Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Act 2026

Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Act 2026

No. 62, 2026

An Act to amend the law relating to workplace relations, the road transport industry and registered organisations, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendment of the Fair Work Act 2009

Part 1—Amendments relating to the National Construction Industry Forum

Fair Work Act 2009

Part 2—Technical amendments

Fair Work Act 2009

Part 3—Amendments relating to the Road Transport Advisory Group

Fair Work Act 2009

Part 4—Amendments relating to road transport contractor high income threshold

Fair Work Act 2009

Part 5—Jurisdictional objections

Fair Work Act 2009

Part 6—Delegation of powers in dismissal and termination disputes

Fair Work Act 2009

Part 7—Determining matters on the papers

Fair Work Act 2009

Part 8—Dismissing applications and vexatious litigants

Fair Work Act 2009

Part 9—Exemption from general protections in certain circumstances

Fair Work Act 2009

Part 9A—Certain mandatory terms of workplace determinations must not be less favourable

Fair Work Act 2009

Part 10—Supported bargaining authorisations

Fair Work Act 2009

Part 11—Application and transitional provisions

Fair Work Act 2009

Schedule 2—Amendment of the Independent Contractors Act 2006

Part 1—Amendments relating to road transport contractor high income threshold

Independent Contractors Act 2006

Part 2—Application and transitional provision

Schedule 3—Amendment of the Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Act 2009

Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Act 2026

No. 62, 2026

An Act to amend the law relating to workplace relations, the road transport industry and registered organisations, and for related purposes

[Assented to 6 July 2026]

The Parliament of Australia enacts:

1  Short title

  This Act is the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Act 2026.

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.

Note: This table relates only to the provisions of this Act as originally enacted.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—Amendment of the Fair Work Act 2009

Part 1—Amendments relating to the National Construction Industry Forum

Fair Work Act 2009

1  Section 12 (definition of Industry Minister)

Repeal the definition.

2  Paragraph 789GZE(1)(c)

Repeal the paragraph, substitute:

 (c) the Minister responsible for the building and construction industry, excluding workplace relations; and

 (ca) the Minister responsible for skills and vocational education; and

3  After subsection 789GZM(2)

Insert:

 (2A) Regulations made for the purposes of subsection (2) may prescribe a rate by reference to the rate of travel allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.

Note: This subsection is not intended to be an exhaustive statement of the ways in which a rate could be prescribed.

Part 2—Technical amendments

Fair Work Act 2009

4  Paragraph 536KM(3)(b)

Omit “not apply”, substitute “apply”.

5  Subsection 536KN(2)

Omit “paragraph (1)(b)”, substitute “paragraph (1)(a)”.

6  Paragraph 536KN(2)(b)

Omit “not apply”, substitute “apply”.

7  Paragraph 536PR(3)(b)

Omit “not apply”, substitute “apply”.

8  Subsection 536PR(4)

Omit “paragraph (2)(b)”, substitute “paragraph (2)(a)”.

9  Paragraph 536PR(4)(b)

Omit “not apply”, substitute “apply”.

Part 3—Amendments relating to the Road Transport Advisory Group

Fair Work Act 2009

10  At the end of Division 3 of Part 1‑4

Add:

40H  Remuneration

 (1) Subject to subsection (2), the following are not entitled to be paid remuneration or allowances:

 (a) a member of the Road Transport Advisory Group;

 (b) the chair of the Road Transport Advisory Group;

 (c) a member of a subcommittee of the Road Transport Advisory Group.

Travel allowance

 (2) If:

 (a) a member of the Road Transport Advisory Group travels for the performance of the Road Transport Advisory Group’s functions; and

 (b) the General Manager is satisfied that the travel is necessary for the proper performance of the Road Transport Advisory Group’s functions;

the member is entitled to be paid in relation to that travel a travel allowance at a rate prescribed by the regulations.

 (3) In deciding whether the General Manager is satisfied as required by paragraph (2)(b), the General Manager must have regard to the matters (if any) prescribed in the regulations.

 (4) Regulations made for the purposes of subsection (2) may prescribe a rate by reference to the rate of travel allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.

Note: This subsection is not intended to be an exhaustive statement of the ways in which a rate could be prescribed.

11  Subsection 657(1A) (note 1)

Omit “Sections 653 and 653A”, substitute “Subsection 40H(2) and sections 653 and 653A”.

Part 4—Amendments relating to road transport contractor high income threshold

Fair Work Act 2009

12  Section 12

Insert:

road transport contractor high income threshold: see section 15CA.

