26th Oct 2017, 10:31 AM – Representatives Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017 - Report from Federation Chamber - Penalty rates

The majority voted against an amendment requested by the Federation Chamber (which is a debating committee). This means the amendment failed and the original question was agreed to.

The original question was that the House give the bill a second reading (which essentially means that the House agrees with the main idea and can now discuss it in more detail).

Amendment text

That all words after “That” be omitted with a view to substituting the following words:

“whilst not declining to give the bill a second reading, the House calls on the Government to:

(1) abandon its support of the decision of the Fair Work Commission to cut penalty rates because it will mean nearly 700,000 Australians will have their take home pay cut by up to $77 a week; and

(2) legislate to prevent the decision from taking effect to stop Australians from having their penalty rates cut”

What does this bill do?

The bill:

Amends the Fair Work Act 2009 to:

prohibit terms of a modern award or an enterprise agreement requiring or permitting contributions for the benefit of an employee to be made to any fund other than a superannuation fund, a registered worker entitlement fund or a registered charity;

require any term of a modern award or enterprise agreement that names a worker entitlement fund or insurance product to provide for an employee to choose another fund or insurance product;

prohibit any term of a modern award, enterprise agreement or contract of employment permitting or requiring employee contributions to an election fund for an industrial association; and

prohibit any action with the intent to coerce an employer to pay amounts to a particular worker entitlement fund, superannuation fund, training fund, welfare fund or employee insurance scheme;

Fair Work (Registered Organisations) Act 2009 to:

require registered organisations to adopt, and periodically review, financial management policies;

require registered organisations to keep credit card records and report certain loans, grants and donations;

require specific disclosure by registered organisations and employers of the financial benefits obtained by them and persons linked to them in connection with employee insurance products, welfare fund arrangements and training fund arrangements; and

introduce a range of new penalties relating to compliance with financial management, disclosure and reporting requirements; and

Fringe Benefits Tax Assessment Act 1986, Income Tax Assessment Act 1997 and Taxation Administration Act 1953 to make consequential amendments.