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

The majority voted against amendments introduced by South Australian Senator Barbara Pocock (Greens), which means they failed. The amendments would have made it "a right for all Australian workers—not just those with a school-age child, not just carers, but anyone—looking for flexibility to ask for it."

Amendment text

(1) Schedule 1, heading, page 3 (line 1), omit "Amendments", substitute "Penalty and overtime rates".

(2) Page 4 (after line 7), at the end of the Bill, add:

Schedule 3 — Requests for flexible working arrangements

Fair Work Act 2009

1 Subsections 65(1) and (1A)

Repeal the subsections, substitute:

Employee may request change in working arrangements

(1) If an employee would like to change his or her working arrangements then the employee may request the employer for a change in working arrangements.

Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work.

2 Subsection 65A(1)

Omit "relating to circumstances that apply to the employee".

3 Subparagraph 65A(3)(a)(ii)

Omit "the circumstances mentioned in subsection (1)", substitute "the request".

4 Subparagraph 65A(6)(c)(i)

Omit "the circumstances mentioned in subsection (1)", substitute "the request".

5 Paragraph 65B(1)(a)

Omit "relating to circumstances that apply to the employee".

6 Subparagraph 65C(1)(f)(ii)

Omit "the circumstances mentioned in paragraph 65B(1)(a)", substitute "the request".

7 In the appropriate position in Schedule 1

Insert:

Part 21 — Amendments made by Schedule 3 to the Fair Work Amendment (Protecting Penalty and Overtime Rates) Act 2025

129 Application of amendments

The amendments made by Schedule 3 to the Fair Work Amendment (Protecting Penalty and Overtime Rates) Act 2025 apply in relation to a request for a change in working arrangements under subsection 65(1) made on or after the commencement of that Schedule.