13  Subsection 15AB(4)

Repeal the subsection, substitute:

Earnings requirement

 (4) The person must not give the individual a notice under subsection (3) unless the person considers that, when the notice is given, the individual’s earnings for work performed under the relationship exceeds:

 (a) if the individual is a regulated road transport contractor—the road transport contractor high income threshold; or

 (b) otherwise—the contractor high income threshold.

14  Subsection 15AB(7)

Omit “exceed the contractor high income threshold”, substitute “exceed the applicable threshold referred to in subsection (4)”.

15  After section 15C

Insert:

15CA  Meaning of road transport contractor high income threshold

 (1) Subject to this section, the road transport contractor high income threshold is the amount prescribed by, or worked out in the manner prescribed by, the regulations.

 (2) A regulation made for the purposes of subsection (1) has no effect to the extent that it would have the effect of reducing the amount of the road transport contractor high income threshold to be less than the amount of the contractor high income threshold.

 (3) If:

 (a) in prescribing a manner in which the road transport contractor high income threshold is worked out, regulations made for the purposes of subsection (1) specify a particular matter or state of affairs; and

 (b) as a result of a change in the matter or state of affairs, the amount of the road transport contractor high income threshold worked out in that manner would, but for this subsection, be less than the amount of the contractor high income threshold;

the road transport contractor high income threshold is the amount that it would be if the change had not occurred.

16  Paragraph 536LT(5)(b)

Omit “contractor high income threshold”, substitute “road transport contractor high income threshold”.

17  Subsection 536LU(2)

Repeal the subsection, substitute:

 (2) A person must not make an application under subsection (1) unless the sum of the person’s annual rate of earnings, and such other amounts (if any) worked out in relation to the person in accordance with the regulations, is less than:

 (a) if the person has been deactivated—the contractor high income threshold; or

 (b) if the person has been terminated—the road transport contractor high income threshold.

18  Subsection 536ND(2)

Repeal the subsection (not including the note), substitute:

 (2) An application must not be made in relation to a services contract unless, in the year the application is made, the sum of the person’s annual rate of earnings, and such other amounts (if any) worked out in relation to the person in accordance with the regulations, is less than:

 (a) if the person is a regulated road transport contractor—the road transport contractor high income threshold; or

 (b) otherwise—the contractor high income threshold.

Part 5—Jurisdictional objections

Fair Work Act 2009

19  Section 334 (paragraph beginning “Division 8”)

After “involves”, insert “an alleged”.

20  Subdivision A of Division 8 of Part 3‑1 (heading)

Omit “Contraventions involving”, substitute “Disputes about”.

21  Section 365

Repeal the section, substitute:

365  Application for the FWC to deal with a dismissal dispute

  If:

 (a) a person; or

 (b) an industrial association that is entitled to represent the industrial interests of a person;

alleges that the person was dismissed in contravention of this Part, the person, or the industrial association, may apply to the FWC for the FWC to deal with the dispute.

22  Paragraph 366(1)(a)

Before “dismissal”, insert “alleged”.

23  Paragraph 366(2)(b)

Before “dismissal”, insert “alleged”.

24  After subsection 368(1)

Insert:

 (1A) To avoid doubt, in order to commence dealing with the dispute (other than by arbitration) under this section, the FWC is not required to determine whether or not the person was dismissed.

25  Subdivision B of Division 8 of Part 3‑1 (heading)

Omit “contraventions”, substitute “disputes”.

26  Section 725

After “dismissed”, insert “, or allegedly dismissed,”.

27  Section 725

After “dismissal”, insert “, or alleged dismissal,”.

28  Paragraph 727(1)(a)

Before “dismissal”, insert “alleged”.

29  Paragraph 727(1A)(a)

Before “dismissal”, insert “alleged”.

30  Subsection 727(2)

Before “dismissal”, insert “an alleged”.

31  Paragraph 730(1)(a)

Before “dismissal”, insert “alleged”.

32  Paragraph 730(1A)(a)

Before “dismissal”, insert “alleged”.

33  Subsection 730(2)

Before “dismissal”, insert “an alleged”.

34  Section 769 (paragraph beginning “Division 2”)

After “involves the”, insert “alleged”.

35  Section 773

Repeal the section, substitute:

773  Application for the FWC to deal with a dispute

  If:

 (a) an employee; or

 (b) an industrial association that is entitled to represent the industrial interests of an employee;

alleges that the employee’s employment was terminated in contravention of subsection 772(1), the employee, or the industrial association, may apply to the FWC for the FWC to deal with the dispute.

