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