Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026

Amanda Rishworth

I move:

That the amendments be considered immediately.

Senate's amendments

(1) Schedule 1, page 21 (after line 25), after Part 9, insert:

Part 9A — Certain mandatory terms of workplace determinations must not be less favourable

Fair Work Act 2009

58A Section 270A (heading)

Repeal the heading, substitute:

270A Certain terms must not be less favourable

58B After subsection 270A(2)

Insert:

(2A) A term that is included in the determination to comply with subsection 273(2), (4), (5) or (6) must be not less favourable to each of those employees, and any employee organisation that was a bargaining representative of any of those employees, than a term of the enterprise agreement that deals with the same matter as the term included in the determination.

Note: In addition, the delegates' rights term included in compliance with subsection 273(6) must not be less favourable than the delegates' rights term in any modern award that covers a workplace delegate to whom the determination applies (see subsection 273(7)).

58C At the end of section 270A

Add:

(5) For the avoidance of doubt, subsection (2A) does not apply to any agreed term for the determination that:

(a) is of a kind referred to in subsection 273(3), (4) or (5); or

(b) is a delegates' rights term for the workplace delegates to whom the determination applies.

58D Subsections 273(4) and (5)

Repeal the subsections, substitute:

Flexibility term

(4) Unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203 (which deal with flexibility terms in enterprise agreements), the determination must include:

(a) unless paragraph (b) applies—the model flexibility term; or

(b) if the model flexibility term does not comply with subsection 270A(2A)—a term that complies with that subsection and that would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203.

Consultation term

(5) Unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy subsection 205(1) (which deals with terms about consultation in enterprise agreements), the determination must include:

(a) unless paragraph (b) applies—the model consultation term; or

(b) if the model consultation term does not comply with subsection 270A(2A)—a term that complies with that subsection and that would, if the determination were an enterprise agreement, satisfy subsection 205(1).

(2) Schedule 1, item 62, page 26 (after line 15), after Division 7, insert:

Division 7A — Amendments made by Part 9A of Schedule 1 to the amending Act

138A Application of amendments — intractable bargaining workplace determinations

(1) Sections 270A and 273, as amended by Part 9A of Schedule 1 to the amending Act, apply in relation to intractable bargaining workplace determinations made on or after the commencement of that Part (including determinations in relation to which the intractable bargaining declaration concerned, or the application for that declaration, was made before that commencement).

(2) Sections 270A and 273, as amended by Part 9A of Schedule 1 to the amending Act, also apply in relation to intractable bargaining workplace determinations made before that commencement, in the circumstances specified in clause 138B.

138B Application of amendments to intractable bargaining workplace determinations made before commencement

(1) This clause applies in relation to an intractable bargaining workplace determination made before the commencement of Part 9A of Schedule 1 to the amending Act (the original determination).

(2) On application by an employer, employee or employee organisation covered by the original determination, the FWC must make a determination (a variation) varying the original determination where required so as to give effect to sections 270A and 273 as amended by that Part.

(3) An application under subclause (2) must be made before the end of the period of 12 months commencing on the day that Part commences.

(4) The FWC may make a variation despite paragraph 603(3)(c).

(5) Any variation must be made by a Full Bench.

(6) A variation operates from the day specified by the FWC in the variation, which must not be a day before the variation is made.

Milton Dick

The question is that the amendments be considered immediately.