36  Paragraph 774(1)(a)

Omit “employment was terminated”, substitute “alleged termination took effect”.

37  Paragraph 774(2)(b)

Before “termination”, insert “alleged”.

38  After subsection 776(1)

Insert:

 (1A) To avoid doubt, in order to commence dealing with the dispute (other than by arbitration) under this section, the FWC is not required to determine whether or not the employer terminated the employee’s employment.

Part 6—Delegation of powers in dismissal and termination disputes

Fair Work Act 2009

39  After subsection 625(3)

Insert:

 (3A) The President may, in writing, delegate all or any of the functions or powers of the FWC under subsection 368(3) (unresolved dismissal disputes) or subsection 776(3) (unresolved unlawful termination disputes) to any of the following people:

 (a) a member of the staff of the FWC who is an SES employee or acting SES employee;

 (b) a member of the staff of the FWC who is an APS employee who holds or performs duties of an APS 6 position, or an equivalent or higher position.

40  Subsection 625(4)

Omit “or (2)”, substitute “, (2) or (3A)”.

Part 7—Determining matters on the papers

Fair Work Act 2009

41  Section 397

Before “The FWC”, insert “(1)”.

42  At the end of section 397

Add:

 (2) However, the FWC may make a decision in relation to the matter without either conducting a conference or holding a hearing if:

 (a) it appears to the FWC that the matter can be adequately determined in the absence of the parties to the matter; and

 (b) the parties to the matter consent to the FWC making a decision in relation to the matter without conducting a conference or holding a hearing.

43  Section 536LX

Before “The FWC”, insert “(1)”.

44  At the end of section 536LX

Add:

 (2) However, the FWC may make a decision in relation to the matter without either conducting a conference or holding a hearing if:

 (a) it appears to the FWC that the matter can be adequately determined in the absence of the parties to the matter; and

 (b) the parties to the matter consent to the FWC making a decision in relation to the matter without conducting a conference or holding a hearing.

Part 8—Dismissing applications and vexatious litigants

Fair Work Act 2009

45  Subsection 587(2)

Omit “, 536LU”.

46  After section 587

Insert:

587A  Orders about further applications after dismissal

 (1) If the FWC dismisses an application (the substantive application) under paragraph 587(1)(b) or (c), the FWC may order that the applicant must not make a further application to the FWC of a kind specified in the order without the permission of the FWC, given by the President, a Vice President or Deputy President.

Note: The FWC must be constituted by a Full Bench to give an order under subsection (1) (see subsection 616(4C)).

 (2) The FWC must not make an order under subsection (1) unless:

 (a) the applicant has been given a reasonable opportunity to make submissions to the FWC in relation to whether the order should be made; and

 (b) the FWC has taken into account any submissions received.

 (3) The FWC may make an order under subsection (1):

 (a) on its own initiative; or

 (b) on application by a party to a matter dealt with by the substantive application.

 (4) An order under subsection (1) has effect despite any other provision of this Act or any other Act.

 (5) An application made in contravention of an order under subsection (1) has no effect.

 (6) A decision to refuse to permit a further application as mentioned in subsection (1) must not be appealed under section 604.

47  After subsection 616(4B)

Insert:

Further applications after application has been dismissed

 (4C) An order under subsection 587A(1) about further applications following the dismissal of an application must be made by a Full Bench.

48  Before paragraph 675(2)(j)

Insert:

 (ib) an order under subsection 587A(1) (which deals with further applications after dismissal);

Part 9—Exemption from general protections in certain circumstances

Fair Work Act 2009

49  At the end of section 334

Add:

Division 9 deals with modifications of this Part.

50  After section 335

Insert:

335A  Meaning of Commonwealth entity

  In this Part, Commonwealth entity means:

 (a) the Commonwealth; or

 (b) a Commonwealth authority.

51  Subsection 342(4)

Repeal the subsection, substitute:

 (4) Without limiting subsection (3), adverse action does not include the following:

 (a) an employer standing down an employee who is:

 (i) engaged in protected industrial action; and

 (ii) employed under a contract of employment that provides for the employer to stand down the employee in the circumstances;

 (b) discrimination against an employer in the circumstances mentioned in subsection 354(2A) or (2B).

52  Subsection 343(2)

Repeal the subsection, substitute:

 (2) Subsection (1) does not apply to:

 (a) protected industrial action; or

 (b) discrimination against an employer in the circumstances mentioned in subsection 354(2A) or (2B).

