Fair Work Amendment Act 2013

Administered by Attorney-General's Department

Legislation au C2013A00073 In force Act

Legislation content

 

 

 

 

 

 

Fair Work Amendment Act 2013

 

No. 73, 2013

 

 

 

 

 

An Act to amend the law relating to workplace relations, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Family‑friendly measures

Part 1—Special maternity leave

Fair Work Act 2009

Part 2—Parental leave

Fair Work Act 2009

Part 3—Right to request flexible working arrangements

Fair Work Act 2009

Part 4—Consultation about changes to rosters or working hours

Fair Work Act 2009

Part 5—Transfer to a safe job

Fair Work Act 2009

Schedule 2—Modern awards objective

Fair Work Act 2009

Schedule 3—Anti‑bullying measure

Fair Work Act 2009

Schedule 3A—Conferences

Fair Work Act 2009

Schedule 4—Right of entry

Fair Work Act 2009

Schedule 4A—Consent arbitration for general protections and unlawful termination

Part 1—General protections

Fair Work Act 2009

Part 2—Unlawful termination

Fair Work Act 2009

Schedule 5—The FWC

Fair Work Act 2009

Schedule 6—Technical amendments

Fair Work Act 2009

Fair Work Amendment Act 2012

Schedule 6A—Registered organisations

Fair Work (Registered Organisations) Amendment Act 2012

Schedule 7—Application and transitional provisions

Fair Work Act 2009

 

 

 

Fair Work Amendment Act 2013

No. 73, 2013

 

 

 

An Act to amend the law relating to workplace relations, and for related purposes

[Assented to 28 June 2013]

 

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Fair Work Amendment Act 2013.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 June 2013

2.  Schedule 1, Parts 1 to 3

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 July 2013

3.  Schedule 1, Part 4

1 January 2014.

1 January 2014

4.  Schedule 1, Part 5

At the same time as the provision(s) covered by table item 2.

1 July 2013

5.  Schedule 2

1 January 2014.

1 January 2014

6.  Schedule 3

1 January 2014.

1 January 2014

6A.  Schedule 3A

At the same time as the provision(s) covered by table item 2.

1 July 2013

7.  Schedule 4

1 January 2014.

1 January 2014

7A.  Schedule 4A

1 January 2014.

1 January 2014

8.  Schedule 5, item 1

Immediately after the commencement of the Fair Work Amendment (Transfer of Business) Act 2012.

5 December 2012

9.  Schedule 5, item 2

Immediately after the commencement of Schedule 1 to the Fair Work Amendment (Textile, Clothing and Footwear Industry) Act 2012.

1 July 2012

10.  Schedule 5, items 3 and…

Overview

The Fair Work Amendment Act 2013 (C2013A00073) was enacted by the Parliament of Australia to amend the law relating to workplace relations and address several gaps in the Fair Work Act 2009. This Act introduces a range of measures aimed at enhancing family-friendly workplace policies, improving the rights of employees in various circumstances, and strengthening the processes for handling workplace disputes. Key changes include the introduction of special maternity leave, adjustments to parental leave provisions, the right to request flexible working arrangements for parents and carers, and requirements for employers to consult employees on changes to their rosters or working hours. Additionally, the Act provides protections against workplace bullying and establishes a framework for dealing with disputes about the frequency of entry to premises for holding discussions with employees. The amendments also introduce consent arbitration for general protections and unlawful termination disputes, and provide for the Fair Work Commission to make orders to stop bullying at work. The policy objective of these amendments is to create a more balanced and supportive workplace environment that accommodates the needs of employees, particularly those with family responsibilities.

Scope and Application

The Fair Work Amendment Act 2013 amends the Fair Work Act 2009 and applies to various persons, entities, industries, and conduct within the Australian workplace relations framework. The Act primarily affects employees, employers, and the Fair Work Commission (FWC). It introduces family-friendly measures, such as special maternity leave, parental leave, and the right to request flexible working arrangements, which are applicable to employees and employers across different sectors. Additionally, the Act modifies the modern awards objective, incorporates anti-bullying measures, and introduces changes to the right of entry and consent arbitration processes for general protections and unlawful termination. The Act's geographic and jurisdictional reach is national, as it applies to all states and territories within Australia. Certain exclusions and thresholds are specified within the Act and its schedules, such as the conditions for taking unpaid special maternity leave and the criteria for unpaid parental leave. The application of the Act's provisions is detailed in Schedule 7, which outlines commencement dates and transitional provisions for different parts of the Act. The Act also extends its application through subordinate instruments, such as regulations and guidelines, to provide further clarity and implementation details.

Key Provisions

  • The Fair Work Amendment Act 2013 amends the Fair Work Act 2009 to introduce several new provisions related to family-friendly measures, anti-bullying, and other workplace relations. The Act establishes special maternity leave, parental leave, and the right to request flexible working arrangements, among other measures. It also introduces a new anti-bullying measure that allows workers to apply to the Fair Work Commission (FWC) for an order to stop the bullying. Additionally, the Act amends the modern awards objective to include provisions for additional remuneration for certain types of work.
  • The Act imposes obligations on employers to provide certain leave and benefits to employees, such as special maternity leave, unpaid parental leave, and paid no safe job leave. It also requires employers to consult employees about changes to their regular roster or ordinary hours of work. Employees, on the other hand, have the right to request flexible working arrangements and to be transferred to a safe job if it is inadvisable for them to continue in their present position due to hazards or risks arising from their pregnancy.
  • The Act sets out various offences and penalties for breaches of its provisions. For example, contravening an order to stop bullying is a civil remedy provision, and contravening costs orders is also a civil remedy provision. Additionally, employers who fail to provide the required leave or benefits to employees may be subject to penalties under the Act.
  • Overall, the Fair Work Amendment Act 2013 aims to improve workplace relations and protect the rights of employees by introducing new measures and amending existing provisions. The Act imposes obligations on employers to provide certain benefits and protections to employees, and it sets out offences and penalties for breaches of its provisions.

Legal classification tags

Area of Law
Employment & Labour Law
Family Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Licensing & Registration
Repeal & Amendment
Consultation Requirements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.