Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
No. 101, 2017
An Act to amend the Fair Work Act 2009, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Part 1—Increasing maximum penalties for contraventions of certain civil remedy provisions
Fair Work Act 2009
Part 2—Liability of responsible franchisor entities and holding companies
Fair Work Act 2009
Part 3—Unreasonable requirements
Fair Work Act 2009
Part 4—Powers of the Fair Work Ombudsman
Fair Work Act 2009
Part 5—Hindering and obstructing the Fair Work Ombudsman and inspectors
Fair Work Act 2009
Part 6—False or misleading information or documents
Fair Work Act 2009
Part 7—Application and transitional provisions
Fair Work Act 2009
Part 8—Records
Fair Work Act 2009
Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
No. 101, 2017
An Act to amend the Fair Work Act 2009, and for related purposes
[Assented to 14 September 2017]
The Parliament of Australia enacts:
1 Short title
This Act is the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017.
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 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 15 September 2017 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Increasing maximum penalties for contraventions of certain civil remedy provisions
Fair Work Act 2009
1 Section 12
Insert:
serious contravention has the meaning given by section 557A.
2 Subsection 539(2) (after note 3)
Insert:
Note 4: See section 557A in relation to a serious contravention of a civil remedy provision.
3 Subsection 539(2) (cell at table item 1, column 4)
Repeal the cell, substitute:
for a serious contravention—600 penalty units; or otherwise—60 penalty units |
4 Subsection 539(2) (cell at table item 2, column 4)
Repeal the cell, substitute:
for a serious contravention—600 penalty units; or otherwise—60 penalty units |
5 Subsection 539(2) (cell at table item 3, column 4)
Repeal the cell, substitute:
for a serious contravention—600 penalty units; or otherwise—60 penalty units |
6 Subsection 539(2) (cell at table item 4, column 4)
Repeal the cell, substitute:
for a serious contravention—600 penalty units; or otherwise—60… |
Overview
The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 was enacted by the Parliament of Australia to amend the Fair Work Act 2009, and for related purposes. The Act aims to address issues related to the protection of vulnerable workers by increasing penalties for contraventions of certain civil remedy provisions, imposing liability on responsible franchisor entities and holding companies for certain contraventions by franchisee entities and subsidiaries, prohibiting unreasonable requirements on employees to spend or pay amounts, and strengthening the powers of the Fair Work Ombudsman. The policy objective of the Act is to ensure fair and just working conditions for all employees, particularly those who are vulnerable or in a disadvantaged position.
Scope and Application
The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 amends the Fair Work Act 2009 to enhance protections for vulnerable workers and to increase penalties for certain contraventions. The Act applies to employers, employees, employer organisations, and inspectors within the Commonwealth jurisdiction. The amendments include increasing maximum penalties for contraventions of certain civil remedy provisions, imposing liability on responsible franchisor entities and holding companies for certain contraventions by franchisee entities and subsidiaries, prohibiting unreasonable requirements on employees to spend or pay amounts, and enhancing the powers of the Fair Work Ombudsman and inspectors. The Act also introduces provisions to prevent hindering and obstructing the Fair Work Ombudsman and inspectors and to address false or misleading information or documents. The amendments apply to conduct engaged in after the commencement of the Act, with certain transitional provisions for ongoing conduct and investigations. The Act does not specify exclusions or thresholds, but it extends application through subordinate instruments such as regulations.
Key Provisions
- The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 amends the Fair Work Act 2009 to strengthen protections for vulnerable workers, particularly those in franchise and subsidiary arrangements, and to enhance penalties for certain contraventions. Key provisions include increased maximum penalties for serious contraventions of civil remedy provisions (subsections 539(2) and 557A), imposing liability on responsible franchisor entities and holding companies for certain contraventions by franchisee entities and subsidiaries (subsections 558B(1) and (2)), prohibiting unreasonable requirements on employees to spend or pay amounts (subsections 325(1) and (1A)), and enhancing the powers of the Fair Work Ombudsman, including the ability to apply for FWO notices to obtain information or documents relevant to investigations (sections 712A to 712F).
- The Act imposes obligations on responsible franchisor entities and holding companies to prevent contraventions by franchisee entities and subsidiaries (subsections 558B(3) and (4)), and it requires employers to maintain accurate records and provide truthful information and documents (subsections 535(4) and 536(3)). Failure to comply with these obligations can result in civil penalties.
- Offences under the Act include hindering or obstructing the Fair Work Ombudsman or inspectors (subsection 707A(1)), providing false or misleading information or documents (subsection 718A(1)), and contravening civil remedy provisions. Maximum penalties vary, with serious contraventions attracting up to 600 penalty units (subsections 539(2) and 718A(1)), and other contraventions attracting up to 60 penalty units. These penalties reflect the seriousness of the conduct and aim to deter non-compliance.
- Area of Law
- Employment & Labour Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Enforcement Powers
- Regulatory Standards
- Reporting & Disclosure Obligations
- Offence Provisions