53  Section 354 (after the heading)

Insert:

Discrimination against an employer

54  Before subsection 354(2)

Insert:

Exceptions

55  After subsection 354(2)

Insert:

 (2A) Paragraph (1)(a) does not apply if the discrimination:

 (a) is because employees of the employer:

 (i) are not covered by an enterprise agreement or a kind of enterprise agreement; or

 (ii) are covered by an enterprise agreement that does not cover an employee organisation; and

 (b) is by:

 (i) a Commonwealth entity; or

 (ii) a person acting as required or authorised under a contractual arrangement with a Commonwealth entity; or

 (iii) a person acting as required or authorised under a contractual arrangement in a Commonwealth contractual arrangement chain; and

 (c) is for the purposes of:

 (i) making or administering a grant of financial assistance; or

 (ii) procuring or providing goods or services; or

 (iii) entering into, or fulfilling the terms and conditions of, a contractual arrangement of a type determined under subsection (2C).

Note: Commonwealth entity is defined in section 335A.

 (2B) Paragraph (1)(b) does not apply if the discrimination:

 (a) is because it is proposed that employees of the employer:

 (i) not be covered by an enterprise agreement or a kind of enterprise agreement; or

 (ii) be covered by an enterprise agreement that does not cover an employee organisation; and

 (b) is by:

 (i) a Commonwealth entity; or

 (ii) a person acting as required or authorised under a contractual arrangement with a Commonwealth entity; or

 (iii) a person acting as required or authorised under a contractual arrangement in a Commonwealth contractual arrangement chain; and

 (c) is for the purposes of:

 (i) making or administering a grant of financial assistance; or

 (ii) procuring or providing goods or services; or

 (iii) entering into, or fulfilling the terms and conditions of, a contractual arrangement of a type determined under subsection (2C).

Note: Commonwealth entity is defined in section 335A.

Other types of contractual arrangements

 (2C) The Minister may, by legislative instrument, determine a type of contractual arrangement for the purposes of subparagraphs (2A)(c)(iii) and (2B)(c)(iii).

 (2D) The Minister may, in writing, delegate the Minister’s power under subsection (2C) to another Minister.

Discrimination against a regulated business

56  At the end of section 354

Add:

Definitions

 (4) In this section:

Commonwealth contractual arrangement chain means a chain or series of contractual arrangements:

 (a) under which the terms and conditions of the first contractual arrangement in the chain or series (the primary arrangement) are fulfilled, under another contractual arrangement, by a person who is not a party to the primary arrangement; and

 (b) in which at least one party to the primary arrangement is a Commonwealth entity.

Note: Commonwealth entity is defined in section 335A.

contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement.

57  At the end of Part 3‑1

Add:

Division 9—Modification

378A  Minister may modify operation of this Part

  The Minister may, by legislative instrument, make a determination modifying the operation of a provision in this Part so that the provision does not apply to discrimination against an employer in the circumstances mentioned in subsection 354(2A) or (2B).

58  Subsection 792(1)

Omit “section 32A”, substitute “section 32A, subsection 354(2C) or section 378A”.

Part 9A—Certain mandatory terms of workplace determinations must not be less favourable

Fair Work Act 2009

58A  Section 270A (heading)

Repeal the heading, substitute:

270A  Certain terms must not be less favourable

58B  After subsection 270A(2)

Insert:

 (2A) A term that is included in the determination to comply with subsection 273(2), (4), (5) or (6) must be not less favourable to each of those employees, and any employee organisation that was a bargaining representative of any of those employees, than a term of the enterprise agreement that deals with the same matter as the term included in the determination.

Note: In addition, the delegates’ rights term included in compliance with subsection 273(6) must not be less favourable than the delegates’ rights term in any modern award that covers a workplace delegate to whom the determination applies (see subsection 273(7)).

58C  At the end of section 270A

Add:

 (5) For the avoidance of doubt, subsection (2A) does not apply to any agreed term for the determination that:

 (a) is of a kind referred to in subsection 273(3), (4) or (5); or

 (b) is a delegates’ rights term for the workplace delegates to whom the determination applies.

58D  Subsections 273(4) and (5)

Repeal the subsections, substitute:

Flexibility term

 (4) Unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203 (which deal with flexibility terms in enterprise agreements), the determination must include:

 (a) unless paragraph (b) applies—the model flexibility term; or

 (b) if the model flexibility term does not comply with subsection 270A(2A)—a term that complies with that subsection and that would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203.

