Fair Work Amendment Act 2015

Overview

The Fair Work Amendment Act 2015, enacted by the Parliament of Australia and assented to on 26 November 2015, amends the Fair Work Act 2009 to address various gaps and issues within Australia's workplace relations framework. This Act introduces several key amendments, including the extension of unpaid parental leave provisions, the establishment of specific negotiation periods for Greenfields agreements, and adjustments to the procedures for protected action ballot orders and unclaimed money. These changes aim to enhance the efficiency and fairness of workplace negotiations and agreements while providing clearer guidelines for the handling of unclaimed money within the Fair Work system. The Act also mandates a review of the operation of certain amendments to ensure their effectiveness and compliance with the intended policy objectives.

Scope and Application

The Fair Work Amendment Act 2015 amends the Fair Work Act 2009 to introduce various changes and enhancements to workplace laws in Australia. The Act applies to employers, employees, and employee organisations across all states and territories, thereby having a national jurisdictional reach. Key amendments include the extension of the period of unpaid parental leave, modifications to the process for negotiating greenfields agreements, changes to protected action ballot orders, and provisions for unclaimed money. The amendments concerning unpaid parental leave apply to requests made after the commencement of the relevant part of the Act. For greenfields agreements, the changes apply to proposed agreements if an employer agrees to bargain for the agreement after the relevant commencement date. The amendment regarding protected action ballot orders applies to applications made after the relevant part commences. The Act also specifies transitional provisions for different parts of the amendments, ensuring a smooth implementation. Additionally, the Fair Work Amendment Act 2015 mandates an independent review of certain amendments, particularly those related to greenfields agreements, to be completed within two years of the relevant commencement date. This review aims to assess the effect of the amendments and any related matters specified by the Minister.

Key Provisions

• The Fair Work Amendment Act 2015 amends the Fair Work Act 2009 to introduce several significant changes, primarily focusing on extending the period of unpaid parental leave, modifying Greenfields agreements, introducing new provisions for protected action ballot orders, and making changes to the handling of unclaimed money. The Act received Royal Assent on 26 November 2015 and most provisions commenced on 27 November 2015, with some provisions coming into effect on 1 January 2016.
• Sections 1 to 3 and unspecified provisions of the Act commenced on the day of Royal Assent. Part 1 of Schedule 1, concerning the extension of unpaid parental leave, commenced the day after Royal Assent, i.e., on 27 November 2015. Part 5 and Part 7 of Schedule 1, which relate to Greenfields agreements and protected action ballot orders respectively, also commenced on 27 November 2015. Part 10 of Schedule 1, concerning unclaimed money, has a commencement date to be fixed by proclamation, with a default commencement date of 1 January 2016 if not earlier. Schedule 2, which includes application and transitional provisions, commenced on 27 November 2015.
• The Act imposes obligations on employers and employee organisations in relation to unpaid parental leave, Greenfields agreements, and protected action ballot orders. For unpaid parental leave, employers must not refuse an employee's request for unpaid parental leave unless they have given the employee a reasonable opportunity to discuss the request. Regarding Greenfields agreements, employers and employee organisations must adhere to specific bargaining representative provisions, notification periods, and limitations on good faith bargaining and bargaining orders after the notified negotiation period ends. For protected action ballot orders, the Act requires a notification time in relation to the proposed enterprise agreement before protected industrial action can be taken.
• The Act also outlines penalties and consequences for non-compliance. For example, the Fair Work Ombudsman can impose civil penalties for breaches of the Act, and serious breaches of good faith bargaining requirements can result in orders being made against the parties involved. Additionally, the Fair Work Commission must be satisfied that a Greenfields agreement provides for pay and conditions consistent with the prevailing industry standards when approving such agreements. Failure to comply with these provisions can result in the agreement not being approved by the Fair Work Commission.
• The Act mandates an independent review of the amendments made by Part 5 of Schedule 1 within two years of the commencement of that Part. The review must consider the effect of the amendments and any other related matters specified by the Minister. The Minister must then table a copy of the review report in each House of Parliament within 15 sitting days of receiving it.

Legal classification tags

Area of Law

Employment & Labour Law

Instrument

Act

Concepts

Commencement Provisions

Reporting & Disclosure Obligations

Regulatory Standards

Protected Action Ballot Orders