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senate vote 2023-12-07#12

Edited by mackay staff

on 2024-02-22 16:30:23

Title

Description

  • The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2023-12-07.43.1) to pass the bill as amended in the Senate. In parliamentary jargon, they voted to read the bill a third time.
  • The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2023-12-07.43.1) to pass the bill as amended in the Senate. In parliamentary jargon, they voted to read the bill a third time. The bill will now return to the House of Representatives where our MPs will decide on whether they agree with the amendments.
  • ### What is the bill's main idea?
  • According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2324a/24bd17):
  • > *The [Fair Work Legislation Amendment (Closing Loopholes) Bill 2023](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r7072) will amend the Fair Work Act 2009 and related legislation to enact a wide range of measures, most notably including:*
  • >
  • > * *introducing a new definition of casual employee and an employee choice pathway for eligible casual employees to change to permanent employment, if they wish to do so*
  • >
  • > * *effectively reinstating the ‘multi-factorial’ test previously applied by courts and tribunals to determine if a worker is an employee or independent contractor*
  • >
  • > * *preventing enterprise agreement wages from being undercut by the use of labour hire (‘same job, same pay’)*
  • >
  • > * *introducing a new criminal offence for intentional wage theft*
  • >
  • > * *allowing the Fair Work Commission to set minimum standards for some (but not all) ‘gig economy’ workers and road transport industry workers*
  • >
  • > * *introducing a new Commonwealth criminal offence of industrial manslaughter*
  • >
  • > * *introducing a rebuttable presumption that a first responder’s employment significantly contributed to the contraction of post-traumatic stress disorder (PTSD) and*
  • >
  • > * *various other measures related to prohibiting discrimination against employees who have been, or continue to be, subjected to family and domestic violence; changing the defence to ‘sham contracting’ from a test of ‘recklessness’ to one of ‘reasonableness’; and a range of other workplace relations measures, which are not examined in this Digest.*
senate vote 2023-12-07#12

Edited by mackay staff

on 2024-02-22 16:27:49

Title

  • Bills — Fair Work Legislation Amendment (Closing Loopholes) Bill 2023; Third Reading
  • Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 - Third Reading - Pass the bill

Description

  • <p class="speaker">Sue Lines</p>
  • <p>The question now is that the remaining stages of the bill be agreed to and the bill be now passed.</p>
  • <p></p>
  • The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2023-12-07.43.1) to pass the bill as amended in the Senate. In parliamentary jargon, they voted to read the bill a third time.
  • ### What is the bill's main idea?
  • According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2324a/24bd17):
  • > *The [Fair Work Legislation Amendment (Closing Loopholes) Bill 2023](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r7072) will amend the Fair Work Act 2009 and related legislation to enact a wide range of measures, most notably including:*
  • >
  • > * *introducing a new definition of casual employee and an employee choice pathway for eligible casual employees to change to permanent employment, if they wish to do so*
  • >
  • > * *effectively reinstating the ‘multi-factorial’ test previously applied by courts and tribunals to determine if a worker is an employee or independent contractor*
  • >
  • > * *preventing enterprise agreement wages from being undercut by the use of labour hire (‘same job, same pay’)*
  • >
  • > * *introducing a new criminal offence for intentional wage theft*
  • >
  • > * *allowing the Fair Work Commission to set minimum standards for some (but not all) ‘gig economy’ workers and road transport industry workers*
  • >
  • > * *introducing a new Commonwealth criminal offence of industrial manslaughter*
  • >
  • > * *introducing a rebuttable presumption that a first responder’s employment significantly contributed to the contraction of post-traumatic stress disorder (PTSD) and*
  • >
  • > * *various other measures related to prohibiting discrimination against employees who have been, or continue to be, subjected to family and domestic violence; changing the defence to ‘sham contracting’ from a test of ‘recklessness’ to one of ‘reasonableness’; and a range of other workplace relations measures, which are not examined in this Digest.*