Consultation term

 (5) Unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy subsection 205(1) (which deals with terms about consultation in enterprise agreements), the determination must include:

 (a) unless paragraph (b) applies—the model consultation term; or

 (b) if the model consultation term does not comply with subsection 270A(2A)—a term that complies with that subsection and that would, if the determination were an enterprise agreement, satisfy subsection 205(1).

Part 10—Supported bargaining authorisations

Fair Work Act 2009

59  After subsection 243(2B)

Insert:

Supported bargaining authorisation—agreement replacing earlier supported bargaining agreement

 (2C) The FWC must also make a supported bargaining authorisation in relation to a proposed multi‑enterprise agreement if:

 (a) the proposed agreement will replace an earlier supported bargaining agreement (the earlier agreement) that will have passed its nominal expiry date; and

 (b) an application for the authorisation has been made by an employee organisation that was a bargaining representative for the earlier agreement; and

 (c) the application was made:

 (i) no earlier than 3 months before the nominal expiry date of the earlier agreement; and

 (ii) no later than 2 years after the nominal expiry date of the earlier agreement; and

 (d) the FWC is satisfied that the proposed agreement will cover:

 (i) the same employers, or substantially the same employers, as the earlier agreement; and

 (ii) the same employees, or substantially the same group of employees, as the earlier agreement.

Note: This subsection is subject to section 243A (restrictions on making supported bargaining authorisations).

 (2D) The FWC must make the authorisation as quickly as possible after the application is made.

60  After subsection 243A(3)

Insert:

Agreement replacing earlier supported bargaining agreement

 (3A) The FWC must not make a supported bargaining authorisation under subsection 243(2C) specifying an employer if:

 (a) the employer is specified in an application for the authorisation; and

 (b) before the FWC makes the authorisation, the employer applies to the FWC for the employer not to be specified in the authorisation; and

 (c) the FWC is satisfied that, because of a change in the employer’s circumstances, it would not be appropriate for the employer to be specified in the authorisation.

61  Subsections 245(1) and (2)

Omit “that is in operation”, substitute “that comes into operation after the authorisation is made”.

Part 11—Application and transitional provisions

Fair Work Act 2009

62  In the appropriate position in Schedule 1

Insert:

Part 23—Amendments made by the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Act 2026

Division 1—Definitions

132  Definitions

  In this Part:

amending Act means the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Act 2026.

Division 2—Amendments made by Part 4 of Schedule 1 to the amending Act

133  Application of amendments relating to the road transport contractor high income threshold

 (1) Subsection 15AB(4), as in force immediately before the commencement of Part 4 of Schedule 1 to the amending Act, continues to apply on and after that commencement in relation to a notice given under subsection 15AB(2) or (3) before that commencement.

 (2) Subsections 536LU(2) and 536ND(2), as amended by Part 4 of Schedule 1 to the amending Act, apply in relation to an application made on or after the commencement of that Part.

Division 3—Amendments made by Part 5 of Schedule 1 to the amending Act

134  Application of amendments relating to jurisdictional objections

  The amendments made by Part 5 of Schedule 1 to the amending Act apply in relation to an application that is made on or after the commencement of that Part, whether the alleged dismissal or termination to which the application relates took effect before, on or after that commencement.

Division 4—Amendments made by Part 6 of Schedule 1 to the amending Act

135  Application of amendments relating to delegation of powers in dismissal and termination disputes

  Section 625, as amended by Part 6 of Schedule 1 to the amending Act, applies in relation to a function performed or a power exercised on or after the commencement of that Part, including in relation to a dispute that the FWC started dealing with (other than by arbitration) before, on or after that commencement.

Division 5—Amendments made by Part 7 of Schedule 1 to the amending Act

136  Application of amendments relating to determining matters on the papers

  The amendments of sections 397 and 536LX made by Part 7 of Schedule 1 to the amending Act apply in relation to an application under section 394 or 536LU made on or after the commencement of that Part.

Division 6—Amendments made by Part 8 of Schedule 1 to the amending Act

137  Application of amendments relating to dismissing applications and vexatious litigants

  The amendments made by Part 8 of Schedule 1 to the amending Act apply in relation to an application made on or after the commencement of that Part.

Division 7—Amendments made by Part 9 of Schedule 1 to the amending Act

138  Application of amendments relating to exemptions from general protections

  Sections 342, 343 and 354 of this Act, as amended by Part 9 of Schedule 1 to the amending Act, apply in relation to any discrimination that occurs on or after the commencement of that Part.

