The Bill to amend the Fair Work Act 2009 (Cth) (“FW Act”), tabled in late February 2014 by the Government, has now passed the House of Representatives.

While we cannot predict whether the Bill will be passed (in whole or in part) by the Senate, due to the power of the independent Senators, all employers should be aware of the Bill’s reach.

The Fair Work Amendment Bill 2014 seeks to amend the FW Act in relation to:

  • requests for extended periods of unpaid parental leave;
  • the payment of annual leave upon termination of employment;
  • taking or accruing leave while receiving workers’ compensation;
  • the requirements for flexibility terms in modern awards and enterprise agreements and individual flexibility
  • arrangements made under those terms;
  • the negotiation of single-enterprise greenfields agreements;
  • the transfer of business rules;
  • application for a protected action ballot order;
  • right of entry framework;
  • the Fair Work Commission not having to hold a conference or hearing to dismiss an unfair dismissal application; and
  • interest payments on unclaimed monies.

As more information about the progress of the Bill through the Senate is known, we will keep you informed. However, we do not expect that any amendments will be gazetted to come into effect before 1 January 2015.

For more information go to:

www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5174