Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025

The majority voted against amendments introduced by Goldstein MP Tim Wilson (Liberal), which means they failed.

Amendment text

(1) Schedule 1, item 1, page 3 (line 6) to page 3 (line 18), omit section 135A, substitute:

135A Special provisions relating to penalty rates and overtime rates

(1) In exercising its powers under this Part to make, vary or revoke modern awards, the FWC must be satisfied that:

(a) the rate of a penalty rate or an overtime rate that employees are entitled to receive under the modern award is not reduced; and

(b) modern awards do not include terms that substitute employees' entitlements to receive penalty rates or overtime rates where those terms would have the effect of reducing the additional remuneration referred to in paragraph 134(1)(da) that an affected employee would otherwise receive under the modern award.

(2) Subsection (1) does not apply when the FWC exercises powers under this Part pursuant to:

(a) section 144 (flexibility terms); or

(b) section 160 (which deals with variation to remove ambiguities or correct errors); or

(c) paragraph 157 (3)(a) (own initiative).

(3) Paragraph (1)(b) does not apply when the FWC exercises powers under this Part in relation to terms of a modern award that substitute employees' entitlements to receive penalty rates or overtime rates where those terms existed immediately prior to commencement of Subsection (1).

(4) Paragraph (1)(b) does not apply when the FWC exercises powers under this Part in relation to terms of a modern award that substitute employees' entitlements to receive penalty rates or overtime rates where those terms are expressed to apply only to a small business employer.

(5) Subsection (1) does not limit the FWC's ability to make a determination to vary a modern award where the determination is made:

(a) to ensure that awards are operating effectively by addressing any anomaly or technical irregularity in the award arising from either the making of the award or past variations to it; or

(b) as an outcome of proceedings commenced by the Commission of its own motion if Commission is satisfied is necessary to achieve the modern awards objective and compliance with section 138, or

(c) following the Fair Work Commission being satisfied that the variation is fair to employees and that it would:

(i) improve productivity; or

(ii) promote employment opportunities or the participation of employees in paid work; or

(iii) assist employees to balance their work and family commitments.

(2) Schedule 1, page 4 (after line 3), at the end of the Schedule, add:

3 Regulatory impact statement

(1) The Minister must cause a regulatory impact statement to be prepared in relation to the operation of the amendments made by this Act.

(2) The persons preparing the regulatory impact statement must complete it within one year after this Act commences.

(3) The persons preparing the regulatory impact statement must give the Minister a copy of the statement.

(4) The Minister must cause a copy of the regulatory impact statement to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives a copy of the statement.