Division 7A—Amendments made by Part 9A of Schedule 1 to the amending Act

138A  Application of amendments—intractable bargaining workplace determinations

 (1) Sections 270A and 273, as amended by Part 9A of Schedule 1 to the amending Act, apply in relation to intractable bargaining workplace determinations made on or after the commencement of that Part (including determinations in relation to which the intractable bargaining declaration concerned, or the application for that declaration, was made before that commencement).

 (2) Sections 270A and 273, as amended by Part 9A of Schedule 1 to the amending Act, also apply in relation to intractable bargaining workplace determinations made before that commencement, in the circumstances specified in clause 138B.

138B  Application of amendments to intractable bargaining workplace determinations made before commencement

 (1) This clause applies in relation to an intractable bargaining workplace determination made before the commencement of Part 9A of Schedule 1 to the amending Act (the original determination).

 (2) On application by an employer, employee or employee organisation covered by the original determination, the FWC must make a determination (a variation) varying the original determination where required so as to give effect to sections 270A and 273 as amended by that Part.

 (3) An application under subclause (2) must be made before the end of the period of 12 months commencing on the day that Part commences.

 (4) The FWC may make a variation despite paragraph 603(3)(c).

 (5) Any variation must be made by a Full Bench.

 (6) A variation operates from the day specified by the FWC in the variation, which must not be a day before the variation is made.

Division 8—Amendments made by Part 10 of Schedule 1 to the amending Act

139  Application of amendments relating to agreements replacing earlier supported bargaining agreements

  Subsection 243(2C), as inserted by Part 10 of Schedule 1 to the amending Act, applies in relation to an application made on or after the commencement of that Part, whether the earlier agreement came into operation before, on or after that commencement.

Schedule 2—Amendment of the Independent Contractors Act 2006

Part 1—Amendments relating to road transport contractor high income threshold

Independent Contractors Act 2006

1  Subsection 12(2A)

Repeal the subsection, substitute:

 (2A) An application must not be made in relation to a services contract unless, in the year the application is made, the sum of the independent contractor’s annual rate of earnings, and such other amounts (if any) worked out in relation to the person in accordance with the regulations made for the purposes of subsection 536ND(2) of the Fair Work Act 2009, exceeds:

 (a) if the person is a regulated road transport contractor—the road transport contractor high income threshold; or

 (b) otherwise—the contractor high income threshold.

Note: Division 3 of Part 3A‑5 of the Fair Work Act 2009 sets out when the FWC may order a remedy for an unfair contract term.

 (2B) In subsection (2A), the following terms have the same meaning as in the Fair Work Act 2009:

 (a) contractor high income threshold;

 (b) regulated road transport contractor;

 (c) road transport contractor high income threshold.

Part 2—Application and transitional provision

2  Application of amendments

The amendment of section 12 of the Independent Contractors Act 2006 made by this Schedule applies in relation to an application made on or after the commencement of this item.

Schedule 3—Amendment of the Fair Work (Registered Organisations) Act 2009

Fair Work (Registered Organisations) Act 2009

1  Before subsection 323T(1)

Insert:

Scheme operation report

2  Subsection 323T(1)

After “a report”, insert “(the scheme operation report)”.

3  Subsection 323T(2)

Omit “A report”, substitute “The scheme operation report”.

4  Paragraph 323T(2)(c)

Repeal the paragraph.

5  Paragraph 323T(2)(d)

Omit “other”.

6  After subsection 323T(2)

Insert:

Financial report

 (2A) The administrator must also give the Minister a copy of a report (the financial report) prepared in accordance with subsection (2B) that is relevant to:

 (a) the Construction and General Division and its branches; and

 (b)  the 6 month period covered by the scheme operation report.

 (2B) The financial report must:

 (a) be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1); and

 (b) contain the information set out in subsection 253(2) in relation to the Construction and General Division and its branches; and

 (c) give a true and fair view of the financial position and performance of the Construction and General Division and its branches.

 (2C) If the administration for a branch of the Construction and General Division ends during the 6 month period covered by the scheme operation report, the financial report does not need to include information in relation to that branch.

 (2D) The administrator must give the Minister the financial report no later than 3 months after giving the scheme operation report.

Tabling of reports

7  Subsection 323T(3)

Omit “copy of a report”, substitute “copy of each report”.

[Minister’s second reading speech made in—

House of Representatives on 3 June 2026

Senate on 25 June 2026]