, having regard to the conditions at
1
the workplace and the industry in which the employer
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operates; or
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(b) would have a significant adverse impact on productivity at
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the workplace.
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Application and transitional provisions Schedule 2
No. , 2014
Fair Work Amendment (Bargaining Processes) Bill 2014
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Schedule 2
--Application and transitional
1
provisions
2
3
Fair Work Act 2009
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1 At the end of the Act
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Add:
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Schedule 6--Amendments made by the Fair
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Work Amendment (Bargaining
8
Processes) Act 2014
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Note:
See section 795A.
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11
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1 Definitions
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In this Schedule:
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amending Act means the Fair Work Amendment (Bargaining
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Processes) Act 2014.
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2 Item 1 of Schedule 1 to the amending Act
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The amendment made by item 1 of Schedule 1 to the amending Act
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applies in relation to an enterprise agreement that is made after the
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day this item commences.
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3 Items 2 to 4 of Schedule 1 to the amending Act
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The amendments made by items 2 to 4 of Schedule 1 to the
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amending Act apply in relation to an application for a protected
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action ballot order that is made after the day this item commences.
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