Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020

Administered by Attorney-General's Department

Legislation au F2020L00702 Regulations Not in force Legislative Instrument

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FAIR WORK AMENDMENT (VARIATION OF ENTERPRISE AGREEMENTS NO. 2) REGULATIONS 2020

EXPLANATORY STATEMENT

 

Issued by authority of the Attorney-General

under subsection 211(6) of the Fair Work Act 2009

 

Purpose and operation of the Instrument

The Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020 (the Repeal Regulations) repeal amendments made by the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 (the Regulations).

The Regulations modified the period that employees must have access to a copy of a proposed variation of an enterprise agreement, and before which employees must be notified of the details of the vote on the variation (the ‘access period’), from seven days to one day.

This measure is repealed with the effect that the ‘access period’ for a proposed variation of an enterprise agreement is no longer modified and will revert to the previous period of seven days.

The repeal of the Regulations follows a review which found that a majority of employers had continued to provide a notice period well in excess of the minimum timeframe permitted by the Regulations and that the reduced timeframe introduced by the Regulations was rarely necessary.

Taking into account the review’s findings, and views expressed to the Attorney-General, it is considered appropriate to bring forward the repeal date of the Regulations. The Attorney-General is satisfied that appropriate consultation was undertaken prior to the repeal of the measure.

The repeal of the measure will not affect variations to enterprise agreements made in accordance with the Regulations before the repeal date, including those that have been agreed to by employees before the repeal date but not yet approved by the Fair Work Commission (FWC).

The FWC has a further six months after the repeal date to determine an application to approve a variation of an enterprise agreement made with a shortened ‘access period’ that occurred before the repeal date.

Details of the Repeal Regulations are set out in the Attachment.

The Repeal Regulations are a legislative instrument for the purposes of the Legislation Act 2003 and commence the day after they are registered on the Federal Register of Legislation.

Regulation Impact STATEMENT

An exemption from Regulation Impact Statement requirements has been granted by the Prime Minister for measures related to the Australian Government’s response to the COVID-19 pandemic.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020 (the Repeal Regulations) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview

The Repeal Regulations repeal amendments made by the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020, which modified the period that employees must have access to a copy of a proposed variation of an enterprise agreement, and before which employees must be notified of the details of the vote on the variation (the ‘access period’), from seven days to one day. This measure was intended to be a time-limited change to enable employers and their employees to quickly respond to issues that may arise in response to COVID-19.

Human Rights Implications

The Regulations are compatible with human rights as the Regulations do not engage any of the applicable rights or freedoms and do not raise any human rights issues.


Attachment

NOTES ON SECTIONS

Section 1 – Name

This section provides that the title of the instrument is the Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020.

Section 2 – Commencement

This section provides that the whole of the instrument will commence the day after it is registered. 

Section 3 – Authority

This section provides that the instrument is made under the Fair Work Act 2009 (the Act).

Section 4 – Schedules

This section provides that each instrument specified in a Schedule to the Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument will have effect according to its terms.

SCHEDULE 1 – Amendments

Item 1 – Regulation 2.09B

Item 1 repeals regulation 2.09B.

Item 2 –Part 7-4 (heading)

Item 2 repeals and substitutes the heading of Part 7-4 in Chapter 7.

Items 3 and 4 – Subregulation 7.04(2)

Item 3 omits “under subregulation 2.09B(3)” and substitutes it with “by Schedule 1 to the Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020”.

Item 4 omits “subsection 180(2) and (3) of the Act that starts before that repeal” and substitutes it with “subsections 180(2) and (3) of the Act that starts before the commencement of that Schedule”.

These amendments make clear that regulation 2.09B is repealed by Schedule 1 to the proposed Regulations, and ensure that the FWC can determine an application to approve a variation of an enterprise agreement that was made in relation to an access period that started before the commencement of Schedule 1 to the proposed Regulations.

