Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023

The majority voted in favour of disagreeing with amendments (1), (5), (6), and (9) to (11), which were introduced by Bradfield MP Paul Fletcher (Liberal). This means they failed.

Amendment text

Mr Fletcher explained that:

Amendment (1) will insert into the bill a review of schedule 2 of the bill, which relates to the Paid Parental Leave scheme, which must start after a period of six months of operation of the schedule. Amendments (5) and (6) operate to guarantee that employers who are found to underpay super as a result of an administrative binding order or other arrangement provided by the Australian Taxation Office will not receive a pecuniary penalty from a court. Amendments (9) and (10) together have the effect of clarifying what in fact would constitute eligible wages for the purposes of the long service leave levy and will accordingly make it clearer for employers and employees as to what would constitute eligible wages. Amendment (11) would address the notice period required for flexible unpaid parental. I commend these amendments to the chamber.

Amendment text

(1) Page 3 (after line 8), after clause 3, insert:

4 Review of operation of unpaid parental leave amendments

(1) The Minister must cause a review to be conducted of the operation of the amendments made by Schedule 2 to this Act.

(3) The review must start as soon as practicable after the end of the period of 6 months after the commencement of Schedule 2.

(4) The persons who conduct the review must give the Minister a written report of the review within 3 months of the commencement of the review.

(5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

(5) Schedule 3, item 2, page 19 (after line 19), at the end of Division 10A, add:

116F Pecuniary penalty orders

A court must not make a pecuniary penalty order against an employer for a contravention of a civil penalty provision that relates to a contravention of this Division if the conduct constituting the contravention was in accordance with binding advice given by or on behalf of the Commissioner of Taxation.

(6) Schedule 3, Part 1, page 19 (after line 19), at the end of the Part, add:

2A Subsection 546(1) (before the note)

Insert:

Note 1: Pecuniary penalty orders cannot be made in relation to certain conduct that contravenes Division 10A of Part 2-2 (see section 116F).

2B Subsection 546(1) (note)

Omit "Note:", substitute "Note 2:".

(4) If the deductions are for amounts as varied from time to time, any variation that increases the amount of one or more of the deductions must be authorised in writing by the employee.

(9) Schedule 6, item 9, page 26 (line 28), omit "and bonuses", substitute ", bonuses and casual loading but excluding any other monetary allowance, loading or other separately identifiable amount".

(10) Schedule 6, item 13, page 27 (line 26), omit "and bonuses", substitute ", bonuses and casual loading but excluding any other monetary allowance, loading or other separately identifiable amount".

(11) Schedule 8, item 1, page 32 (line 7), omit "or (4B)".