Fair Work Amendment Act 2012
No. 174, 2012 as amended
Compilation start date: 28 June 2013
Includes amendments up to: Act No. 89, 2013
About this compilation
The compiled Act
This is a compilation of the Fair Work Amendment Act 2012 as amended and in force on 28 June 2013. It includes any amendment affecting the compiled Act to that date.
This compilation was prepared on 14 August 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.
Modifications
If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Default superannuation
Fair Work Act 2009
Schedule 2—Expert Panel
Fair Work Act 2009
Fair Work (Registered Organisations) Act 2009
Road Safety Remuneration Act 2012
Schedule 3—Modern awards
Part 1—Variation etc. of modern awards
Fair Work Act 2009
Part 2—Applications to vary etc. modern awards
Fair Work Act 2009
Schedule 4—Enterprise agreements
Part 1—Enterprise agreements covering a single employee
Fair Work Act 2009
Part 2—Bargaining representatives
Fair Work Act 2009
Part 3—Unlawful terms
Fair Work Act 2009
Part 4—Scope orders
Fair Work Act 2009
Part 5—Notice of employee representational rights
Fair Work Act 2009
Schedule 5—General protections
Part 1—Time limits for making applications
Fair Work Act 2009
Part 2—The persons protected by the general protections
Fair Work Act 2009
Schedule 6—Unfair dismissal
Part 1—Time limits for making applications
Fair Work Act 2009
Part 2—Power to dismiss applications
Fair Work Act 2009
Part 3—Costs orders against parties
Fair Work Act 2009
Part 4—Costs orders against lawyers and paid agents
Fair Work Act 2009
Schedule 7—Industrial action
Part 1—Electronic voting in protected action ballots
Fair Work Act 2009
Part 2—Employees to be balloted in protected action ballots
Fair Work Act 2009
Part 3—Conducting protected action ballots
Fair Work Act 2009
Schedule 8—The Fair Work Commission
Part 1—Stay orders
Fair Work Act 2009
Part 2—Conflicts of interest
Fair Work Act 2009
Part 3—Referral of matters to Full Bench etc.
Fair Work Act 2009
Part 4—Appointing acting Commissioners
Fair Work Act 2009
Part 5—Appointing the General Manager
Fair Work Act 2009
Part 6—Vice Presidents
Fair Work Act 2009
Fair Work (Registered Organisations) Act 2009
Road Safety Remuneration Act 2012
Part 7—Handling complaints
Fair Work Act…
Overview
The Fair Work Amendment Act 2012 was enacted by the Commonwealth Parliament to amend the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, and other related legislation. This Act addresses various issues in the Australian workplace relations system, such as the regulation of superannuation funds, the process of varying modern awards, and the powers and responsibilities of the Fair Work Commission. The overarching policy objective is to ensure fairness and efficiency in the workplace by strengthening the mechanisms for resolving disputes, improving the administration of awards, and enhancing the role of the Fair Work Commission. The Act also introduces changes to the nomenclature, replacing references to "Fair Work Australia" with "the Fair Work Commission" to reflect the ongoing evolution of the Australian industrial relations framework.
Scope and Application
The Fair Work Amendment Act 2012 is a Commonwealth statute that amends the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, the Road Safety Remuneration Act 2012, and other related legislation. The Act applies to employers, employees, employee organisations, employers’ organisations, and other relevant entities within the Australian workplace relations framework. It governs various aspects, including default superannuation arrangements, the process for varying modern awards, enterprise agreements, general protections, unfair dismissal, industrial action, and the operations of the Fair Work Commission. The Act introduces changes such as the requirement for modern awards to include default fund terms, the establishment of Expert Panels to review and vary these terms, and amendments to the timelines and procedures for making applications related to unfair dismissals and general protections. Additionally, the Act changes the name of Fair Work Australia to the Fair Work Commission, reflecting its restructured role and responsibilities. Certain provisions of the Act extend to the external territories of Australia, while others are specific to the national jurisdiction. The Act also includes transitional and saving provisions to ensure continuity in the application of the law during the transition from Fair Work Australia to the Fair Work Commission. Subordinate instruments may further extend or restrict the application of the Act by prescribing application, transitional, or saving matters.
Key Provisions
- The Fair Work Amendment Act 2012 amends several existing pieces of Australian legislation, primarily focusing on workplace relations and superannuation. Key sections include amendments to modern awards, enterprise agreements, general protections, and the Fair Work Commission. For example, Schedule 1 modifies modern awards to include specific terms regarding superannuation contributions, such as default fund terms (sections 149B and 149C) and the requirement for employers to avoid superannuation guarantee charges (section 149A). Schedule 3 introduces changes to enterprise agreements, prohibiting agreements covering a single employee (section 172(6)) and specifying new conditions for bargaining representatives (section 176(3)). Additionally, it updates the definition of 'paid work' to encompass any form of work for financial gain (section 663).
- The Act imposes various obligations on the parties it governs. Employers and employee organisations must comply with the new terms regarding superannuation contributions, ensuring they make contributions to specified superannuation funds as outlined in the modern awards (section 149D). Enterprise agreements now need to specify the content and form of notices regarding employee representational rights (section 174(1A)), and these notices must comply with prescribed regulations (subsection 174(6)). The Fair Work Commission (FWC) is mandated to conduct 4-yearly reviews of default fund terms in modern awards, ensuring these terms are varied to reflect the best interests of employees (section 156H).
- Breaching the provisions of the Act can lead to various civil and criminal consequences. For instance, section 462 imposes penalties for actions such as fraudulently delivering ballot papers during protected action ballots, with the maximum penalty being a fine of up to 120 penalty units or imprisonment for up to two years, or both. Similarly, section 445 introduces penalties for fraudulent conduct during electronic voting in protected action ballots, with fines up to 120 penalty units. The Act also provides for costs orders against parties and representatives in unfair dismissal matters, as stipulated in sections 400A and 401, which can be enforced if the Fair Work Commission finds the conduct unreasonable. Failure to comply with these obligations can result in financial penalties and other legal repercussions, reinforcing the importance of adherence to the Act's provisions.
- Area of Law
- Employment & Labour Law
- Corporate Law & Governance
- Taxation Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Licensing & Registration
- Enforcement Powers
- Regulatory Standards