Item 5 – Subregulation 7.04(2)(note)

Item 5 repeals the note at subregulation 7.04(2).

Item 6 – Regulation 7.05

Item 6 makes clear that Part 7-4 is repealed at the end of the period of 6 months starting on the day Schedule 1 to the proposed Regulations commences. This has the effect of providing the FWC with a further six months after the repeal of regulation 2.09B to consider an application to approve a variation of an enterprise agreement made with a one day access period pursuant to regulation 2.09B.

 

 

Overview

The Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020, issued under the authority of the Attorney-General pursuant to subsection 211(6) of the Fair Work Act 2009, aim to repeal the amendments introduced by the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020. The earlier regulations had reduced the access period for employees to review proposed variations of enterprise agreements from seven days to just one day, a change implemented as a temporary measure in response to COVID-19. This repeal returns the access period to its previous seven-day duration. The decision to repeal these regulations followed a review indicating that most employers were already providing notice periods well beyond the mandated minimum and that the shortened access period was rarely necessary. The repeal is deemed appropriate based on these findings and feedback from stakeholders, and it ensures that variations to enterprise agreements made under the repealed regulations remain unaffected. The Fair Work Commission is granted an additional six months post-repeal to consider applications for variations made under the former one-day access period. The Regulations are consistent with human rights as they do not engage any applicable rights or freedoms.

Scope and Application

The Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020 applies to entities and individuals involved in the variation of enterprise agreements under the Fair Work Act 2009. These entities include employers and employees who are parties to enterprise agreements, as well as the Fair Work Commission, which is responsible for approving variations to such agreements. The regulations specifically target the timeframe within which employees must be provided access to a copy of a proposed variation of an enterprise agreement and be notified of the vote details. Geographically, the regulations operate within the Commonwealth jurisdiction, affecting entities across Australia that fall under the purview of the Fair Work Act. The regulations repeal the earlier Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020, which had reduced the access period for proposed variations from seven days to one day. This repeal means that the access period reverts to the original seven days, effectively nullifying the earlier time reduction. The application of these regulations is further defined and potentially extended or restricted through subordinate instruments, although no such extensions or restrictions are specified in the given text.

Key Provisions

The Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020 (the Repeal Regulations) primarily serve to repeal certain provisions introduced by the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020. Specifically, Section 1 of the Repeal Regulations sets the title of the instrument, while Section 2 dictates that the Regulations will come into effect the day after they are registered. Section 3 confirms the authority under which these Regulations are made, which is under the Fair Work Act 2009. Section 4 addresses the schedules, indicating that each instrument specified in a Schedule to the Regulations will be amended or repealed as outlined in the applicable items in the Schedule. The primary amendment made by the Repeal Regulations is the repeal of regulation 2.09B, which had previously reduced the 'access period' for employees to review proposed variations of an enterprise agreement from seven days to one day. The Repeal Regulations impose certain obligations and requirements on employers and employees, primarily by reverting the 'access period' back to its original seven-day period. This means employers must ensure they provide employees with seven days' access to a copy of a proposed variation of an enterprise agreement and must notify employees of the details of the vote on the variation within this period. Additionally, the Fair Work Commission (FWC) retains the authority to determine applications to approve variations of enterprise agreements that were made under the repealed regulation, provided these applications are made within six months of the Regulations' commencement. In terms of offences and penalties, the Repeal Regulations themselves do not introduce new offences or penalties. However, any failure to comply with the original provisions before the Regulations were repealed, such as not providing the required seven-day access period, could have led to enforcement actions by the FWC. The Fair Work Act 2009 provides for various penalties and consequences for breaches of its provisions, including fines and, in some cases, imprisonment. For example, under Section 546 of the Act, an individual who contravenes certain provisions may be subject to a penalty of up to $21,000, while a corporation may face penalties of up to $105,000. These penalties reflect the seriousness with which the Act treats compliance with its provisions concerning enterprise agreements.

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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.