Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 - Second Reading - Small business
Passed by a small majority
No rebellions 90% attendance
Senator Pocock explained that:
This amendment does two things. It widens the eligibility for the right to request flexibility, and it establishes a positive duty in favour of creating flexible workplace in Australia. It's 2022. Flexibility should be available to all employees, not just those with narrowly defined family responsibilities. It's only when seeking flexibility is something available to all that the stigma will be removed from asking for it, and we will see more men seeking flexibility and hopefully sharing domestic and care duties as a consequence. Wider eligibility for flexibility has been adopted in the UK, based on clear evidence about its value. Guess what? The sky has not fallen.
The second part of this amendment establishes a positive duty to create flexible workplaces. A modern workplace should create an environment that actively anticipates and responds to the needs of its workers and doesn't require individuals to have to push for it one by one individually, too often at risk of job security. So many employers already do this, talking to employees. This amendment will encourage others to create that positive flexible environment.
(1) Schedule 1, Divisions 1 and 2, page 130 (line 2) to page 131 (line 17), omit the Divisions, substitute:
Division 1 — Requests for flexible working arrangements
Fair Work Act 2009
446 Subsections 65(1), (1A) and (1B)
Repeal the subsections, substitute:
(1) If an employee would like to change his or her working arrangements, 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) Schedule 1, item 459, page 132 (lines 4 and 5), omit "relating to circumstances that apply to the employee".
(3) Schedule 1, item 459, page 132 (lines 20 and 21), omit "to accommodate the circumstances mentioned in subsection (1)".
(4) Schedule 1, item 459, page 133 (lines 34 to 36), omit "that would accommodate, to any extent, the circumstances mentioned in subsection (1) and".
(5) Schedule 1, item 463, page 134 (lines 25 and 26), omit "relating to circumstances that apply to the employee".
(6) Schedule 1, item 463, page 136 (lines 25 and 26), omit "to accommodate, to any extent, the circumstances mentioned in paragraph 65B(1)(a)".
(7) Schedule 1, Part 11, page 138 (after line 9), at the end of the Part, add:
Division 5 — Positive duty for flexible working arrangements
Fair Work Act 2009
469AA After paragraph 336(1)(c)
(ca) to protect the ability of persons to balance work and family responsibilities, and in doing so to promote gender equality;
469AB After section 351
351A Positive duty to ensure flexible working arrangements are made available
(1) An employer must take reasonable and proportionate measures to ensure that, as far as possible, flexible working arrangements are made available to the employees of the employer to assist them to balance their work and family responsibilities.
Note: This section is a civil remedy provision (see Part 4-1).
(2) The following matters are to be taken into account in determining whether an employer complies with subsection (1):
(a) the size, nature and circumstances of the employer's business or undertaking;
(b) the employer's resources, whether financial or otherwise;
(c) the practicability and the cost of making flexible working arrangements available;
(d) whether the employer has complied with any guidelines prepared and published by the FWC under subsection (3);
(e) any other relevant matter.
(3) The FWC has the function to prepare, and to publish in such manner as the FWC considers appropriate, guidelines for complying with subsection (1).
(4) In performing its functions under subsection (3), the FWC must have regard to:
(a) the need for guidelines to be available in multiple languages; and
(b) the cultural diversity of Australian workplaces.
Positive duty additional to requirements und er Division 4 of Part 2-2
(5) To avoid doubt, the requirement in subsection (1) applies in addition to the requirements in Division 4 of Part 2-2 (requests for flexible working arrangements).
469AC Subsection 539(2) (cell at table item 11, column 1)
After "351(1)", insert:
Nobody rebelled against their party.
|Australian Greens (100% turnout)||12 Yes – 0 No|
|Penny Allman-Payne Queensland||Yes|
|Dorinda Cox WA||Yes|
|Mehreen Faruqi NSW||Yes|
|Sarah Hanson-Young SA||Yes|
|Nick McKim Tasmania||Yes|
|Barbara Pocock SA||Yes|
|Janet Rice Victoria||Yes|
|David Shoebridge NSW||Yes|
|Jordon Steele-John WA||Yes|
|Lidia Thorpe Victoria||Yes|
|Larissa Waters Queensland||Yes|
|Peter Whish-Wilson Tasmania||Yes|
|Australian Labor Party (80% turnout)||0 Yes – 20 No|
|Tim Ayres NSW||No|
|Catryna Bilyk Tasmania||No|
|Carol Brown Tasmania||No|
|Anthony Chisholm Queensland||No|
|Patrick Dodson WA||No|
|Don Farrell SA||No|
|Katy Gallagher ACT||No|
|Nita Green Queensland||No|
|Karen Grogan SA||No|
|Malarndirri McCarthy NT||No|
|Deborah O'Neill NSW||No|
|Fatima Payman WA||No|
|Helen Polley Tasmania||No|
|Louise Pratt WA||No|
|Tony Sheldon NSW||No|
|Marielle Smith SA||No|
|Glenn Sterle WA||No|
|Anne Urquhart Tasmania||No|
|Jess Walsh Victoria||No|
|Linda White Victoria||No|
|Raff Ciccone Victoria||Absent|
|Jenny McAllister NSW||Absent|
|Jana Stewart Victoria||Absent|
|Murray Watt Queensland||Absent|
|Penny Wong SA||Absent|
|Jacinta Nampijinpa Price NT Country Liberal Party||Absent|
|Andrew McLachlan SA Deputy President||No|
|David Pocock ACT Independent||Yes|
|Jacqui Lambie Network (0% turnout)||Absent|
|Jacqui Lambie Tasmania||Absent|
|Tammy Tyrrell Tasmania||Absent|
|Liberal National Party (100% turnout)||0 Yes – 2 No|
|Matthew Canavan Queensland||No|
|James McGrath Queensland||No|
|Liberal Party (54% turnout)||0 Yes – 13 No|
|Alex Antic SA||No|
|Wendy Askew Tasmania||No|
|Andrew Bragg NSW||No|
|Slade Brockman WA||No|
|Michaelia Cash WA||No|
|Claire Chandler Tasmania||No|
|Jonathon Duniam Tasmania||No|
|David Fawcett SA||No|
|Sarah Henderson Victoria||No|
|Matt O'Sullivan WA||No|
|Linda Reynolds WA||No|
|Paul Scarr Queensland||No|
|David Van Victoria||No|
|Simon Birmingham SA||Absent|
|Richard Colbeck Tasmania||Absent|
|Hollie Hughes NSW||Absent|
|Jane Hume Victoria||Absent|
|Kerrynne Liddle SA||Absent|
|Jim Molan NSW||Absent|
|James Paterson Victoria||Absent|
|Marise Payne NSW||Absent|
|Gerard Rennick Queensland||Absent|
|Anne Ruston SA||Absent|
|Dean Smith WA||Absent|
|National Party (25% turnout)||0 Yes – 1 No|
|Perin Davey NSW||No|
|Ross Cadell NSW||Absent|
|Susan McDonald Queensland||Absent|
|Bridget McKenzie Victoria||Absent|
|Pauline Hanson's One Nation Party (50% turnout)||0 Yes – 1 No|
|Malcolm Roberts Queensland||No|
|Pauline Hanson Queensland||Absent|
|Sue Lines WA President||Absent|
|Ralph Babet Victoria United Australia Party||No|
|Totals (68% turnout)||13 Yes – 39 No|
Turnout is the percentage of members eligible to vote that did vote.