Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023

The majority voted against amendments introduced by Victorian Senator David Van (Independent), which means they failed.

Amendment text

(1) Schedule 1, item 70B, page 34 (lines 9 to 24), omit section 270A, substitute:

270A Terms dealing with matters at issue

(1) This section applies if, immediately before the determination is made, an enterprise agreement applies to one or more employees who will be covered by the determination.

(2) The determination must be not less favourable overall to those employees, and any employee organisation that was a bargaining representative of any of those employees, than an enterprise agreement that applies to one or more employees who will be covered by the determination.

(3) In considering whether the determination is not less favourable overall under subsection (2), the FWC must have regard to the requirements of sections 193 and 193A, subject to comparison to any enterprise agreement that applies to one or more employees who will be covered by the determination rather than the relevant modern award.

(4) To avoid doubt, section 193 applies to the determination and is not subject to the not less favourable overall test in this section.

(5) To the extent of any inconsistency between this section and section 273, section 273 prevails.

(2) Schedule 1, item 308, page 174 (line 3) to page 175 (line 2), omit clauses 110 and 111 of Schedule 1, substitute:

110 Application of amendments — intractable bargaining workplace determinations

(1) This clause applies to the following provisions:

(a) section 270A of the amended Act;

(b) subsection 274(3) of the amended Act.

(2) The provisions apply in relation to determinations made on or after the commencement of Part 5A of Schedule 1 to the amending Act.

(3) To avoid doubt, the provisions do not apply in relation to applications made under section 235 before the commencement of Part 5A of Schedule 1 to the amending Act.